A consumer commission in Delhi has directed an airline to reimburse a passenger who was forced to purchase another ticket after being denied check-in for a rescheduled flight. The carrier has also been ordered to pay him Rs 50,000 in compensation and Rs 5,000 as litigation costs, The Indian Express reported.
The dispute relates to a Delhi-Bengaluru flight booked for February 3, 2019. The passenger was travelling to Bengaluru to take up a new assignment at the beginning of his career, according to the report.
The matter was heard by Delhi District Consumer Disputes Redressal Commission president Divya Jyoti Jaipuriar and members Harpreet Kaur Charya and Ashwani Kumar Mehta. The commission issued its order on August 31.
Departure pushed back by three hours
The flight was initially due to depart Delhi at 1 pm. On the day of the journey, the airline informed the passenger by email that operational reasons had forced it to move the departure to 4 pm, The Indian Express reported.
The passenger said he planned his arrival at the airport around the revised schedule and reached within the permitted check-in window. The airline nevertheless refused to let him check in, allegedly telling him that he was late and that the remaining passengers had already checked in.
With his travel plans disrupted, the man purchased a ticket on another flight for Rs 12,713. He also paid Rs 334 in hotel expenses, according to the report.
The airline denied any lapse on its part and maintained that the passenger knew the check-in and boarding rules but failed to reach the counter before the deadline. The carrier attributed the situation to his negligence and alleged that the consumer complaint had been filed with a “bad motive”.
It also told the commission that the passenger had been offered another flight on payment of the applicable re-accommodation fee. According to the airline, he chose not to accept that option.
Airline failed to substantiate its claim
However, the commission found that the carrier had not placed sufficient evidence on record to show that the passenger reported late. While the airline produced a passenger list, it did not provide the corresponding check-in timings, The Indian Express reported.
The bench said the airline could have produced its system records or CCTV footage to establish when the check-in counter closed and when the complainant arrived. Its failure to submit those records weakened its defence.
The commission also observed that an airline must exercise greater care when it changes a flight’s schedule. Having postponed the departure, the carrier was expected to make reasonable provisions for passengers reporting on the basis of the revised timing, it said.
“The act of denying check-in without justification, after rescheduling the flight, and then failing to produce relevant records amounts to gross deficiency in service, negligence and unfair trade practice under the provisions of the Consumer Protection Act,” the commission added, according to The Indian Express.
The bench further noted that the incident caused the passenger distress and inconvenience as he was travelling to begin a new professional assignment. It held the airline responsible for the mental agony and harassment he experienced.
The commission ordered the carrier to reimburse Rs 12,713 for the replacement air ticket and Rs 334 for the hotel expense. In addition, it directed the airline to pay Rs 50,000 as compensation for mental agony, inconvenience and harassment, as well as Rs 5,000 towards the cost of pursuing the case.