Airline told to pay Panchkula resident ₹10,000

British Airways has been directed to pay a compensation of ₹10,000 on account of violation of Civil Aviation Requirements

The District Consumer Disputes Redressal Commission (DCDRC), Panchkula, has held a travel agent and airlines deficient in services for failing to inform a Panchkula resident about the rescheduling of flights owing to the closure of airspace by Pakistan.

British Airways submitted that a change was required in the scheduled itinerary of Khurana on account of the closure of airspace by Pakistan, which was a circumstance beyond the control of the airlines.

“As per provisions of Civil Aviation Requirements Section 3- Air Transport issued from the office of Director General of Civil Aviation, New Delhi, the airlines was duty bound to inform the complainant qua the rescheduling of the air journey,” ruled DCDRC, Panchkula, on July 14, while holding British Airways deficient in rendering services to Pawan Khurana, a resident of Sector 17, Panchkula.

British Airways has been directed to pay a compensation of ₹10,000 on account of violation of Civil Aviation Requirements.

Disposing of the complaint filed by Khurana, the commission directed travel agent —Travelgarh, Sector 9, Panchkula — to pay ₹25,000 as compensation on account of mental agony and harassment, along with ₹5,500 as cost of litigation, apart from refunding ₹24,000 with 9% interest.

DCDRC said, “Travelgarh being a travel agent and engaged in tour/travel related services cannot be supposed to be unaware about the decision of the Pakistan qua extension of the ban w.e.f. May 31, 2019, to June 15, 2019, for the use of its air space. Thus, Travelgarh cannot claim any kind of exoneration in any manner from its basic duty to inform the consumer qua the re-scheduling of the air journey.”

“We have no hesitation to mention here that the whole planning of the complainant to spend the period in Canada with his family members had got spoiled due to the inaction, lapses and deficiencies on the part of Travelgarh,” read the order.

Khurana, who works as deputy manager at State Bank of India, was sanctioned leave fare concession (LFC) by the bank from June 12, 2019, to June 29, 2019, and accordingly, he had planned his visit to Calgary, Canada, along with another domestic tour, upon return, from New Delhi to Chennai. He got return tickets booked through Travelgarh, Sector 9, Panchkula, for himself and his family members from New Delhi to Calgary (Canada) and also from New Delhi to Chennai. He paid ₹5 lakh on May 25, 2019.

His flight was scheduled on June 17, 2019, at 10 am from New Delhi to Calgary (Canada), with a layover of three hours at Heathrow Airport, London. Khurana said he was neither informed by the travel agent nor the airlines about the re-scheduling of the air journey.

Alternative routes were proposed: travel agent

While seeking dismissal of the complaint, Travelgarh termed it as frivolous, baseless and meritless. They submitted that the flight was rescheduled by British Airways on account of air space restrictions. Several alternative routes were proposed to Khurana, but the same were not acceptable to him.

Flight rescheduled as Pak airspace was closed: British Airways

While seeking dismissal of the complaint, British Airways submitted that a change was required in the scheduled itinerary of Khurana on account of the closure of airspace by Pakistan, which was a circumstance beyond the control of the airlines. The airlines denied that they were in any manner liable to inform the complainant directly, particularly in view of the fact that the contact details updated in the booking were that of the travel agent.