Panchkula District Commission Holds GoIbibo & Aeroflot Airlines Liable For Failure To Inform Flight Rescheduling, Provide Vegetarian Meal

Brief Facts:

Mr. Anshul Sharma (“Complainant”) booked air tickets for a journey with Aeroflot Airlines through the website www.goibibo.com, operated by Ibibo Group (“Goibibo”). The Complainant began his journey from Panchkula, Haryana only to discover upon reaching IGI Airport in Delhi that the flight had been cancelled weeks before the departure and he wasn't informed either by Aeroflot Airlines or Ibibo. Despite urgent work at the destination, the Complainant was compelled to accept alternative flights with longer routes and layovers, resulting in financial losses due to non-refundable hotel and car rental bookings. The change in plans also incurred additional expenses for food and phone calls, with the Complainant's original route from Delhi to Moscow to Los Angeles to Las Vegas altered to Delhi to Moscow to New York to Las Vegas. During the journey with Aeroflot Airlines through an alternate flight, he requested vegetarian food, which he had already specified at the time of booking. However, he was served a non-vegetarian meal by the airline. The Complainant made several attempts to rectify the situation through the Goibibo app but he was surprised to note there was an erroneous cancellation of the return flight, necessitating further requests for correction. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Panchkula (“District Commission”) and filed a consumer complaint against GoIbibo and Aeroflot Airlines.

GoIbibo didn't appear before the District Commission for proceedings. Therefore, it was proceeded against ex-parte. Aeroflot Airlines argued that the rescheduling of the flight was due to the closure of Pakistan Air Space which was beyond its control. The airline contended that it informed GoIbibo about the rescheduling, as no contact information was provided by the Complainant during the booking. It asserted that the Complainant was offered a refund and an alternative flight and the Complainant voluntarily opted for the latter due to urgent work.

Observations by the District Commission:

The District Commission noted that Aeroflot Airlines, through its affidavit and PNR history, convincingly demonstrated that it conveyed information about the cancellation of the scheduled flight to GoIbibo. Therefore, it held that the duty to promptly inform the Complainant about the cancellation rested with GoIbibo, the travel agent, upon receiving such information from the airline. Therefore, it held GoIbibo liable for negligence and deficiency in services for failing to inform the Complainant about the cancellation despite being notified by the airlines.

Regarding the contention of Aeroflot Airlines that it lacked the contact number or email ID of the complainant, the District Commission emphasized that information about the traveller, including contact details, is routinely forwarded to airlines by either the travel agent or the traveller directly. Therefore, it held Aeroflot Airlines liable for negligence for not fulfilling its duty to inform the Complainant about the cancellation and rescheduling of the flight.

Addressing the Complainant's grievance regarding the non-serving of vegetarian food during the air journey, the District Commission held that the Complainant clearly stated his request for vegetarian food to Aeroflot Airlines. Despite the communication, Aeroflot Airlines failed to provide the requested food.

Therefore, the District Commission held both GoIbibo and Aeroflot Airlines liable for negligence and deficiency in services. Consequently, it directed them to pay Rs. 10,000/- to the Complainant for mental agony and harassment and Rs. 5,500/- as litigation charges incurred by him.