‘PASSENGER CAN’T BE LEFT REMEDILESS’: STATE COMMISSION ENHANCES DAMAGES TO RS 1 LAKH

Holding that passengers cannot be left without remedy due to internal arrangements between an airline and a travel agent, the State Consumer Disputes Redressal Commission has held Air India Limited and Alhind Tours and Travels Private Limited jointly liable for deficiency in service for failing to inform a Chandigarh resident about cancellation of his international flight.

Partly allowing the appeal filed by a Chandigarh resident, the commission enhanced the compensation awarded to the complainant to Rs 1 lakh for mental agony and harassment.

The case arose from a consumer complaint filed by Sohil Bhasin, a resident of Chandigarh. According to the complaint, Bhasin was approached by a firm, Sky Bright LLC, Sharjah (UAE) to provide consultancy services and was required to attend a meeting on May 21, 2022, for which he was to receive professional fee of AED 20,000.

To reach Sharjah in time for the meeting, Bhasin booked an air ticket, dated May 20, 2022, from New Delhi to Sharjah on a flight operated by Air India Limited through Alhind Tours and Travels of New Delhi. The total ticket cost was AED 510.

Bhasin stated that he reached Delhi Airport well in time for the flight. However, upon arrival, he came to know that the flight scheduled for May 20, 2022, had been cancelled. According to the record, no prior intimation of cancellation had been given to him.

He was thereafter compelled to purchase another ticket for May 21, 2022, by paying an additional amount of AED 270 after adjustment of the earlier fare. Due to the delayed arrival, the complainant alleged that he could not effectively attend the scheduled meeting and claimed to have suffered loss of professional fee as well as refund of advance received.

Alleging deficiency in service and unfair trade practice on account of non-intimation of cancellation and charging of additional fare, he filed a consumer complaint before the District Consumer Disputes Redressal Commission.

The District Commission, while dismissing the plea against the airlines, directed the travel firm Alhind Tours and Travels to refund Rs 6,075 (AED 270) to the complainant, being the difference of amount charged from him for booking another air ticket. It also directed the travel firm to pay Rs 30,000 as compensation for mental agony and harassment and Rs 35,000 as cost of litigation.

Aggrieved by the order, Bhasin filed an appeal before the State Commission, arguing that the District Commission erred in awarding only Rs 30,000 as compensation which was wholly disproportionate to the inconvenience, harassment and professional embarrassment suffered by him.

He submitted that he had booked the international flight well in advance for a time-bound professional engagement in Sharjah and had reached the airport punctually, but the sudden cancellation of the flight without any prior intimation caused not merely inconvenience but complete disruption of his professional schedule.

Bhasin argued that the District Commission erred in exonerating the airlines as the cancellation admittedly originated from the airlines. According to him, the airlines had the primary responsibility to operate the flight and to communicate cancellation to passengers and it could not absolve itself by shifting the burden upon the travel agent.

On the other hand, the respondents, Air India Limited through Alhind Tours and Travels of New Delhi, submitted that the order passed by the District Commission needed to be set aside.

After hearing the matter, the commission observed, “The inconvenience, uncertainty and anxiety suffered by the complainant in such circumstances cannot be minimised. International travel for professional commitments is inherently time-bound. In matters of flight cancellation, the obligation to inform the passenger cannot be compartmentalised in a manner so as to absolve one at the cost of the other.”

The commission further observed, “The airlines, being the carrier, is primarily responsible for operating the flight and communicating cancellations. The agent, having issued the ticket and received consideration, equally owes a duty of care to ensure that the passenger is informed. The consumer cannot be left remediless due to internal arrangements between the airlines and the agent. In such circumstances, both are jointly and severally liable for the deficiency in service arising out of non-intimation of cancellation.”

The commission also noted that both the airlines and the booking agent are part of the same chain of service in the contract of carriage and both entities have access to complete passenger details, including contact information and booking particulars.

Modifying the order of the District Commission, the State Commission held Air India Limited and Alhind Tours and Travels Private Limited jointly and severally liable. It directed them to refund Rs 6,075 (AED 270) to the appellant Bhasin, being the difference of amount charged for booking another air ticket, along with interest at 9 per cent per annum from December 20, 2022 -- the date of institution of the consumer complaint.

The commission also enhanced the compensation for mental agony and harassment from Rs 30,000 to Rs 1 lakh and directed payment of Rs 35,000 as litigation costs.

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2026-03-15T19:00:07Z