21 hrs ago
Mumbai Consumer Commission Orders SpiceJet Refund and Compensation
A passenger booked a SpiceJet flight from Mumbai to Hyderabad in 2016.
The flight was changed to leave two hours earlier than planned.
The passenger said the airline only sent an SMS, which he saw too late.
When he arrived at the airport, the plane had already left.
He bought another ticket for ₹4,290 for the next day.
He then asked for his unused ticket money back and for compensation.
A Mumbai consumer commission agreed that SpiceJet had not shown it gave enough advance notice.
It ordered SpiceJet to refund ₹1,614 and pay ₹10,000 in additional amounts.
SpiceJet said it had sent the SMS and could not call every passenger personally.
The Mumbai Suburban consumer commission ordered SpiceJet to refund ₹1,614 for an unused ticket.
The commission also awarded ₹5,000 each for litigation costs and mental harassment.
Dr D.P. Kasbekar’s December 30, 2016 flight was moved two hours earlier, from 10:45 p.m. to 8:45 p.m.
Kasbekar said he received only an SMS, read it late, and reached the airport around 8 p.m. after the flight had departed.
SpiceJet argued that the SMS was sufficient and that it could not individually call every passenger about schedule changes.
- Who
- Dr D.P. Kasbekar and SpiceJet; the case was decided by the District Consumer Disputes Redressal Commission, Mumbai Suburban.
- What
- The commission ordered SpiceJet to refund ₹1,614 and pay ₹10,000 for litigation costs and mental harassment.
- Where
- The flight was scheduled from Mumbai to Hyderabad, and the case was decided in Mumbai.
- When
- The flight was scheduled for December 30, 2016; the commission’s order was reported on September 22, 2026, after about nine years.
- Why
- The commission found that SpiceJet had not provided sufficient advance information about the revised departure time, while SpiceJet said it had sent an SMS.
Passenger and Commission
SpiceJet
Adequacy of notice
Passenger and Commission
Kasbekar said the schedule change was communicated only by SMS, which he read too late, and the commission found no evidence showing when the message was delivered or that sufficient time was provided.
SpiceJet
SpiceJet argued that the passenger had received the SMS and that it was not feasible to call every passenger individually about schedule changes.
Airline responsibility
Passenger and Commission
The commission held that the airline had a responsibility to provide sufficient advance information and cited Directorate General of Civil Aviation rules placing the burden of proving notification on the operating airline.
SpiceJet
SpiceJet relied on its terms of carriage and sought dismissal of the complaint.
Key facts
- Airline
- SpiceJet
- Flight
- SG-703, Mumbai to Hyderabad
- Original departure
- 10:45 p.m. on December 30, 2016
- Revised departure
- 8:45 p.m., two hours earlier
- Ticket refund
- ₹1,614
- Additional compensation
- ₹5,000 for litigation costs and ₹5,000 for mental harassment
- Replacement ticket
- ₹4,290 for a flight the following day
Quotes
Mumbai Suburban District Consumer Disputes Redressal Commission
Consumer commission issuing the order against SpiceJet
“The opposite party’s deficiency and unfairness with respect to providing sufficient advance information for reschedule of said flight. Due to this infirmity, the complainant has to purchase a new ticket for another flight amounting to Rs.4290/-. The complainant has produced a copy of invoice for purchase of a new ticket of another flight, therefore, the complainant has proved his entitlement for compensation for mental agony and harassment.”
freepressjournal.in
Sources
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