SpiceJet in a recent development got ordered by the District Consumer Disputes Redressal Commission to pay Rs 55,000 to a passenger after observing that a “single burger and fries” were an “inadequate arrangement” for a 14-hour flight delay.
How Did This Happen?
Under president Pradeep Kadu and member Gauri M Kapse, the District Consumer Disputes Redressal Commission (Mumbai Suburban) passed the order last week.
Its details were made available on Monday.
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” noted by the Commission.
The airlines cannot excuse itself by merely mentioning re-schedulement, cancellations and delays etc. as these hurdles are normal in the travel sector, the commission said.
Further adding, “Adequate arrangements of meals, refreshments, water and providing necessary relaxing areas 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 appears that the airline failed to bring the facts related to the deficiency in service.
The commission concluded that there is sufficient reason to believe the arrangements made by it were inadequate.
It all started when the complainant booked a SpiceJet flight from Dubai to Mumbai for July 27, 2024, which was “inordinately delayed”.
Moving ahead, SpiceJet failed to provide adequate facilities during the extensive delay.
Extraordinary Circumstances Or Avoidance
They have offered only a single serving of a “complimentary burger and fries”, which the complainant argued was a violation of Directorate General of Civil Aviation (DGCA) guidelines, specifically Civil Aviation Requirements (CAR) as per the complaint.
Basically, these guidelines stipulate that airlines must provide passengers with meals and refreshments based on the waiting time.
They also need to provide hotel accommodations when necessary, for delays of a certain duration, according to the DGCA guidelines.
SpiceJet, on the other hand, contended the delay was due to “operational and technical reasons” and was, therefore, beyond the airline’s control.
The airline cited clauses in the CAR that exempt carriers from compensation in cases of “extraordinary circumstances” like technical glitches.
Besides this, the airline submitted that passengers were informed of the delay and that the complainant boarded the rescheduled flight without protest.
After listening to 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, and communications.
Moreover, the order highlighted that the airline 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” in the present case.
Although, 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, said the commission.
It appears that the complainant has not produced any details and proofs of the list incurred for the purchase of food etc, the commission noted.
Moreover, the commission ruled that the passenger was entitled for compensation of Rs 50,000 on account of expenses incurred and mental agony, after considering the facts of the case.
Besides this, the airline was also directed to pay the complainant Rs 5,000 as litigation cost.
