In a significant ruling that reinforces passenger rights, the Delhi District Consumer Disputes Redressal Commission has directed Air India to pay Rs 1.5 lakh as compensation to a father and daughter for deficiency in service during their international flight from Delhi to New York in September 2023. The complainants, Shailendra Bhatnagar and his daughter, had spent over Rs 3 lakh on tickets but endured what they described as the worst travel experience, with broken seats, malfunctioning backrest buttons, a defective flight attendant call button, and a persistent foul odour onboard.
Consumer Commission Upholds Passenger Rights Under DGCA Mandate
The Commission, in its order dated January 14, emphasized that airlines must adhere to the Directorate General of Civil Aviation (DGCA) regulations, which mandate essential in-flight services. It stated, If the airline fails to provide facilities that are mandatory under DGCA rules—such as food, water, air conditioning, communication, accommodation, or information about delays or cancellations—that amounts to deficiency in service. Passengers are then entitled to claim refunds and compensation. This ruling aligns with broader legal trends, as seen in a recent Delhi High Court decision following the Indigo flight cancellations, which highlighted the need for compensation for passenger suffering and agony.
Evidence and Legal Proceedings Lead to Compensation Award
To substantiate their claims, the complainants presented photographic evidence of the damaged seats and a legal notice sent to Air India on November 1, 2023. The Commission noted that Air India failed to respond to the notice, which detailed all allegations of poor facilities. In its observation, the Commission remarked, Had there been no fault with the services of Air India, surely they must have reacted sharply to the legal notice. During arguments, the Commission pressed Air India on its vague replies to serious allegations, but no satisfactory explanation was provided.
Considering the facts, the Commission awarded Rs 50,000 each to Shailendra Bhatnagar and his daughter for mental agony and harassment caused by the substandard services, despite the high ticket cost. An additional Rs 50,000 was allocated for litigation expenses, bringing the total compensation to Rs 1.5 lakh. This case underscores the importance of the DGCA circular dated August 6, 2010, which outlines conditions under which airlines must compensate travellers for service failures.
Implications for Airline Accountability and Consumer Protection
This ruling serves as a precedent for passengers seeking redressal against airlines that neglect mandatory in-flight services. It highlights that consumer forums are increasingly holding carriers accountable for lapses, ensuring that travellers receive the quality of service they pay for. As air travel resumes post-pandemic, such decisions reinforce consumer rights and prompt airlines to maintain higher standards to avoid legal repercussions and reputational damage.
