Consumer Forum Orders Kuwait Airways To Pay 10 Lakh Compensation To Traveller For Rerouting Flight And Failing To Provide Food And Amenities
Syed Nazarat Fatima
13 March 2025 11:15 AM
The District Consumer Disputes Redressal Commission Malappuram presided by Sri. Mohandasan, Smt. Preethi Sivaraman(Member) and Sri. Mohamed lsmayil.C.V(Member) held Kuwait Airways liable for deficiency in service for having chosen a different route without assigning any proper reasons and for failing to provide the food and other amenities that came along the tickets in Business class as purchased by the Complainants.
Facts of the Case
The Complainants booked tickets from Kuwait Airways through a travel agency from Cochin to Barcelona with a stopover at Kuwait Airport for 30.11.2023. They also booked the return tickets from the same Airline for 10.12.2023 at 14:05 hours from Madrid with a stopover at Kuwait Airport which was supposed to reach at Cochin Airport on 11.12.2023. As per the Complainants, the flight took off at 15:20 hours and instead of stopping over at the Kuwait Airport, it rerouted to Doha Airport and landed at 00:30 hours on 11.12.2023. The reason stated by the Opposite Party was bad weather, however, it was not explained as to why an undue delay was made in Doha Airport. The Complainants stated that the delay affected their return to Cochin and they suffered mental agony and hardships due to the delay. Moreover, the Complainants claimed that despite having booked tickets in Business Class, they were not provided food and other amenities by the Opposite Party. Furthermore, the Complainants were not given access to the business class lounge. As per the complainants, instead of being provided food, they were given coupons for QR 40, resulting in additional expenses. After spending more than 12 hours in Doha Airport, the flight finally landed in Kuwait Airport at 16.05 hours. The Complainants had to face more problems because the Aircraft from Kuwait Airport to Cochin had already departed. Subsequently, the Complainants were availed new boarding passes for the flight from Kuwait Airport to Cochin which was supposed to depart at 17:20 hours on 11.12.2023. However, after the Complainants boarded the plane, they were allegedly humiliated and asked to leave the Aircraft. The forceful eviction of the Complainants caused them further mental agony and distress. On the other hand, the Opposite Party claimed that the boarding passes were issued to the Complainants mistakenly. Finally, the Opposite party arranged seats for the Complainants in Emirates Airlines for Cochin via Dubai.
The Complainants sent a legal notice to the Opposite Party seeking compensation as they had spent Rs.4,81,960 for the tickets and Rs.25,000 for the food and other amenities but had to face problems including a long delay and lack of assistance from the Opposite Party. Moreover, even food and amenities were not provided to the Complainants. However, there was no response from the Opposite Party.
Therefore, the Complainants approached the District Commission seeking a compensation of Rs.1,90,00,000 as compensation for the sufferings of loss and hardship, Rs.4,83.,960 as the cost of air tickets along with a refund of Rs.25,000 for additional expenses.
The Commission did not accept the written version of the Opposite Party as it was not filed in time.
Findings of the Commission
The Commission perused the evidence produced by the Complainants and observed that the details of the flights were in line with what the Complainants had stated. It was observed that the main issue raised by the Complainants was the treatment they were given at the Doha Airport during the long 12 hour stay. While the Opposite Party argued against the allegations, the Bench observed that the same could not be accepted as no evidence was produced to back the arguments.
Relying on the available evidence, the Commission observed that the opposite party was deficient in services in relation to the complainants.
The Opposite Party had not assigned any reasons for the diversion and there was nothing to prove that the weather condition in Kuwait was bad. Furthermore, the Complainants were able to prove that they were forcefully evicted from the Aircraft after being issued boarding passes for the same.
The Commission accepted the contention of the Complainants that they were not provided food and other amenities as the evidence supported the claims of the Complainants. It was thus held by the Bench that the Opposite Party was deficient in services as the flight that was supposed to reach Cochin Airport on 11.12.2023 arrived with a delay of 24 hours.
The Commission cited the decision of the National Consumer Disputes Redressal Commission in Chairman and Managing Director lndian Airlines & 2 Ors V. C.V. Joseph & 3 Ors L(2024) CPJ 95 (NC) wherein it was stated that the opposite party airline could not unilatenally determine rules and guidelines giving unbridled powers/protection to the airiine Company to have the right to cancel, advance, reschedule, overfly, delay the commencement or continuance of the flight, alter the stopping place, change the aircraft or change the route without giving any reasons. It was also stated in the afore-mentioned judgment that the Airlines could not exercise such powers without incurring damages to affected persons.
Therefore, the Commission held that the Opposite was deficient in its services that caused consequential pain and suffering to the Complainants.
Accordingly, the Commission directed the Opposite Party to pay Rs. 10,00,000 to the Complainants as compensation for mental agony and inconvenience and Rs.10,000 as litigation expenses.
Case Title: Dr.N.M Mujeeb Rahman versus Kuwait airways
Advocates for the Complainants: T.P Abdul Jabbar Tirur & Ashiq.P, Tirur
Advocates for the Opposite Party: Adv.Suvarna, Adv.Manjeri