Non-Functional Lavatories, Defective Business Class Facilities: Delhi Consumer Commission Holds Air India Liable For Deficiency In Service
Pranav B Prem
District Consumer Disputes Redressal Commission-VI (New Delhi) has held Air India liable for deficiency in service after a Business Class passenger complained of substandard facilities during an international flight, including non-functional lavatories, defective entertainment systems, and a broken tray table. The Commission partly allowed the complaint and directed the airline to pay compensation and litigation costs. The complaint was filed by Jhanvi Sharma under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service by Air India.
The complainant had booked a Business Class ticket on Air India Flight No. A10174 from San Francisco to Delhi scheduled for 28 February 2024. The ticket cost about ₹2.49 lakh and was booked through Expedia. According to the complaint, she faced multiple problems throughout the journey. The order records that “all the lavatories including First Class, of the Aircraft were dysfunctional for most of the duration of the flight” and towards the end, only two lavatories in the economy section were operational for more than 200 passengers, and were in poor condition.
The in-flight electronics and entertainment systems were also not working, the privacy screens were dysfunctional, and the tray table at her seat was old, rusty, and broken, making it difficult to place items on it. The life-jacket covers inside the seat dividers were also broken. The complainant raised the issues through an email dated 1 March 2024. In response, Air India admitted its deficiency in providing Business Class services and offered ₹10,000 as compensation.
After a legal notice dated 26 March 2024, the airline again admitted the lapse and increased the compensation offer to ₹15,000, which the complainant refused. She then approached the Commission seeking refund of the ticket amount, compensation for mental agony, and litigation expenses. Notice was issued to Air India, which entered appearance but failed to file its written statement within the statutory period. Consequently, its defence was struck off.
The Commission observed that under the Consumer Protection Act, an airline is a service provider and a passenger who has paid for a ticket is a consumer. It held that if an airline fails to provide facilities mandated under DGCA rules or the services for which a passenger has paid, it amounts to deficiency in service.
Considering the facts of the case, the Commission found that the complainant had paid a substantial amount for a Business Class ticket but was not provided the expected facilities. It also noted that the airline had admitted its failure to meet Business Class standards in its communications with the complainant. The Commission concluded that the lapses caused mental agony and harassment to the complainant.
Accordingly, the Commission partly allowed the complaint and directed Air India to pay ₹50,000 as compensation for mental agony and harassment and ₹50,000 towards litigation expenses. However, it declined to order refund of the ticket fare, observing that the complainant had already availed the journey.
Cause Title: Jhanvi Sharma vs Air India
Case No: CC/153/2024
Coram: Poonam Chaudhry (President) Shekhar Chandra (Member)
