Broken Seats, Unhygienic Washrooms, Poor Food: Delhi Consumer Court Directs Air India To Pay ₹1.5 Lakh Compensation
Pranav B Prem
The District Consumer Disputes Redressal Commission–VI, New Delhi, has directed Air India to pay a total compensation of ₹1.5 lakh to a passenger and his daughter for deficiency in service during a long-haul international flight, citing broken seats, non-functional in-flight entertainment systems, unhygienic washrooms, poor food quality and lack of adequate response from the cabin crew. The order was passed by a coram comprising District Consumer Disputes Redressal Commission–VI, New Delhi President Poonam Chaudhry and Member Shekhar Chandra in a complaint filed by Shailendra Bhatnagar, who had travelled with his daughter on Air India’s Delhi–New York–Delhi flights in September 2023.
The complainant had booked economy class tickets through MakeMyTrip for travel on Air India flight AI-101 from Delhi to New York on 6 September 2023 and AI-102 for the return journey on 13 September 2023. The total ticket cost was ₹2.73 lakh, with an additional ₹45,000 paid for change of travel date, taking the overall expenditure to ₹3.18 lakh.
Alleging serious lapses in service, the complainant stated that both he and his daughter had a “worst travel experience” due to the deplorable condition of the aircraft. It was alleged that the seats were broken and uncomfortable, seat controls and call buttons were non-functional, in-flight entertainment screens did not work, washrooms were unhygienic and foul-smelling, food and beverages were of poor quality, and the cabin crew failed to address repeated complaints. Photographs showing the condition of the seats were placed on record.
The complainant also asserted that despite sending a detailed legal notice to the airline in November 2023, Air India neither responded nor offered any satisfactory explanation or remedy. On these grounds, he sought a full refund of ₹3.18 lakh along with compensation of ₹10 lakh for mental agony and harassment.
Air India denied the allegations, contending that the aircraft had undergone routine pre-departure checks and was cleared for operation. The airline claimed that the complainant and his daughter had sought an upgrade to business class, which could not be granted due to non-availability of seats, and suggested that the complaints arose only after the upgrade request was declined. It further asserted that the cabin crew had provided assistance and alternative amenities during the flight.
MakeMyTrip, which was also arrayed as an opposite party, argued that its role was limited to facilitating ticket booking and that it had no control over flight operations or onboard services. It contended that there was no deficiency in service on its part, as the tickets were duly booked and confirmed.
After examining the pleadings and evidence, the Commission held that under the Consumer Protection Act, 2019, an airline is a “service provider” and a passenger who has paid for air travel is a “consumer”. It observed that failure to provide mandatory facilities, as required under DGCA norms, amounts to deficiency in service. The Commission noted that Air India had given only a vague response to the specific allegations relating to seat condition, hygiene, in-flight systems and food quality.
The Commission also drew an adverse inference from the airline’s failure to respond to the legal notice sent by the complainant. It observed that if there had been no fault in the services, the airline would have “reacted sharply” to the allegations at the notice stage. This silence, according to the Commission, significantly weakened Air India’s defence.
However, the Commission declined the complainant’s request for refund of the ticket amount, holding that since the passengers had completed the journey and availed the service, compensation rather than refund was the appropriate remedy. It also dismissed all claims against MakeMyTrip, finding no deficiency in service on the part of the booking platform. Accordingly, the Commission directed Air India to pay ₹50,000 each to the complainant and his daughter towards compensation for mental agony and harassment, along with ₹50,000 as litigation expenses, totalling ₹1.5 lakh. The complaint was disposed of with these directions.
Cause Title: Shailendra Bhatnagar V.Air India & Anr.
Case No: CC/446/2023
Coram: Ms. PoonamChaudhry, President Mr. Shekhar Chandra, Member
