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Kerala man wins 9-year case against Air India over missed flight, gets ₹1.36 lakh
A Kerala man has won a nine-year legal battle against Air India, with the airline now being ordered to pay him ₹1.36 lakh.
A Kerala man has won a nine-year legal battle against Air India, with the airline now being ordered to pay him ₹1.36 lakh. The District Consumer Disputes Redressal Commission, Thiruvananthapuram, ordered Air India to pay ₹1.36 lakh as compensation to Kapildev, who was left stranded at Mumbai airport overnight after a delayed Air India flight.
Some context on the case
Kapildev, a 42-year-old driver employed in Saudi Arabia, had returned to Kerala in June 2017 to meet his family. He was due to fly back on September 10, with an Air India itinerary that included a flight from Thiruvananthapuram to Mumbai before his onward journey to Saudi Arabia, according to an Onmanorama report.
Things did not go as planned. The flight from Thiruvananthapuram was delayed by over two hours, causing him to miss his connecting international flight. As there were no suitable alternative arrangements, he had to purchase a last-minute ticket with another airline, spending nearly ₹49,000.
The experience stayed with him long after he resumed work in Saudi Arabia. For his family, the unexpected expense was only one part of the ordeal. Finding ₹49,000 at short notice had placed them under considerable financial strain, and they believed the airline had failed to assist them despite their repeated requests for help.
After reflecting on what they had endured, the family decided to pursue the matter instead of letting it pass.
Kerala man’s lawsuit against Air India
Kapildev’s wife, Shiji, approached advocate Manoj Sreedhar for legal advice. After listening to her, Sreedhar concluded that the family had grounds for legal action.
Acting on his advice, Shiji filed a complaint before the District Consumer Disputes Redressal Commission, Thiruvananthapuram, against Air India. Her complaint named the airline's Chairman and Managing Director, Director (Operations), and the station managers at Thiruvananthapuram as respondents.
The lawsuit demanded compensation for the financial loss and mental agony caused by the flight delay.
“When I reached Mumbai, my flight to Saudi had already departed. I was completely stranded and didn't know what to do,” Kapildev told Onmanorama.
“There was only a business-class seat available on the next day's Saudi Airlines flight. I didn't have enough money to buy the ticket. I spent the entire day at the airport while trying to arrange another ticket,” he recalled.
Kapildev's family ultimately managed to arrange nearly ₹49,000 through a travel agency in Saudi Arabia, which purchased a replacement ticket for him. Coupled with the roughly ₹34,000 he had already spent on the unused Mumbai-Saudi Arabia leg of his original journey, the total financial setback amounted to about ₹83,000.
The Kerala man also claimed that Air India did not offer him food or accommodation, leaving him stranded overnight at Mumbai airport.
Air India contested complaint
In its response to the commission, Air India denied any lapse in service and maintained that the complaint had no legal or factual basis. The airline explained that the Thiruvananthapuram-Mumbai flight, originally scheduled to depart at 8.15 pm on September 10, 2017, took off at 11.21 pm because the incoming aircraft from Mumbai had arrived behind schedule.
According to the airline, its call centre made several attempts to notify Kapildev about the revised departure time. While his phone could not be reached initially, it said he was successfully contacted at 6.07 pm. Air India also stated that passengers affected by the delay were provided refreshments.
It further told the commission that its Mumbai airport manager had tried to secure Kapildev a seat on a flight to Riyadh departing at 12.30 pm the next day, but none were available. The airline added that it had offered him hotel accommodation as well.
The commission, however, rejected this defense and held Air India liable for deficiency in service.
In its July 15 order, the commission instructed Air India to pay Kapildev a total of ₹1.36 lakh. The amount included ₹83,000 to cover his financial losses, ₹50,000 as compensation for the mental distress he suffered, and ₹3,000 towards litigation expenses.
Kapildev said he received the money last week.
