SpiceJet asked to pay Rs 25,000 compensation to passenger for issuing wrong ticket
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Mumbai (PTI): A consumer commission here has held that a senior citizen suffered "monetarily and mentally" after SpiceJet issued incorrect tickets while rerouting his journey in 2020, and directed the airline to pay a compensation of Rs 25,000 to the passenger.
The District Consumer Disputes Redressal Commission, Mumbai (Suburban), in the order passed on June 17, held the budget carrier guilty of "deficient service and negligent behaviour" for the error which caused "mental harassment" to the passenger.
In view of the urgent need of the passenger (age not specified in the order), the airline had made an alternate booking- where the wrong ticket was issued- after his initial flight was cancelled due to bad weather.
The commission acknowledged that the flight cancellation was beyond the control of the airline, and the Air Traffic Control (ATC) had taken the decision in view of the passengers' safety.
It noted the airline had taken all the necessary efforts to provide an alternate ticket to the complainant,
However, the said ticket was incorrect and thereby the complainant suffered "monetarily and mentally", it said.
The commission further stated the complainant also "acted negligently".
"Had the complainant checked the ticket when it was issued, the mistake could have been rectified on the spot and the complainant could have saved himself from further hardship," it said.
The complainant, a senior citizen residing in Ghatkopar area here, booked Spicejet tickets from Mumbai to Darbhanga for December 5, 2020, and a return journey two days later.
While the Mumbai to Darbhanga leg of the journey was completed, the return flight was cancelled due to bad weather.
The complaint said as he had to appear for a PhD online examination in Mumbai on December 8, 2020, he requested an alternate arrangement.
SpiceJet then provided an alternate ticket for travel from Patna to Kolkata and then Kolkata to Mumbai on the same day.
However, upon reaching Patna, 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, the complaint claimed.
This error forced the complainant to book another flight for the following morning at his own expense, causing significant hardship, mental agony and financial loss.
In such a situation, he also missed his online examination due to delayed arrival in Mumbai, the complainant said.
Hence, the man approached the consumer panel, alleging deficiency in service and unfair trade practice on part of the airline.
He sought a refund of the fare amount of Rs 14,577 along with a compensation of Rs 2 lakh for mental agony and Rs 25,000 as the cost of litigation.
SpiceJet, in its defense, argued the flight cancellation was due to bad weather, an instance beyond its control, and its liability is limited as per the Carriage by Air Act, 1972.
The airline stated that an alternate flight was provided without additional charges and the full ticket amount had been refunded to the complainant through his booking agency.
The commission noted the flight cancellation was "beyond the control" of the airline.
It stressed that the flight cancellation had genuine reasons and the ATC took the decision in the interest of passenger safety.
The airline had taken all the necessary efforts to provide alternate tickets to the complainant. However, the said ticket was incorrect, it observed.
The opposite party (airline), after realising the mistake, reimbursed the complainant.
"Hence, the opposite party had taken suo motu efforts to cover the financial damage to the complainant," the commission held.
It, however, underlined that the airline cannot escape from the negligent act of issuance of wrong ticket to the complainant.
"Hence, in our opinion, the opposite party is guilty of deficient service and negligent behaviour by issuing incorrect ticket, which threw the complainant in an unwarranted mental harassment," the commission ruled.
It held that the complainant deserves to be compensated for the said mental agony as well as legal expenses.
Hence, the commission directed the airline pay the passenger Rs 25,000 as compensation for mental agony and Rs 5,000 for the litigation cost.
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HC asks Chhattisgarh govt to pay Rs 25,000 each to students served dog-soiled mid-day meal
Bilaspur, Aug 20 (PTI): The Chhattisgarh High Court has directed the state government to pay within a month Rs 25,000 each to the students who consumed mid-day meals soiled by a dog at a middle school in Balodabazar-Bhatapara district last month.
A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, in an order delivered on Tuesday, highlighted negligence on part of the government in the entire episode and expressed the hope authorities will be more vigilant and careful in providing mid-day meal to students.
While awarding the compensation to 84 pupils, the bench did not take into account the state's argument that the affected students of the government school were administered three doses of anti-rabies vaccine and they were found to be fit after a subsequent health check-up.
The HC gave the ruling after taking suo motu (on its own) cognizance of the matter as a Public Interest Litigation (PIL) and sought an affidavit from the state government.
According to an inquiry report submitted by the government in the HC, the incident took place on July 28 at the government middle school located in Lachchhanpur village in Balodabazar-Bhatapara district.
The report, citing statements of the students, said a dog soiled the food distributed under the mid-day meal scheme. A self-help group (SHG) prepares food items served to students under the scheme at the school.
The students alerted teachers who advised SHG members not to distribute the dog-soiled food, but their directive was ignored. Despite a complaint made to the school headmaster, soiled eatables were not removed from the meal and subsequently consumed by the students, it said.
The Chief Medical and Health Officer, Balodabazar-Bhatapara, later submitted a report, according to which, up to August 8, three doses of anti-rabies vaccine had been administered to 84 children, it said.
According to the CMHO's report, all the affected pupils were found to be medically fit after a health check-up and were regularly attending the school. However, as a precaution, the children have been kept under continuous observation of Primary Health Centre personnel at Lachchhanpur.
The SHG has been removed from the work of preparing mid-day meal at the school and barred from availing any further governmental benefit. The school's in-charge Principal Santosh Kumar Sahu, Cluster Principal, In-charge Headmaster, teachers and Cluster Coordinator were suspended via an order dated August 6, the government report said.
In the aftermath of the incident, the Balodabazar-Bhatapara collector, in a letter addressed to school education department officials, issued directions related to preparation and distribution of mid-day meal.
The Directorate of School Education has also issued guidelines to District Education Officers, asking them to ensure maintenance of cleanliness and hygiene, undertake regular quality and safety check after preparation of food items and follow prescribed standards mandated under the Pradhan Mantri Poshan Shakti Nirman Yojna.
The state government told the court no compensation was given as the affected students as they were found to be fit after a health check-up.
However, the bench noted, "Considering the fact that it was an institution of the government and SHG was assigned to provide mid-day meal, but the said mid-day meal was soiled by a dog and it was unfit for consumption for the students of the school.
"And though three doses of anti-rabies has been administered to 84 children of the school, it was negligent on the part of the state to take care that the food which was being offered in the mid-day meal by the SHG to the children of middle school, we deem it proper that Rs 25,000 be paid by the state to each of the student of the concerned middle school, who had consumed the said meal, within a period of one month from today."
The HC further observed, "We hope and trust that the state would be more vigilant and careful in providing mid-day meal to the children studying in government schools."
