By Aditya Deshmukh , Reliable Legal Information.
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Case Law
Subject : Civil Law - Consumer Law
New Delhi – The Consumer State Commission has ruled against Qatar Airways, finding the airline guilty of "deficiency in service" for its handling of a medical situation involving a pregnant passenger. The Commission, presided over by Poonam Chaudhry, ordered the airline to pay a total of ₹1,50,000 in compensation and litigation costs for its "inhuman" conduct.
The case was brought by Meena Chaudhary Sharma, a practicing lawyer, on behalf of herself and her pregnant daughter, Dr. Parul Sharma, following distressing incidents during a round-trip journey to the USA in 2014.
The complaint detailed two key incidents. The first occurred at Delhi Airport, where Ms. Sharma alleged a wheelchair attendant extorted ₹500 from her under the threat of being left stranded.
The more serious event unfolded on the return flight from the USA. Dr. Sharma, who had recently discovered she was pregnant, fell ill due to turbulence. The complainants alleged that the cabin crew ignored her condition and refused to provide medical aid. In an attempt to make her daughter more comfortable, Ms. Sharma, who was in business class, exchanged seats with her daughter, who was in economy.
According to the complaint, this act of compassion was met with hostility from the crew. The flight attendants allegedly harassed the mother and daughter, threatened them with arrest and deportation, and attempted to "physically shove" them back to their original seats, citing airline policy against in-flight upgrades. The crew's insistence forced Dr. Sharma to return to her economy seat despite her deteriorating condition, causing her "uneasiness and complication" for the remainder of the flight.
Upon returning to Delhi, Dr. Sharma was rushed to the hospital and diagnosed with a "threatened abortion." She was hospitalized for four days, and the complaint states that her life and that of her unborn child were saved "with great difficulty."
In its defense, Qatar Airways denied all allegations of misconduct and harassment. The airline acknowledged that Dr. Sharma fell sick but argued that its cabin crew acted according to policy. They stated that in-flight cabin upgrades from economy to business class were not permitted and that the passengers were "repeatedly requested" to return to their assigned seats. The airline maintained there was no deficiency in its service and requested the complaint be dismissed.
The Commission, led by President Poonam Chaudhry, sided with the complainants. It found the airline's rigid adherence to policy in the face of a passenger's clear medical distress to be a "deficiency of service."
In its order, the Commission cited a precedent from Shri G.L. Sanghai and another Vs. Scandinavian Airlines , stating, "To keep the child away from the parents and grandparents was an inhuman act and against the human emotional element. Officials of the OP Airlines in this regard acted like hardware and not like human beings."
Applying this principle, the Commission found the airline’s actions similarly inhuman, especially given that the airline admitted Dr. Sharma was unwell. The judgment quoted the Supreme Court in Ghaziabad Development Authority Vs. Balbir Singh , which established that compensation under the Consumer Protection Act can extend to "physical, mental or even emotional suffering, insult or injury or loss."
"In the facts and circumstances of the case, we are of the view that OP is guilty of deficiency of services and the act of OP caused mental agony and harassment to the complainant and her daughter," the order stated.
The Consumer State Commission directed Qatar Airways to: - Pay ₹1,00,000 as compensation for deficiency of service and causing mental agony. - Pay ₹50,000 towards the cost of litigation.
The airline was ordered to make the payment within one month, failing which it would be liable to pay interest at a rate of 7% per annum until the amount is realized.
#ConsumerProtection #AviationLaw #DeficiencyInService
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