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The Economic Times
The Economic Times
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Kerala man wins over Rs 1 lakh from Air India after 9-year legal battle over missed Saudi flight

A Kerala consumer commission has directed Air India to pay Rs 1.36 lakh in compensation to a man who was stranded overnight at Mumbai airport after a delayed domestic flight caused him to miss his onward international connection, according to a report by Onmanorama. The order brings to an end a nine-year legal battle initiated by the passenger over the 2017 incident.

The District Consumer Disputes Redressal Commission, Thiruvananthapuram, held Air India liable for deficiency in service in its July 15 order. The commission directed the airline to pay Rs 83,000 towards the passenger's financial losses, Rs 50,000 for mental agony and Rs 3,000 as litigation costs, taking the total compensation to Rs 1.36 lakh.

Kapildev, who received the compensation last week, had approached the commission after alleging that the airline failed to assist him when he missed his connecting flight to Saudi Arabia.

Also Read: Air India Phuket-Delhi flight suffers sudden 300-foot altitude loss, several passengers injured

Flight delay led to missed international connection

Kapildev, a 42-year-old driver employed in Saudi Arabia, had travelled to Kerala in June 2017 to visit his family. On September 10, he was scheduled to return to Saudi Arabia on an Air India itinerary that included a Thiruvananthapuram-Mumbai flight before his onward international journey.

However, the domestic flight was delayed by more than two hours, causing him to miss his connecting flight. With no suitable alternative available, he purchased a last-minute ticket on another airline for nearly Rs 49,000.

According to Kapildev, he also lost around Rs 34,000 spent on the unused Mumbai-Saudi Arabia segment of his original booking, taking his total financial loss to about Rs 83,000.

He further alleged that Air India neither arranged food nor accommodation, leaving him stranded overnight at Mumbai airport.

Family filed consumer complaint

After returning to work in Saudi Arabia, Kapildev and his family decided to pursue legal action. His wife, Shiji, consulted advocate Manoj Sreedhar, who advised that they had grounds to file a complaint.

Shiji subsequently approached the District Consumer Disputes Redressal Commission, Thiruvananthapuram, naming Air India's Chairman and Managing Director, Director (Operations), and the station managers at Thiruvananthapuram as respondents. The complaint sought compensation for the financial losses and mental distress caused by the flight delay.

Recalling the incident, Kapildev told Onmanorama that by the time he reached Mumbai, his flight to Saudi Arabia had already departed. He said he was stranded at the airport and had to wait while arranging funds for a replacement ticket, which was eventually purchased through a travel agency in Saudi Arabia.

Air India defended its actions

Air India denied any deficiency in service and argued that the complaint lacked legal and factual merit.

The airline stated that the Thiruvananthapuram-Mumbai flight, originally scheduled to depart at 8.15 pm on September 10, 2017, eventually took off at 11.21 pm because the incoming aircraft from Mumbai had been delayed.

It also told the commission that its call centre had made multiple attempts to inform Kapildev about the revised departure time. While initial attempts were unsuccessful, the airline said he was contacted at 6.07 pm. It further claimed that refreshments were provided to affected passengers.

Air India also submitted that its Mumbai airport manager had tried to secure Kapildev a seat on a Riyadh-bound flight departing at 12.30 pm the following day, but no seats were available. The airline maintained that hotel accommodation had also been offered.

Also Read: Tata AIG rejects stolen bike's insurance claim over delayed FIR: Court says police delay can't cost a policyholder his compensation; orders insurer to pay over Rs 2 lakh

Commission rejects airline's defence

The consumer commission rejected Air India's defence and held the airline responsible for deficiency in service. It subsequently ordered the airline to compensate Kapildev for his financial losses, mental agony and litigation expenses, bringing the prolonged legal dispute to a close.

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