SpiceJet suffers heavy loss for issuing wrong ticket; directed to pay Rs 25,000 compensation to passenger

A Mumbai consumer commission has found that SpiceJet's issuance of the incorrect ticket while rerouting a senior citizen's journey in 2020 proved to be financially and mentally damaging. The commission directed the airline to pay Rs 25,000 in compensation to the passenger. The District Consumer Disputes Redressal Commission, Mumbai (Suburban), in an order passed on June 17, held the budget carrier guilty of deficient service and negligent behavior, which caused mental harassment for the passenger.

Considering the passenger's urgent needs, the airline made an alternate booking after canceling his initial flight due to bad weather, during which a wrong ticket was issued. The commission acknowledged that the flight cancellation was beyond the airline's control, as Air Traffic Control (ATC) made this decision with the safety of passengers in mind.

The commission stated that the airline had made all necessary efforts to provide an alternate ticket to the complainant. However, the issued ticket was incorrect, causing financial and mental suffering for the complainant. Additionally, the commission noted that the complainant acted negligently; if he had verified the ticket at the time of issuance, the mistake could have been corrected immediately, saving him further trouble.

The complainant, a senior citizen residing in the Ghatkopar area, had booked SpiceJet tickets for December 5, 2020, from Mumbai to Darbhanga, with a return journey scheduled two days later. He completed his journey from Mumbai to Darbhanga, but the return flight was canceled due to bad weather. As he was scheduled to appear for his PhD online examination in Mumbai on December 8, 2020, he requested alternate arrangements.

SpiceJet then provided alternate tickets for travel from Patna to Kolkata and then from Kolkata to Mumbai on the same day. However, upon reaching Patna, the airport authorities informed him that the issued tickets were incorrect, as the connecting flight from Kolkata to Mumbai was scheduled to depart before his arrival in Kolkata. As a result, the complainant had to book another flight for the next morning at his own expense, causing him significant hardship, mental anguish, and financial loss.

Due to these complications, he also missed his online examination because of delays in getting back to Mumbai. Consequently, he approached the consumer panel, alleging deficient service and unfair trade practices on the part of the airline. He sought a refund of the fare amounting to Rs 14,577, along with Rs 2 lakh for mental anguish and Rs 25,000 for litigation costs.

In its defense, SpiceJet argued that the flight cancellation was due to bad weather, which was beyond its control, and thus its liability is limited under the Carriage by Air Act, 1972. The airline asserted that an alternate flight was provided at no additional charge and that the complainant was refunded the full ticket amount through his booking agency.

The commission stated in its judgment that while the airline had made all necessary efforts to provide an alternate ticket, the ticket issued was incorrect. The opposite party (airline) reimbursed the complainant after realizing the mistake. "The opposite party had made its own efforts to compensate the financial loss suffered by the complainant," the commission said. However, it also stated that the airline cannot evade responsibility for the negligent act of issuing the wrong ticket to the complainant.

The commission ruled, "In our opinion, the opposite party is guilty of deficiency in service and negligence by issuing the wrong ticket, which caused mental harassment to the complainant. The complainant should be compensated for mental agony as well as legal expenses." The commission, therefore, directed the airline to pay Rs 25,000 to the passenger for mental anguish and Rs 5,000 toward litigation costs.