Jalandhar consumer forum pulls up Air India over damaged seat

Holding that an airline cannot compromise on passenger comfort after charging extra for seat selection, the District Consumer Disputes Redressal Commission, Jalandhar, has directed Air India to pay Rs 35,000 to a passenger who was forced to undertake nearly 16-hour international flight on a damaged seat.

The commission ordered the airline to pay Rs 25,000 as compensation for the inconvenience, discomfort and mental harassment suffered by the passenger, besides Rs 10,000 towards litigation expenses. It directed Air India to make the payment within 45 days, failing which the amount will carry interest at the rate of 9 per cent per annum from the date of the order.

The complaint was filed by Jalandhar resident Anil Kumar Malhotra, who had booked a return ticket from San Francisco to Amritsar in April 2024. He told the commission that he had paid an additional $50 to reserve his preferred seat, but was allotted a broken seat with inadequate cushioning on the San Francisco-Delhi flight.

Malhotra alleged that despite informing the cabin crew about the damaged seat and his medical issues, including back problems and claustrophobia, no effective assistance was provided. He claimed he was compelled to remain on the defective seat throughout the journey, causing severe physical discomfort, back pain and mental agony.

After returning to India, Malhotra lodged a complaint with the airline and pursued the matter through email correspondence. Air India, however, denied the allegations, maintaining that the seat was fully functional and that the complainant had declined an offer to shift to another seat. It also argued that no complaint regarding a defective seat was recorded in the cabin log maintained for the flight.

However, the commission observed that Air India's own email correspondence has apologised and offered compensation to the passenger for inconvenience. The commission noted that if was no lapse, then airline would have had no reason to repeatedly apologise and offer compensation.

While rejecting Malhotra's claim of Rs 15 lakh in damages for want of medical evidence, the commission held that he had nevertheless suffered avoidable inconvenience, discomfort and mental harassment during the nearly 16-hour international journey.

Observing that a passenger who pays extra for seat selection is entitled to the promised level of comfort. Hence, the commission found Air India guilty of deficiency in service, directing it to pay Rs 25,000 as compensation and Rs 10,000 towards litigation expenses within 45 days, failing which the amount shall carry interest at the rate of 9 per cent per annum from the date of the order.