Burger and fries not enough’: Consumer Court Slams SpiceJet, Orders Rs 55,000 Payout For 14-Hour Flight Delay
A District Consumer Disputes Redressal Commission in Mumbai has pulled up SpiceJet for failing to provide proper facilities during a long flight delay and has ordered the airline to pay Rs 55,000 to a passenger. The order came after the Commission observed that a “single burger and fries” could not be considered an adequate arrangement for passengers stranded for more than 14 hours.
The Case That Sparked the Order
The passenger had booked a SpiceJet flight from Dubai to Mumbai on July 27, 2024. However, the flight was “inordinately delayed,” leaving travelers stranded for over half a day. According to the complaint, during this extensive delay, SpiceJet offered passengers only a “complimentary burger and fries.” The complainant argued that this violated the Directorate General of Civil Aviation (DGCA) guidelines, known as Civil Aviation Requirements (CAR), which make it mandatory for airlines to provide meals, refreshments, and accommodation depending on the length of the delay.
What the Commission Said
The District Consumer Disputes Redressal Commission (Mumbai Suburban), led by president Pradeep Kadu and member Gauri M. Kapse, passed the order last week. In its ruling, the Commission stated, “The delay was due to a technical glitch, and the airline cannot escape from its duty to look after its travelers till the flight gets ready and operational for further journey.”
The Commission also dismissed the airline’s claim that delays and cancellations are common in the travel sector. “Nor can the airline excuse itself by merely mentioning that rescheduling, cancellations, delays, etc. are normal in the travel sector,” it said.
It further stressed, “Adequate arrangements of meals, refreshments, and water and providing necessary relaxing areas are required in such a scenario. The travelers must be kept well informed. There is no denial of the fact that passengers were provided only one burger and fries for the entire delay of more than 14 hours.”
SpiceJet’s Defense
SpiceJet defended itself by saying the delay was caused by “operational and technical reasons” and was, therefore, beyond its control. The airline cited clauses in the Civil Aviation Requirements that exempt carriers from compensation in cases of “extraordinary circumstances,” which include technical glitches.
The airline also told the Commission that passengers were kept informed and that the complainant had boarded the rescheduled flight without protest.
Why the Defense Failed
The Commission was not convinced by SpiceJet’s arguments. It noted that airlines cannot simply rely on regulations to escape responsibility without proof. “If airlines take the defense that they took all reasonable steps, then it is to be proved and supported with flight logs, notices, and communications,” the Commission observed.
In this case, the Commission found that SpiceJet had “failed to bring evidence on record to support its claim that there is no deficiency in service.” It further said the airline had merely cited provisions of the Civil Aviation Requirements and the Carriage by Air Act but had not provided documents or records to justify its defense.
The Compensation Decision
The complainant had sought Rs 400,000 as compensation for the suffering, stress, inconvenience, and mental fatigue caused by the ordeal. However, the Commission did not accept this demand in full.
It stated, “There are no adequate and sufficient reasons for the complainant’s claim of a compensation of Rs 400,000 for suffering, stress, inconvenience, and mental and physical fatigue. The complainant has not produced any details or proofs of the list incurred for the purchase of food, etc.”
Taking into account the circumstances, the Commission decided the passenger was entitled to compensation of Rs 50,000 for expenses and mental agony. It also directed the airline to pay Rs 5,000 towards litigation costs, bringing the total compensation to Rs 55,000.
The ruling underlines the responsibility airlines have toward passengers during delays. While technical issues may be unavoidable at times, the Commission made it clear that providing just a “burger and fries” during a 14-hour delay is not enough. The decision also reinforces DGCA guidelines, reminding airlines that they must ensure proper meals, refreshments, and facilities for stranded travellers.
