Flyer to get Rs 1 lakh from Kingfisher for cancelled flight

The Mumbai Suburban District Consumer Disputes Redressal Forum recently ordered Kingfisher Airlines to pay Rs 1 lakh as compensation to a chartered accountant whose family had to go through a trying time after their Mumbai-bound flight from Kolkata was cancelled a night before departure.

Jayant Mehta from Andheri planned a trip with his family to Kolkata in November 2007. For the return journey, the family of four-Jayant, Jagruti Mehta, Yash Mehta and Yuti Mehta-booked tickets on an Air Deccan flight for November 18, 2007. Jayant had booked all the four tickets more than two months ago, on September 26, and paid for Rs 16,596.

In the complaint filed in the forum in April 2008, Mehta claimed on November 17, 2007, a day before departure, the airline told him that fight had been cancelled. When he asked for alternative flights, he was told that the next flight available was two days later. on November 20.

He contacted a travel agent who booked their tickets on a November 18 flight, but they had to travel via Bangalore. Mehta paid Rs 25,047 for four tickets from Kolkata

to Bangalore and another Rs 33,497 from Bangalore to Mumbai. The family had to travel for eight hours

He alleged that the family had to travel for eight hours and his sons had to miss school.

In December 2007, Mehta sent a legal notice to the airline and claimed damages. After he failed to received any response, he lodged a complaint in the forum.

During the pendency of the case, Kingfisher took over Air Deccan, and Mehta amended his complaint to that effect. The airline told the forum that the flight was cancelled due to some unavoidable circumstances and added that Mehta had been refunded. Denying any deficiency in service, the airline refused to pay damages. , saying it was according to the terms and conditions applicable to the airline and passengers.

But the forum held the airline guilty of deficiency in service and said the onus was on it to mention the reason for cancelling a flight. "There is no material on record regarding the reason for the airline to cancel the flight," the forum stated.