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Lack Of Timely Communication For Rescheduled Flight, Bangalore District Commission Holds Go Airlines Liable
Smita Singh
17 Jun 2024 5:18 PM IST
The District Consumer Disputes Redressal Commission, Bangalore (Karnataka) bench of M Shobha (President) and K Anita Shivakumar (Member) held Go Airlines liable for deficiency in services due to the sudden change in flight schedule by the airline and the lack of timely communication, which caused a honeymoon couple to miss pre-booked activities and incur additional...
The District Consumer Disputes Redressal Commission, Bangalore (Karnataka) bench of M Shobha (President) and K Anita Shivakumar (Member) held Go Airlines liable for deficiency in services due to the sudden change in flight schedule by the airline and the lack of timely communication, which caused a honeymoon couple to miss pre-booked activities and incur additional costs.
Brief Facts:
The Complainants, a husband and a wife were married in Bangalore. Due to the onset of the COVID-19 pandemic in 2020, they were unable to plan their honeymoon immediately. However, observing a slowdown in COVID-19 cases and the enforcement of safety norms, they decided to organize their honeymoon at Havelock Island, Port Blair, Andaman, India. They booked their flights and a romantic resort package at a high cost. They paid Rs. 25,232/- for a round trip between Bangalore and Port Blair. Their departure was scheduled for February 12, 2022, on Indigo Airlines, arriving in Port Blair at 12:30 hours, with the return flight on February 19, 2022, on Go Air, arriving in Bangalore at 16:25 hours. They booked their stay from February 12 to February 19, 2022, which included a drive from the airport to the ferry terminal in Port Blair and a ferry to their resort on Havelock Island.
The Complainants also booked premium activities such as an open water scuba diving course and other related activities at the Barefoot Scuba Resort on Havelock Island. Understanding the risks of flying soon after scuba diving, they planned their stay from February 16 to February 19, 2022, and paid an additional Rs. 60,180/- for these days. During their stay at Barefoot Resort, they received an email from the airline rescheduling their return flight to an earlier time on February 19, 2022. This message was received less than 24 hours before the new departure time. The Complainants contacted the airline to reschedule their flight, preferably to February 20, 2022, to avoid disrupting their planned activities and avoid financial loss. However, they could not reach the airline's customer service for assistance.
Due to the rescheduling, the Complainants missed a day of their honeymoon and had to make alternative arrangements in Port Blair while incurring additional costs of Rs. 3,168/- for ferry bookings and a pre-booked spa and snorkelling session worth Rs. 15,000/-. The Complainants expressed their grievance through email to the airline but received only an apology without any compensation or solution. Feeling aggrieved, the Complainants approached the District Consumer Disputes Redressal Commission, Bangalore, Karnataka (“District Commission”) and filed a consumer complaint against Go Airlines.
Go Airlines didn't appear before the District Commission for proceedings.
Observations by the District Commission:
The District Commission noted that Go Airlines rescheduled the return flight from Port Blair to Bangalore to an earlier time on February 19, 2022. This change was communicated via email on February 18, 2022, less than 24 hours before the new departure time. The District Commission noted that the Complainants planned their honeymoon at Havelock Island after being unable to do so earlier due to the COVID-19 pandemic. It noted that the sudden change in flight schedule by the airline and the lack of timely communication caused the Complainants to miss pre-booked activities and incur additional costs. Despite their efforts to reach the airline for assistance, it noted that Go Airlines didn't offer any alternative arrangements or compensation.
The District Commission held that the airline should not have charged additional fees and should have made arrangements for customers preferring to travel on alternative dates. Furthermore, the airline should have waived rebooking and convenience fees and provided a full refund in the original mode of payment. It held that the airline's failure to provide alternative arrangements or refund the booking charges, despite rescheduling the flight with less than 24 hours' notice, constituted a deficiency in service and negligence.
Consequently, the District Commission directed Go Airlines to refund Rs. 54,724/-, covering the additional costs incurred by the Complainants for their return journey. Additionally, the airline was directed to pay Rs. 20,000/- as compensation for mental agony and disappointment and Rs. 10,000/- for litigation expenses incurred by them.
Case Title: Mr. Tanuj Pratish Batavia and Anr. vs M/s. Go Airlines (India) Limited
Case Number: CC/87/2023