Summary of this article
NCDRC has upheld refund and Rs 20 lakh compensation for passenger.
Defective business class seat caused discomfort during 15-hour Air India flight.
Both Air India and passenger appeals have been dismissed by NCDRC.
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, has upheld an order directing Air India to refund the full airfare of a senior citizen and pay him Rs 20 lakh as compensation after he was made to travel on a defective business class seat during a 15-hour flight from San Francisco to New Delhi.
Case Reached the National Consumer Commission
The case was filed by Justice Rajesh Chandra, 73, from Meerut, Uttar Pradesh, who approached the consumer forum alleging a deficiency in service by the airline.
Justice Chandra and his wife had originally booked economy class tickets for their Delhi to San Francisco trip and return journey, paying about Rs 1.8 lakh each. Owing to his long-standing medical conditions, including cervical spondylosis and sciatica, he upgraded both tickets to business class by paying an additional Rs 1.23 lakh per ticket.
During his return journey on September 22, 2022, Chandra was allotted seat 08D in business class. According to the complaint, the seat did not recline, making it difficult for him to travel comfortably on the long-haul flight.
Court Found Deficiency In Service
Justice Chandra informed the cabin crew about the problem and requested another seat. However, the airline maintained that no seats were available in business or first class. He completed the journey on the same seat and later underwent medical treatment, including medication, physiotherapy and bed rest after reaching Delhi.
After receiving no response to his complaint to the government authorities, he moved to the Uttar Pradesh State Consumer Disputes Redressal Commission.
Air India argued that its records did not show any defective seat or complaint during the flight. The airline also argued that Chandra's medical issues were pre-existing and could not be linked to the journey.
In January 2024, the UP State Consumer Commission ruled that Air India had failed to provide the services for which the passenger paid. It directed the airline to refund the airfare, pay Rs 20 lakh as compensation and Rs 20,000 towards litigation costs.
Both Appeals Dismissed
Justice Chandra appealed before the NCDRC seeking higher compensation, while Air India challenged the finding of deficiency in service.
The NCDRC held that the complaint clearly related to a deficiency in service because the airline failed to provide a functioning business class seat despite charging an upgrade fee. The commission also observed that the grievance had been supported by documentary material.
The commission concluded that the compensation awarded by the state commission was fair and proportionate to the hardship suffered. It dismissed both appeals and affirmed the earlier order in full.
