2 flyers win claim against Air India

Hyderabad: The Hyderabad Consumer Court has ordered national carrier Air India to pay compensation to two passengers for not allowing them to board a flight though they had arrived on time at the airport. Hyderabad district consumer dispute redressal forum-3, gave the ruling based on a complaint filed by Mr J.P. Minda (40) and Mr Mayank Minda (18), both residents of Jyothi Colony in Secunderabad. The complainants had asked the forum to direct Air India to pay Rs 20,000 each towards compensation for subjecting them to inconvenience, losing a day’s schedule, loss of earnings, etc. and to pay Rs 10,000 each for mental agony and hardship and Rs 6,000 towards costs.

They said: “We had booked two tickets from Mumbai to Hyderabad for flight A1 615 scheduled to depart at 6:15 am and arrive at 7:30 am on January 22, 2015. We reached the counter in time to check-in but we were denied boarding. Air India intentionally and negligently issued many tickets over the capacity of the flight.” Air India later accommodated the complainants on a later flight that departed at 10:30 am on the same day. The complainants alleged that they were made to wait without at the airport for about five and a half hours and were not provided with any room/refreshment etc.

They said they suffered losses as they missed their class and suffered mental agony too. Air Indian in its counter said, “The complainants reported to the check-in counter at 5:38 am whereas the counter closed at 5:30 am, i.e. 45 minutes before departure as per the guidelines of the Directorate General of Civil Aviation. The scheduled aircraft had developed a technical snag at the last minute. However, the airlines immediately pressed another aircraft into service. All other passengers reported for the flight well within the counter closing time and were accepted and accommodated on the flight. Apart from the complainants, two other passengers who had reported late, after the counters had closed, were not accepted.”

Air India said, :The duty manager had arranged for refreshments at a snack bar to the four passengers including the complainants. Flight A1 617 was delayed by only 41 minutes”. The forum observed, “Evidence shows that the complainants had reached the counter in time. When the complainants had valid tickets and reached the counter on time, the opposite parties should have allowed them to board flight AI 615 flight though the opposite party contends that the said flight had developed a technical snag at the last minute. Denying them boarding amounts to deficiency in service. “We are of the view that justice will be met if Rs 20,000 is awarded towards compensation and Rs 2,000 towards costs.”

Tour operators penalised:

The Chittoor district consumer forum-2 at Tirupati has ordered tour operators Cox and Kings to pay Rs 2 lakh towards compensation and expenses to a Tirupati based chartered accountant who  complained over deficiency of service.

The complainant, Mr P. Sudarsanam Naidu (45) a resident of Tirupati, who had booked “American Splendours with Canada & Bahamas Cruise Summer Tour” for 24 days and 23 nights by paying Rs 3.6 lakh, got the relief from the forum.
The petitioner had alleged that the tour operator, saying that he had not got a Canada visa, had left him at the US side of the Niagara Falls for five days and he had to live on his own expenses.

The forum refused to accept the claim of Cox and Kings that the complainant had been informed about this before the tour started saying there was no evidence of communication presented.

Mr Naidu said that Cox and Kings did not inform him of the Canada visa refusal before  booking date causing mental agony and monetary loss. Cox and Kings meanwhile claimed that the Canada and Bahamas cruise was a free trip in addition to the US tour. “The tour cost collected from the complainant did not include the cost of these excursions.” The forum found that not only had the tour operator failed to produce evidence of communication but had also collected '3.6 lakh and it amounted to unfair trade practice.