Consumer Forum Orders Kuwait Airways To Pay 10 Lakh Compensation To Traveller For Rerouting Flight
Pranav B Prem
The Consumer Disputes Redressal Commission of Malappuram District has directed Kuwait Airways to pay ₹10,00,000 as compensation for mental agony and inconvenience, and ₹10,000 as litigation costs to passengers who were rerouted without proper reason and denied services promised under their executive class tickets. The Commission, chaired by Sri. Mohandasan (President), along with members Smt. Preethi Sivaraman and Sri. Mohamed Ismayil C.V., held that Kuwait Airways was deficient in service by choosing a different route without assigning proper reason and by not providing food and other comforts that were part of the executive class services purchased by the complainants.
Facts of the Case
The complainants had booked executive class tickets on Kuwait Airways through a travel agency from Cochin to Barcelona for November 30, 2023, with a halt at Kuwait airport. Return tickets were also booked for December 10, 2023, departing Madrid at 2:05 PM, with a stopover at Kuwait before landing in Cochin on December 11, 2023.
However, the flight took off at 3:20 PM and, instead of landing at Kuwait, was diverted to Doha, where it landed at 12:30 AM on December 11. The airline claimed bad weather in Kuwait but failed to explain the extended delay at Doha. The passengers alleged that despite paying for executive class, no proper food or comforts were provided. Instead, they were issued food coupons worth QR 40 and denied access to the executive lounge.
The ordeal continued as the passengers remained at Doha airport for over 12 hours. When they finally reached Kuwait at 4:05 PM, they missed the connecting flight to Cochin. Boarding passes were issued for the next flight at 5:20 PM, but the complainants were later deboarded and allegedly humiliated in the process. Kuwait Airways claimed that the boarding passes had been issued by mistake. Eventually, the complainants were sent to Cochin via Emirates through Dubai.
The complainants had spent ₹4,81,960 on tickets and an additional ₹25,000 for food and related expenses. After receiving no response to their legal notice seeking redressal, they approached the Commission seeking ₹1,90,00,000 in compensation, ₹4,81,960 towards ticket costs, and reimbursement of ₹25,000.
Findings of the Commission
The Commission took note of the unchallenged evidence provided by the complainants, as Kuwait Airways failed to file its written version in time. Relying on the affidavits and documentation submitted by the complainants, the Commission found that the airline had not justified the deviation of the flight. It stated: "The opposite party has not assigned any reasons for such diversion and there is nothing on record to prove that the climatic condition at Kuwait airport was bad."
On the prolonged halt at Doha airport, the Commission remarked: "The main grievance raised by the complainants is about the treatment meted out to them at Doha airport where they had to stay more than 12 hours. Though the opposite party has a case that all the averments in the complaint are false, this Commission is not inclined to accept the same as there is no evidence to support their case." It further observed: "The complainants have produced sufficient materials to show that they were provided boarding passes from Kuwait to Cochin. It is also proved that they were deboarded forcefully from the aircraft which caused mental agony and humiliation to the complainants."
Regarding the lack of executive class services, the Commission stated: "The complainants have produced sufficient materials to show that they were not provided food and other comforts."
The Commission found Kuwait Airways deficient in service for both failing to provide promised amenities and for the 24-hour delay in reaching Cochin. The forum also cited a precedent from the National Consumer Disputes Redressal Commission: Chairman and Managing Director Indian Airlines & Ors. v. C.V. Joseph & Ors. [(2024) CPJ 95 (NC)], in which it was held that “guidelines giving unbridled powers/protection to the airline company to have the right to cancel, advance, reschedule, overfly, delay the start or continue of the flight, alter the place, change the air... cannot be exercised without compensating the affected persons.”
Verdict
The Commission concluded that Kuwait Airways was deficient in its services, and ordered: "The opposite party is directed to pay ₹10,00,000 to the complainants as compensation for the mental agony and inconvenience caused to them and also to pay ₹10,000 as litigation expenses. The above amount shall be paid within a period of one month from the date of this order."
Appearance
For the complainants: Advs. T.P.AbdulJabbar, Ashiq.P
For the Oppposite Party: Adv. Suvarna.A.P
Cause Title: Dr. N.M. Mujeeb Rahman & Anr. V. Kuwait Airways
Case No: C.C No.483/2024
Coram: Sri. Mohandasan. K [President], Smt. Preethi Sivaraman.C [Member], Sri. Mohamed lsmayil.C.V [Member]
[Read/Download order]
