In an unusual case, taking into account the “loss of work,” a district consumer commission has ordered Air India to compensate a 33-year-old private company employee with Rs 85,000 for a delay exceeding 24 hours on his Bangkok-Mumbai flight in 2018.
The complaint stated that the flight was scheduled to depart Bangkok on a Sunday evening, arriving in Mumbai early Monday. However, the passenger ended up departing Thailand only late Monday evening, resulting in a substantial delay.
The commission stated that the complainant, Mohit Nigam, having highlighted the deficiency in service, is entitled to compensation for physical and mental distress, as well as for loss of work..
“As the complainant has pointed out deficiency in service of the opponent, he is entitled to get compensation for physical and mental agony, loss of work but not fully what he has prayed i.e. refund of ticket at both ends. It will be proper to impose costs of litigation upon the opponent,” The Mumbai Suburban District Consumer Commission made a statement on March 21.
Nigam presented information to the commission, obtained through a Right To Information request, which indicated that the delay was caused by the airline’s negligence. The aircraft was scheduled to arrive from New Delhi to Bangkok before departing for Mumbai.
“Delay of almost 24 hours in departure of flight seems to have caused because the opponent at New Delhi Airport did not follow the scheduled mandatory requirements, which should have been done before departure of the flight. It was duty of the opponent to follow mandatory check-ups before departure of flight, in which they failed. The RTI document submitted by the complainant clearly establishes the mistake on the part of the opponent,” the commission stated.
The commission acknowledged that the complainant has suffered inconvenience and mental distress, which warrants compensation.
The commission denied Nigam’s request for a refund of his flight tickets, noting that his journey from Mumbai to Bangkok was completed without any issues. “The complainant’s claim for refund of ticket is not justified… It is not the case that the complainant had to bear additional expenses to purchase another air-ticket,” the commission said.
Nigam stated that he arrived at the airport three hours before the scheduled 8 pm departure, obtained his boarding pass, and waited at the gate, only to experience a flight delay. Passengers were informed that the flight would leave at 3 am, leading them to board and await takeoff. Subsequently, an announcement declared the flight cancelled. The uncertainty persisted until 5 am, after which the passengers were offered hotel accommodations.