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DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S.A.Siddiqui, Member (Judicial) & S.C.Jain, Member
British Airways —Appellant
versus
Dr. Mukesh Mehra —Respondent
First Appeal No.360/2012
Decided on 22.01.2014
Headnote:Consumer Protection Act,1986—Section 2(1)(g)—Airlines—Complaint alleging Deficiency in service on desertion of Indian passengers by appellant airlines at alien land—Respondent/complainant when boarded British Airway Flight from London to Delhi, staff of appellant/OP2 suddenly informed boarded passengers that flight had been cancelled and they were disembarked from the plane with the use of police personals—Complainant’s case that no one from the appellant was available to take care of disembarked passengers at the airport and they were not provided any hotel facilities or food, water etc. neither any schedule of the alternative flights and all the passengers were stranded at the airport — District Forum awarded Rs. 2,50,000/- as total compensation –Appeal— Held appellant had done a total violence of their basic courteous behaviours, by adding insult to humiliation caused to the complainant and other co-passenger by simply giving them marching orders to fend for themselves which the complainant had to do at the airport without any support from the appellant in terms of food, breakfast stay arrangements for night and other conveniences— This was all nothing but deficiency of service by OP by not stretching out his helping hand to the passengers in time of crises—No illegality or irregularity found in the order passed by District Forum—Appeal dismissed. (Paras 17 to 23)
The legal document details a case involving a complaint against an airline for deficient service and mistreatment of passengers during flight cancellation and subsequent handling at the airport. The key points are as follows:
- The appellant airline canceled the flight due to adverse weather conditions, specifically heavy snowfall, which was described as an act of God (!) (!) .
- Passengers, including the respondent/complainant, were disembarked from the aircraft using police personnel without adequate care or assistance from the airline, such as food, water, accommodation, or information about alternative arrangements (!) (!) .
- The airline’s communication to passengers indicated that the cancellation was due to weather conditions, and they were advised to make their own arrangements, despite being on the aircraft at the time of cancellation (!) (!) (!) (!) (!) .
- Passengers experienced significant distress, inconvenience, and financial loss, including the respondent’s inability to attend scheduled medical appointments and damage to his professional reputation (!) (!) (!) .
- The district forum awarded compensation for the deficiency in service, mental anguish, harassment, and loss of reputation, totaling Rs. 2,50,000 (!) .
- The appellant challenged the order, arguing that the cancellation was due to an unavoidable act of nature and that they fulfilled their obligations under the contract of carriage by ensuring passenger safety and providing necessary information (!) (!) .
- The appellant also contended that the European regulations and circulars cited were not applicable or had no retrospective effect, and that the airline's duty was limited to providing care during delays attributable to weather conditions (!) (!) .
- The court emphasized that the core issue was the airline’s behavior and attitude towards passengers in distress, highlighting that providing minimum care and assistance is a fundamental obligation, independent of legal regulations or contractual terms (!) (!) (!) (!) (!) .
- It was noted that even during unavoidable delays or cancellations, airlines are expected to offer facilitation such as food, water, and toilet facilities, which the airline failed to do in this case (!) (!) .
- The court recognized that the airline admitted to not providing due care and that their liability for deficiency in service was established, warranting compensation up to a limited amount as per applicable regulations (!) .
- The overarching principle is that compensation under consumer protection laws includes not only tangible losses but also mental and emotional suffering caused by service deficiencies (!) (!) (!) .
- The court upheld the district forum’s decision, dismissing the appeal due to lack of merit, and mandated the airline to comply with the compensation order within 30 days (!) (!) .
Overall, the case underscores the importance of the duty of care owed by service providers, particularly airlines, to passengers, especially in situations of distress caused by cancellations or delays, regardless of external circumstances such as weather events.
1). This appeal is preferred by the appellant against the order dt. 22.03.2012 passed by the District Forum-VI, M-Block, New Delhi in Complaint Case No. 183/05.
2. The case pertains to desertion of Indian passengers by foreign airlines at alien land, the facts of the case are that the respondent/complainant is a senior consultant physician in Delhi, he is qualified MBBS, M.D. (M.ED), Gold Medallist, FIACM, MICC, MCSI, MCCP, MAP and is specialist in Hypertension Heart Deceases and Diabetes, he is also attached with many hospitals of repute in Delhi as consultant and is also having his own clinic in Krishna Nagar, Delhi. The respondent/complainant to update his knowledge and to know latest happening and researches all over the world the used to attend conferences and lectures etc. in different parts of the world from time to time and to attend one such conference and lecture at Zurich (Switzerland), the respondent/complainant alongwith many other senior Doctors from all over India went to Zurich and he was supposed to come back via London on 30.01.2003.
3. The respondent/complainant made all bookings for to and fro journey with the appellant airlines through their authorised agent M/s SOTC i.e. OP-1 in the complaint.
4. As per the schedule programme the respondent/complainant had to board British Airway Flight from London to Delhi vide flight No. BA143 on 30.01.2003 at 11:30 Hrs. The respondent/complainant with other passengers boarded the plane and he was allotted seat No. 38D and all their baggage etc. was kept in the luggage carrier and he was having only his hand bag which he carried in the plane.
5. The staff of the appellant/OP-2 suddenly informed the boarded passengers that the flight has been cancelled and they were disembarked from the plane with the use of the police personals. The complainant/respondent submitted that no one from the appellant was available to take care of the disembarked passengers at the airport and they were not provided any hotel facilities or food, water etc. neither any schedule of the alternative flights and all the passengers were stranded at the airport and were made to lie down and sleep on the floor of the airport. The complainant and other passengers were made to queue up in a line of hundreds of passengers to obtain tickets for the alternative flights. The complainant and the other passengers were having no choice, but to accept the alternative terminal flights to come back to India/Delhi. They boarded a flight from London to Muscust via Abu-Dhabi on 01.02.2003 and from Muscut to Mumbai on 01.02.2003 and from Mumbai to Delhi on 02.02.2003. In this way they had to travel for 72 hours for a flight of 9 hours which they had booked from London to Delhi. The complainant submitted that they had a horrible experience at the airport at London as every aspect which are required in terms of care of passengers were missing from the side of airlines for the delayed flight or the cancelled flight.
6. The appellant/OP-2 simply handed over their letter dt. 30.01.2003 inside the aircraft the contents of which are reproduced below:-
30th January, 2003
“Dear Customer
Due to the adverse weather conditions today here at London Heathrow, all flights are subject to delay and possible cancellation. If you have been advised that your flight has been cancelled, you need to make alternative travel arrangement.
In order to avoid the queues at our Ticket Sales Desk we strongly recommend that you call our Reservations number on 0800727800 to make alternative flight reservations.
Please note that our Ticket Sales Desk closes at 2230 hrs prompt and regrettably, we are unable to keep the desk open post this time.
Should you need to arrange overnight accommodation, in such circumstances it will be at your own expense and it is advisable that you contract your own travel insurance company to attempt to recover any cost.
We appreciate this disruption to your travel plans is frustrating, but we ask fo
