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2025 Supreme(Online)(CS) 30773

CONSUMER STATE
Poonam Chaudhry, President, Bariq Ahmad, Member, Shekhar Chandra, Member
MEENA CHAUDHARY SHARMA – Appellant
Versus
Qatar Airways – Respondent
Consumer Complaint No.CC/494/2016



Advocates:
For the Appellants/Petitioners: Not mentioned
For the Respondents: Not mentioned

Consumer service deficiencies can lead to liability for emotional suffering and compensation awards under the Consumer Protection Act.

Headnote:The complainant filed a case under Section 12 of the Consumer Protection Act, 1986 alleging deficiency of service by the respondent airline regarding treatment experienced during travel. The court found the airline's actions caused mental agony for the complainant and her daughter, awarding compensation for the damages suffered. The court highlighted provisions of the Consumer Protection Act concerning claims for physical and emotional suffering due to service deficiencies. The order includes compensation of Rs. 1,00,000 and Rs. 50,000 as litigation costs, directed to be paid within a month.

Table of Content
1. complaint filed alleging deficiency of service (Para 1 , 2 , 3 , 10)
2. circumstances affecting travel experience (Para 4 , 5 , 6)
3. passenger rights and staff obligations (Para 7 , 8 , 9)
4. claim for compensation and damages (Para 11 , 12 , 13 , 14)
5. court's legal observations and conclusions (Para 26 , 27 , 28)

ORDER

Poonam Chaudhry, President

1. The present complaint has been filed under Section 12 of Consumer Protection Act, 1986 (in short CP Act) against Opposite Party (in short OP) alleging deficiency of service.

2. Briefly stated the facts of the case are that the complainant is a practicing lawyer in Delhi for the last 20 years, while the complainant No. 2 is daughter of the complainant No.1. It is further alleged that the complainant is an income tax payee and was invited to visit the State of Verginia, USA alongwith her daughter and she booked her ticket online through Qatar Airways the respondent, the complainant No.1 got the booking done of business class online in her name and also booked online ticket for her daughter in economy class.

3. That while travelling to USA at Delhi Airport at the time of checking in the complainant who was travelling alone suffered misconduct and ill behavior at the hands of the lady staff of the respondent, as wheel chair request was made by the complainant, but the wheel chair arrived but in the middle of the way while complainant reached the exit point for alighting the plane the wheel chair attendant stopped the wheel chair near the Lift and demanded Rs.500/- from the complainant. The complainant was constrained to give/pay him Rs.500/- apprehending that in case she did not pay him the said amount, he might leave her stranded on the wheel chair. It is further alleged the flight attendant on board were very cordial and respectful. The flight reached on time and though there was a change of Airplane at Qatar Airport, the complainant did not face much difficulty.

4. It is further stated that the complainant's daughter Dr. Parul Sharma who was on a voyage with her husband who is a Merchant Navy Officer came from Korea to Delhi and thereafter she boarded the flight of Qatar Airways for Virginia, USA from Delhi.

5. The complainant's daughter who had discovered just 2 days earlier in a random pregnancy test she has conceived, the complainant tried her level best to get the ticket of her daughter upgraded but it was declined.

6. That while coming back from USA, the complainant and her daughter boarded the plane of the respondent, the staff on duty was courteous and cooperative but the night mare of the complainant an her daughter started when they changed their seated in the plane mid-way.

7. That the daughter of the complainant because of her condition fell sick during the turbulence of the plane and informed the complainant about her ill health and also the attending crew of the respondent Airways but the staff turned a blind eye to her condition and refused to give her any medical aid or help. Having no alternative the complainant exchanged her seat with her daughter, so that her condition could become stable, the complainant asked her daughter to rest on her seat temporarily for some time, this fact was in the knowledge of the respondent’s crew but they started harassing and troubling both the complainant and her daughter by threatening them with illegal arrest and deportation and one of the attendant infact who claimed to be the head, attempted to physically shove and lift both the complainant and her daughter from their respective seats on the false ground that some passengers might object to this exchange.

8. The attendants of OP forced the complainant's daughter to go back to her seat despite her physical condition, the complainant's daughter because of the discomfort suffered uneasiness and complication throughout the remaining journey.

9. That on coming back to Delhi the daughter of the complainant visited the Doctor. The complainant's daughter suffered great pain and h

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