In a significant judgment highlighting accountability in passenger rights, the Himachal Pradesh State Consumer Commission has directed Air India and Alliance Air to pay a total of ₹52,500 as compensation after Dr. Subramanian Swamy missed a scheduled flight to Shimla in 2019. The ruling sheds light on deficiencies in airline communication and the rights of passengers when faced with negligence.
📌 Case Background
- Date of Incident: October 19, 2019
- Event: Dr. Swamy was scheduled to deliver a lecture on nationalism at Himachal Pradesh University, Shimla.
- Flight Details: AI-9803, Delhi to Shimla.
- Issue: Swamy reached Delhi airport at 7:50 am, the scheduled time, but the flight had already left an hour earlier without prior notice.
⚖️ Commission’s Observations
- The commission, led by Justice Inder Singh Mehta and Partap Singh Thakur, ruled that failure to properly inform passengers of schedule changes amounted to negligence and deficiency in service.
- Refund of ₹2,500 ticket price with 9% annual interest from the date of complaint.
- ₹25,000 compensation for harassment and mental agony.
- ₹25,000 litigation costs awarded.
- Airlines given 45 days to comply.
✈️ Airline’s Defence
Air India and Alliance Air argued:
- Flight time was advanced to 6:15 am on October 9, 2019.
- Passengers, including Swamy, were allegedly informed via phone.
- Calls went unanswered, and no email ID was available to notify further.
The Commission rejected this defence, stating that the communication process was inadequate and caused loss to Swamy and event organizers.
👥 Impact on Event
- Swamy’s absence led to disruption of the Himachal Pradesh University program.
- Complainant Rohit Bhagwat alleged a loss of ₹2 lakh, though this was not admitted due to lack of proof.
🔎 Why This Matters
- Reinforces the responsibility of airlines to ensure passengers are duly informed of schedule changes.
- Sets a precedent for consumer rights in India against negligent service providers.
- Highlights the growing role of consumer commissions in protecting ordinary citizens and even public figures.
FAQs
Q1: What compensation did Air India have to pay?
₹52,500 total (₹2,500 refund + ₹50,000 for harassment & litigation).
Q2: Why did Subramanian Swamy miss his Shimla flight?
The flight was preponed by an hour, but Swamy wasn’t properly informed.
Q3: Who filed the complaint?
Rohit Bhagwat of Kangra, who had booked Swamy’s ticket.
Q4: What did the Commission say about the airline’s defence?
It ruled that insufficient communication amounted to negligence.
Q5: What broader lesson does this case show?
Airlines must ensure transparent and effective communication with passengers to avoid service deficiency claims.
