Mumbai: A consumer commission here has held that a senior citizen suffered “monetarily and mentally” after SpiceJet issued incorrect tickets while rerouting his journey in 2020, and directed the airline to pay a compensation of Rs 25,000 to the passenger.
The District Consumer Disputes Redressal Commission, Mumbai (Suburban), in the order passed on June 17, held the budget carrier guilty of “deficient service and negligent behaviour” for the error which caused “mental harassment” to the passenger.
In view of the urgent need of the passenger (age not specified in the order), the airline had made an alternate booking- where the wrong ticket was issued- after his initial flight was cancelled due to bad weather.
The commission acknowledged that the flight cancellation was beyond the control of the airline, and the Air Traffic Control (ATC) had taken the decision in view of the passengers’ safety.
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It noted the airline had taken all the necessary efforts to provide an alternate ticket to the complainant,
However, the said ticket was incorrect and thereby the complainant suffered “monetarily and mentally”, it said.
The commission further stated the complainant also “acted negligently”.
“Had the complainant checked the ticket when it was issued, the mistake could have been rectified on the spot and the complainant could have saved himself from further hardship,” it said.
The complainant, a senior citizen residing in Ghatkopar area here, booked Spicejet tickets from Mumbai to Darbhanga for December 5, 2020, and a return journey two days later.
While the Mumbai to Darbhanga leg of the journey was completed, the return flight was cancelled due to bad weather.
The complaint said as he had to appear for a PhD online examination in Mumbai on December 8, 2020, he requested an alternate arrangement.
SpiceJet then provided an alternate ticket for travel from Patna to Kolkata and then Kolkata to Mumbai on the same day.
However, upon reaching Patna, airport authorities informed him that the issued tickets were incorrect, as the connecting flight from Kolkata to Mumbai was scheduled to depart before his arrival in Kolkata, the complaint claimed.
This error forced the complainant to book another flight for the following morning at his own expense, causing significant hardship, mental agony and financial loss.
In such a situation, he also missed his online examination due to delayed arrival in Mumbai, the complainant said.
Hence, the man approached the consumer panel, alleging deficiency in service and unfair trade practice on part of the airline.
He sought a refund of the fare amount of Rs 14,577 along with a compensation of Rs 2 lakh for mental agony and Rs 25,000 as the cost of litigation.
SpiceJet, in its defense, argued the flight cancellation was due to bad weather, an instance beyond its control, and its liability is limited as per the Carriage by Air Act, 1972.
The airline stated that an alternate flight was provided without additional charges and the full ticket amount had been refunded to the complainant through his booking agency.
The commission noted the flight cancellation was “beyond the control” of the airline.
It stressed that the flight cancellation had genuine reasons and the ATC took the decision in the interest of passenger safety.
The airline had taken all the necessary efforts to provide alternate tickets to the complainant. However, the said ticket was incorrect, it observed.
The opposite party (airline), after realising the mistake, reimbursed the complainant.
“Hence, the opposite party had taken suo motu efforts to cover the financial damage to the complainant,” the commission held.
It, however, underlined that the airline cannot escape from the negligent act of issuance of wrong ticket to the complainant.
“Hence, in our opinion, the opposite party is guilty of deficient service and negligent behaviour by issuing incorrect ticket, which threw the complainant in an unwarranted mental harassment,” the commission ruled.
It held that the complainant deserves to be compensated for the said mental agony as well as legal expenses.
Hence, the commission directed the airline pay the passenger Rs 25,000 as compensation for mental agony and Rs 5,000 for the litigation cost.
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