August 16, 2019

Jet Airways Penalized For Not Informing Passengers Regarding Re-scheduling of Flight by NCDRC

[ by Legal Era News Network ]


The National Consumer Disputes Redressal Commission (NCDRC) directed Jet Airways to pay a fine of Rs. 1 lakh to one its passengers for failing to inform regarding the re-schedule of its flight.

The complainant, Dr. Akash Lalwani, a doctor by profession had booked an air-ticket from Raipur to Kolkata to appear for an examination. The ticket was booked through M/s Yahoo Tours and Travels. However, the flight was combined with another flight and it left more than 10 hours before the scheduled time of departure, recorded in the ticket issued to the complainant.

Aggrieved, he approached the concerned District Forum by way of a consumer complaint claiming compensation under several heads, aggregating to Rs.11,38,432/-. The complaint was contested by both Jet Airways India Ltd. and Yahoo Tour and Travels. Jet Airways India Ltd. stated that the flight was combined for commercial reasons and was duly intimated to Yatra Online Pvt. Ltd. but it had failed to inform the complainant regarding the flight re-schedule. Yahoo Tours and Travels contended that it was the Airline’s duty to inform the complainant regarding change in the time of the flight.

The District Forum allowed the complaint against both Jet Airways India Ltd. as well as Yahoo Tour and Travels. The District Forum directed them to refund the amount of Rs.38,432. Compensation quantified at Rs.11 lakhs was awarded to the complainant.

Aggrieved by the order of the District Forum, Jet Airways and Yahoo Tours and Travels filed an appeal with the State Commission. The State Commission modified the order passed by the District Forum by reducing the compensation to Rs.1 lakh but maintained the direction for payment of Rs.38,432/- with interest.

Still aggrieved by the order of the State Commission, Jet Airways and Yahoo Tours and Travels appealed further to the National Consumer Disputes Redressal Commission (NCDRC), New Delhi.

The NCDRC ruled that Yahoo Tour and Travels could not be said to be deficient in rendering services to the complainant merely because the ticket was booked through agency. However, Jet Airways India Ltd. did not intimate the re-scheduling of the flight and was therefore deficient in rendering services to the complainant.

Full View Judgement

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