Mumbai: A District Consumer Disputes Redressal Commission has directed SpiceJet to pay Rs 55,000 to a passenger after observing that a “single burger and fries” were “inadequate arrangement” for a 14-hour flight delay.
The District Consumer Disputes Redressal Commission (Mumbai Suburban) under president Pradeep Kadu and member Gauri M Kapse passed the order last week, details of which were made available on Monday.
The Commission noted that the delay was “due to technical glitch” and the airlines “cannot escape from its duty to look after its travellers till the flight gets ready and operational for further journey”.
Nor can the airlines excuse itself by merely mentioning that re-schedulement, cancellations and delays etc. are normal in the travel sector, the commission added.
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“Adequate arrangements of meals, refreshments, water and providing necessary relaxing area are required in such a scenario. The travellers must be kept well informed. There is no denial of the fact that passengers were provided only one burger and fries for the entire delay of more than 14 hours,” it said.
As the airline failed to bring the facts related to deficiency in service, there is sufficient reason to believe the arrangements made by it were inadequate, the commission concluded.
The complainant had booked a SpiceJet flight from Dubai to Mumbai for July 27, 2024, which was “inordinately delayed”.
As per the complaint, SpiceJet failed to provide adequate facilities during the extensive delay, offering only a single serving of a “complimentary burger and fries”, which he argued was a violation of Directorate General of Civil Aviation (DGCA) guidelines, specifically Civil Aviation Requirements (CAR).
These guidelines stipulate that airlines must provide passengers with meals and refreshments based on the waiting time, and hotel accommodations when necessary, for delays of a certain duration, the complainant said.
SpiceJet, on the other hand, contended the delay was due to “operational and technical reasons” and was, therefore, beyond the airline’s control. It also cited clauses in the CAR that exempt carriers from compensation in cases of “extraordinary circumstances” like technical glitches.
The airline also submitted that passengers were informed of the delay and that the complainant boarded the rescheduled flight without protest.
After hearing both sides, the commission held that if airlines take the defence that they took all reasonable steps, then it is to be proved and supported with flight logs, notices, communications.
However, the order highlighted that in the present case, it merely relied on the provisions of CAR and Carriage by Air Act, adding the airline failed to bring evidence on record to support its claim that “there is no deficiency in service”.
However, the commission also said there are “no adequate and sufficient reasons” for the complainant’s claim of a compensation of Rs 4,00,000 for suffering, stress inconvenience, mental and physical fatigue.
The complainant has not produced any details and proofs of list incurred for the purchase of food etc, it said.
Considering the facts of the case, the commission ruled that the passenger was entitled for compensation of Rs 50,000 on account of expenses incurred and mental agony. It also directed the airlines to pay the complainant Rs 5000 as litigation cost.
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