Air India Express denied boarding to mother and child despite valid tickets, made them buy new ones; commission awards Rs 70,287 payout

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NEW DELHI: The Air India Express has been directed to refund Rs 20,287 to a mother and her minor son after a consumer commission found that the airline denied them boarding on a confirmed Kochi-Abu Dhabi flight. The Thrissur consumer commission also awarded Rs 40,000 compensation and Rs 10,000 litigation costs, taking the total relief to Rs 70,287, apart from interest.The commission found that the passengers had valid tickets and travel documents but were not allowed to take the scheduled flight. They had to buy fresh tickets to Sharjah.Why did the passengers file a complaint against Air India Express?According to the commission order, the mother and her minor son had booked tickets with Air India Express to travel from Kochi to Abu Dhabi on February 11, 2021. They paid Rs 20,287 for the Kochi-Abu Dhabi flight, scheduled to depart at 9pm.The passengers alleged that they had all the valid travel documents but still were denied boarding on the flight.Subsequently they had to purchase another ticket from Kochi to Sharjah for Rs 29,510. Since their destination was Abu Dhabi so they had to undertake an additional journey from Sharjah to Abu Dhabi.The child was around three years old at the time. The complainants claimed that the unexpected change in their travel plans caused physical hardship, inconvenience and mental agony, particularly because they had to travel onward from Sharjah with the young child.The complainant further alleged that Air India Express neither gave a satisfactory explanation for the denial of boarding nor refunded the original Rs 20,287 airfare. After sending a legal notice in August 2023, they approached the consumer commission seeking a refund, compensation of Rs 5 lakh and litigation costs.The passengers produced their original Kochi-Abu Dhabi tickets, the subsequently purchased Kochi-Sharjah tickets, documents showing the disruption of the journey, passports and visas.The Air India Express did not appear before the commission despite receiving notice and did not file its version in the case. It was therefore proceeded against ex parte.Why did the commission find Air India Express deficient in service?The bench comprising President C T Sabu and member Ram Mohan R found that the documents supported the passengers’ claim that they had booked a direct Kochi-Abu Dhabi journey but were subsequently forced to purchase tickets to Sharjah.The commission noted that Air India Express had not provided any evidence explaining why the passengers were denied boarding.“If boarding was denied because of any lawful restriction, non-compliance with mandatory travel requirements or any other valid reason attributable to the complainants, the burden was upon the opposite party to disclose and prove the same,” the commission noted.The bench found that no such explanation or evidence had been placed before it. It also noted that Air India Express had failed to establish that the original airfare had been refunded or adjusted against the second set of tickets.The commission held that denying the passengers the Kochi-Abu Dhabi service without establishing a legally sustainable reason, followed by collecting additional money for travel to a different destination, amounted to deficiency in service.It also considered the hardship caused by the additional journey, particularly because one of the passengers was a young child.“The fact that the 2nd complainant was a child of approximately three years at the time makes the inconvenience and hardship more significant,” the bench added.Why did the commission award Rs 40,000 compensation?The passengers had sought Rs 5 lakh as compensation for the hardship and mental agony caused by the incident.The commission, however, said compensation under the Consumer Protection Act had to be fair, reasonable and proportionate to the circumstances. It found that the evidence did not justify awarding the entire amount which was claimed.“Compensation under the Consumer Protection Act must be fair, reasonable and proportionate to the actual circumstances. Although the complainants undoubtedly suffered inconvenience, hardship and mental agony, the evidence on record does not justify awarding the entire amount claimed,” the commission noted.Considering the additional journey, presence of the minor child and failure of the airline company to refund the original airfare, the commission awarded Rs 40,000 as compensation.It also awarded Rs 10,000 towards the costs of the proceedings, noting that the passengers had been forced to issue a lawyer’s notice and approach the commission for relief.What did the consumer commission order?The Thrissur consumer commission, in its September 15, 2026 order, partly allowed the complaint and directed Air India Express to:

The commission further directed that if the Rs 40,000 compensation and Rs 10,000 costs were not paid within the stipulated period, the aggregate Rs 50,000 would carry 9 percent annual interest from the date of the order until payment.