NEW DELHI: The Patna district consumer commission has directed SpiceJet to pay Rs 85,816 to a passenger after repeated delays caused him and his family to miss a connecting flight and incur hotel, transport and fresh air-ticket expenses. The commission also awarded 12 percent annual interest on Rs 15,816 and the order was passed on September 8, 2026.
Why did the passenger approach the consumer commission?
According to the commission order, Dilip Kumar Agarwal had booked three confirmed tickets from Patna to Mangalore via Mumbai for January 16, 2021, for Rs 18,697. The Patna-Mumbai flight was repeatedly delayed, due to which Agarwal and his family missed their connecting flight to Mangalore.He alleged that no food or refreshments were provided during the prolonged wait and that SpiceJet did not make alternate arrangements for their onward journey. He said the family had to spend money on a hotel and transport in Mumbai and buy fresh tickets from another airline. He received a refund of only Rs 4,389.Agarwal sought Rs 3,34,242, including the refund, consequential expenses and compensation for mental agony.SpiceJet contended that the delay was caused by bad weather in Delhi and was beyond its control. It relied on its terms of carriage and said airlines were not liable for delays caused by extraordinary circumstances.It also said the refund for the Mumbai-Mangalore sector had been processed through the travel agent. It relied on DGCA rules relating to delays caused by meteorological conditions and termed the passenger’s claim exaggerated and unsupported by evidence.
Why did the commission hold SpiceJet responsible?
The bench of President Prem Ranjan Mishra and member Rajnish Kumar said Agarwal and his family had reached Patna airport on time and were issued boarding passes, but the flight was repeatedly delayed. It also found that the airline had failed to provide food or refreshments during the prolonged wait.The commission said SpiceJet could not produce any official letter to prove that bad weather had caused the delay.“The airline failed to provide food or refreshments during prolonged waiting, which is a clear violation of DGCA CAR obligations,” the commission said.It further found that the repeated delay resulted in the family missing the connecting flight and that SpiceJet had not arranged an alternate flight to Mangalore.“Due to repeatedly delaying of flight from Patna to Mumbai, Complainant & his family missed connecting flight from Mumbai to Mangalore. Since O.P didn’t arrange any alternate flight to reach Mangalore from Mumbai, Complainant was bound to purchase fresh ticket from Mumbai to Mangalore from any other Airlines after paying any cost to attend son’s Medical Counselling. Hence, it is clear cut case of deficiency in service by O.P and O-P is liable to reimburse the cost of flight ticket which was purchased by the Complainant from GoAir,” it further added.The commission also accepted the documentary evidence relating to the hotel, transport, GoAir tickets and loss of advance hotel booking at Mangalore.“Documentary proof of hotel bills, transport, GoAir tickets, and loss of advance booking of Hotel at Mangalore has been produced, These expenses are genuine and directly attributable to the airline’s failure to provide alternate arrangements,” the bench noted.The commission then directed SpiceJet to reimburse Rs 20,205 towards the hotel stay, transport, GoAir tickets and loss of the advance hotel booking, after deducting the Rs 4,389 already refunded. This left Rs 15,816 payable to Agarwal.It also awarded Rs 50,000 for mental agony and physical harassment and Rs 20,000 as litigation costs. The Rs 15,816 amount will carry 12 percent annual interest from April 19, 2021, the date of filing of the complaint, until payment.The commission gave SpiceJet three months to comply. If it fails to do so, the amount will carry 15 percent annual penal interest. Agarwal may also seek execution of the order, with SpiceJet liable to pay an additional Rs 10,000 as execution costs.
What did the commission order?
The Patna district consumer commission directed SpiceJet to:
- Pay Rs 15,816 towards the hotel, transport, fresh GoAir tickets and loss of advance hotel booking, after adjusting the Rs 4,389 already refunded.
- Pay 12 percent annual interest on Rs 15,816 from April 19, 2021, until the amount is paid.
- Pay Rs 50,000 as compensation for mental agony and physical harassment.
- Pay Rs 20,000 towards litigation costs.
- Comply with the order within three months of receiving or producing the order.
- Pay 15 percent annual penal interest on the amount if it fails to comply within the three-month period.
- Pay an additional Rs 10,000 towards execution costs if the passenger seeks execution of the order.
