A Consumer Forum in Delhi has directed Air India to pay a compensation of Rs 1. 5 lakh to a passenger and his daughter for deficient service during a Delhi-New York international flight. The complaint was filed by Shailendra Bhatnagar and his daughter, citing a broken seat, malfunctioning in-flight entertainment systems, unhygienic washrooms, and poor food service.

The forum, comprising President Poonam Chaudhry and Member Shekhar Chandra, stated that if an airline fails to provide mandatory facilities under DGCA rules, such as food, water, AC, communication, accommodation, or information about delay/cancellation, it amounts to “deficiency in service. ” This decision was made in the January 14 order.

The complainant, Shailendra Bhatnagar, and his daughter travelled from Delhi to New York on September 6, 2023, and returned on September 13, 2023. They faced a long 15-hour journey and sent a legal notice to Air India on November 1, 2023. However, the airline did not respond to the notice.

The legal notice included all the allegations made in the present complaint but Air India maintained silence. The forum questioned why the airline had given a vague response to the complaint, which included serious allegations about poor facilities and services.

Under the Consumer Protection Act, 2019, an airline is considered a “service provider,” and a passenger who has paid for a ticket is a “consumer. ” In such cases, the passenger can claim for a refund and/or compensation. In this case, the complainant was entitled to compensation for mental agony and harassment due to the lack of facilities, despite paying a considerable amount to Air India.

The consumer forum has directed Air India to pay Rs 50,000 each to the complainant and his daughter as compensation, along with Rs 50,000 as litigation expenses. However, the forum did not grant a refund for the ticket amount as it had already been used.

The background of the case reveals that Bhatnagar and his daughter travelled on Air India’s Delhi-New York-Delhi route in September 2023, flying economy class on flights AI-101 and AI-102. The tickets were booked through MakeMyTrip, and the total cost of travel, including charges for changing travel dates, was approximately Rs 3. 18 lakh.

According to the complaint, the 15-hour journey was marred by several lapses, including broken and uncomfortable seats, non-functional seat controls and call buttons, inoperative entertainment screens, foul odour inside the aircraft, and unhygienic washrooms. The complainant also alleged that they were served poor quality food and beverages, and there was a lack of response from the cabin crew despite repeated complaints.

Bhatnagar argued that these facilities were an integral part of the service for which a considerable amount had been charged.