Consumer forum fines airline for grounding flyers

MUMBAI: Throwing its weight behind fliers who face severe hardship at the hands of airlines who cancel flights and leave them stranded without an alternative, the consumer forum recently ruled in favour of two such families. The forum observed that an airline is answerable to passengers if its failure to take proper steps at the right time leads to the cancellation of a flight.
The families—Juhu residents the Doiphodes and the Alwanis from Pune—were left to fend for themselves after their Jetlite flight to the city from Delhi was cancelled, citing technical reasons. When the complainants requested Jetlite to prove them with an alternate to travel to Mumbai, the airline refused. The families had to purchase tickets on the same day for which they had to shell out a total of Rs 51,492. The families filed a complaint in the Mumbai Suburban District Consumer Complaints Redressal Forum on January 23, 2009.
The airlines contested the complaint, saying the flight was cancelled due to technical reasons. The airline further claimed that it was not liable to refund the passengers for the air tickets as the reasons for the cancellation were beyond its control. it was not liable to refund the amount of air-tickets. For this the airline relied upon the condition printed at the overleaf of the air-ticket to that stated that the airline was entitled to cancel, advance, reschedule, or delay any flight without assigning any reason and without thereby incurring any liability.
The forum, however, pointed out that it was necessary on the airline's part to explain and support the same with some cogent documentary evidence that the flight was cancelled for the reasons beyond its control. In the absence of this, the forum found Jetlite guilty of deficiency of service. Accordingly, Jetlite was asked to refund to the families the cost of their tickets (Rs 21,471) with a 12 % interest from January 2009. In addition, the families were also awarded a compensation Rs 1 lakh and Rs 10,000 towards costs.
The two families V M Doiphode, Kamal, Pooja, Kiran, Prashant ,Vikas, and G Alwani and V G Alwani had purchased their tickets on a flight scheduled to depart at 9.55 am on June 7, 2008 from Delhi to Mumbai. The families were returning to the city after a holiday in Leh Ladakh. While purchasing the air-tickets, Doiphodes had paid total airfare of Rs 21162 while the Alwanis had paid Rs 9669. According to the two families, when they reached the airport at Delhi on the scheduled date at 8.30 am they were informed that the flight was cancelled.
When the complainants requested the Jetlite for an alternate accommodation for traveling to Mumbai, the airline flatly refused. This forced them to purchase tickets on the same day for which they had to shell out a total amount of Rs 51492.Even though the airline made an attempt to refund the amount for the original tickets it fell short by Rs 21471. This prompted the families to file a complaint in the Mumbai Suburban District Consumer Complaints Redressal Forum on January 23, 2009. In their complaint the family told the forum that Pooja was handicapped. They also took the stand that the airline staff at the Delhi Airport was arrogant and no sympathy was shown by the staff.