NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

CONSUMER COMPALAINT NO. 17 OF 2007

AJAY KAILA & ORS.

........ Complainant (s)

Vs.

 

AIR INDIA LTD. & ORS.

........ Opposite party(s)

BEFORE:

 

               HON'BLE MR. JUSTICE M. B. SHAH, PRESIDENT

               HON’BLE MRS. RAJYALAKSHMI RAO, MEMBER              

 

For the Petitioner                    :    Mr. Rajiv Talwar, Advocate 

For the Opposite party                :   Mr. Chetan Sharma, Sr. Advocate with

                                                       Mr. Arvind Kumar, Advocate for R-1

                                                       Mr. U. A. RAna, Adv. for R-2

Dated the 23rd day of July, 2008

 

ORDER

          This complaint is filed by Mr. Ajay Kaila & others contending that the complainant along with his family members travelled from New Delhi to Dubai by Air India Flight and suffered ordeal on their return from Dubai to New Delhi.  It is contended that the opposite party, M/s Air India Limited, is an International Airline boasting of its high quality service, reputation, etc.  It is also governed by INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA).  Opposite party no. 3, Director General Civil Aviation of Government of India, is a statutory body whose functions include laying down standards and implementation with regard, inter alia, to airworthiness, safety and operation of aircraft etc.  It is the say of the complainant that he along with his family boarded flight no. AI-0746 from Dubai to New Delhi on 2nd January, 2007.  The time for departure was 1700 Hours.  For this purpose, the complainants were required to leave their hotel from Dubai  at 1530 Hours.  After reaching the Airport the complainants found that the departure time of the flight was 2030 Hours.  They reached the Airport and checked out at the counter at Dubai Airport and were shocked to note that the flight was further delayed by 3 hours.  Thereafter, the flight took 5 hours for landing at Mumbai Airport instead of Delhi Airport whereas a normal flight takes 3 hours to reach Delhi from Dubai.

          At the Mumbai Airport, the complainants and all other passengers were kept waiting endlessly in the lounge for more than 24 hours without any sleep, rest and proper meals.  No personnel of opposite party No. 1 cared to intimate the reason and/or the cause of piecemeal extension.  The complainants have also raised other contentions in this complaint.  They claimed a compensation of Rs.4,80,000/- for each passenger.

          Before deciding the other issues, we directed the opposite party No. 1 to produce the relevant Guidelines regarding the Flight Irregularities prescribed by M/s Air India Limited.

          Relevant part of the Guidelines is as under:

“Chapter 8      FLIGHT IRREGULARITIES

8.2  a)      DELAYED FLIGHT

       When a delay is known before the originating passengers proceed to the airport, Reservations Office should be immediately informed to enable them inform the passengers the extent of delay and the ETD.  In case passengers cannot be contacted to reach the airport for the STD, ensure that:

1.          they are kept periodically informed of delay and the ETD

2.          they are given refreshments

3.          passengers’ onward reservations/HOTAC and other messages are dispatched promptly.

4.          if the extent of delay permits, passengers should be provided with hotel accommodation.

5.          meal services are reviewed taking into consideration the “stomach time”

of transit passengers and when they have had their last meal.

6.          a delayed flight is dispatched in a manner that it does not cause any inconvenience to passengers due to lack of food.

7.          reasonable communication expenses of the passengers necessitated by the delay will be absorbed. (one international call of 3 minutes duration and 5 local calls per passenger/family)

 

When a delay necessitates deplaning of passengers, ensure:

Disembarkation is by means of transit cards and proper count at reboarding.

In case of a night stop or change of aircraft type, fresh boarding cards are issued and the old boarding cards are retrieved.

In case of delay at an originating or enroute station, special care and attention will be paid to cargo and mail on board.  Cargo needing special attention will be checked and necessary steps taken to ensure that they are in proper condition.

8.2 b)      Flights departing ahead of schedule

1.    passengers will be informed in advance by reservations staff

       2.      every effort will be made to ensure passenger comfort

     3.         meal schedules must be maintained on ground and inflight depending upon the departure time.

(c) Flights Overflying Scheduled Stops

                 When an airport of a scheduled stop is closed due weather/strikes etc., the Commander may decide to overfly and land at the next scheduled stop, in which case passengers must be advised of the overflying preferably before boarding the aircraft and passengers, baggage, mail and cargo will be offloaded and returned by the first available flight or by the quickes means of transport to the stopover station.  Passengers will also be provided assistance in making alternate bookings and hotel accommodation and messages may be sent on their behalf.

d)         Rerouted or Diverted flights

…………..

       In the event of an aircraft being diverted to a non-designated airport, the Commander will be responsible for making arrangements to look after passengers, baggage, cargo and mails.

8.2 e)  Cancelled Flights

 ………..

       Major Delays

       For handling of Major Delays, refer to Product Enhancement Tool, Section 13, Chapter 2, Page 13-27

       A Major Delay Report must be forwarded to the Commercial Director and Traffic Services Division.”

 

and paragraph 7 of 8.2 which reads as under:

       ”Passenger Service :

a)    Resume of delay notification to passengers on ground/in the aircraft.

b)    were the passengers kept on the aircraft/Transit Lounge/Hotels

c)   Refreshments/ Meals provided:

       Time and Type of service provided

d)          Message facilities  …. Delay Cards handed over to the passengers

Messages on behalf of passengers   :

Message for onward reservations     :

e)          Action taken re : UNMs, Invalids, CIPs, VIPs

f) Hotels :

i)                         When were the passengers taken to the hotels and were they escorted?

ii)                      How long they remained there?

iii)                    Arrangements regarding meals and passenger briefing re flight.

g)          Passenger reaction/complaints

h)          Transfer of passengers and other loads

i) General Comments.”

 

These Regulations, which are for the benefit of the passengers, are required to be implemented and made known to the public at large.

In this view of the matter, opposite party No. 1, M/s Air India Ltd., is directed to place the aforesaid Regulations at a prominent place at every airport in the country from where it operates.  Secondly, it shall publish the Summary of these Regulations in one or two paragraphs in “The Times of India” within a period of three weeks from today.

          Ld. Counsel appearing on behalf of the complainant tenders affidavits of 4 other passengers who travelled by the same flight.  The same are taken on record.  Copy thereof be supplied to the Ld. counsel for the Opposite Parties.

          Stand over to 22.8.08 for directions.

 

…………………………J

(M.B. SHAH)

PRESIDENT

 

 

…………………………..

(RAJYALAKSHMI RAO)

MEMBER

Asha/7