In a significant ruling upholding air passenger rights, the District Consumer Disputes Redressal Commission (DCDRC) in Srinagar has directed airline SpiceJet to pay a total of ₹62,078 to an elderly Hajj pilgrim and his wife. The couple was unlawfully denied boarding on a flight from Delhi to Srinagar, despite possessing valid tickets and completing all check-in procedures.
The Incident: Denied Boarding Post-Hajj
The complaint was filed by Ghulam Nabi Fafoo, a resident of Srinagar, on behalf of himself and his wife, Raja Begum. The couple was returning from their Hajj pilgrimage on July 8, 2024. Their son had booked SpiceJet tickets for a flight scheduled to depart from Delhi at 6:45 PM, arriving in Srinagar at 8:20 PM.
According to Fafoo, they arrived at New Delhi airport well in advance, successfully completed check-in, received their boarding passes, and checked their luggage. They proceeded to the boarding gate, expecting to board their flight. However, when boarding commenced, they were inexplicably prevented from entering the aircraft. Fafoo stated that the airline staff offered no explanation for the refusal.
The couple alleged that their boarding passes were subsequently cancelled, their luggage returned, and other passengers were accommodated in their place. Stranded at the airport with no available flights to Srinagar, they were forced to spend the night. The following morning, they had to purchase new tickets on an IndiGo flight at a higher cost of ₹13,450 to reach their destination.
Commission's Verdict and Compensation
Ghulam Nabi Fafoo subsequently approached the consumer commission, seeking a refund for their original tickets and compensation for the distress and financial loss incurred. SpiceJet, despite being served notice, failed to appear before the commission or file a written response, leading the case to proceed based solely on the complainant's evidence.
The bench, comprising President Dr. Farah Deeba and Member Ms. Shabnum Munshi, found SpiceJet guilty of a clear deficiency in service and unfair trade practice. The commission noted the airline's failure to contest the complaint demonstrated an “arrogance” that compounded the mental pain, agony, harassment, and financial loss suffered by the couple.
The DCDRC ordered SpiceJet to pay:
- A refund of ₹10,078 for the original tickets.
- Compensation of ₹50,000 for mental agony, harassment, and financial loss.
- ₹2,000 towards litigation costs.
The commission further stipulated that if SpiceJet fails to remit the total amount within 45 days, the refund and compensation will accrue interest at a rate of 12% per annum from the date of default.