Chennai: The state consumer disputes redressal commission, Chennai, has directed a leading international airlines to pay a compensation of '20 lakh to a 70-year-old businessman for allotting him a seat in the economy class, instead of business class, on his return journey from Frankfurt to Chennai in 2010.
The petitioner, Shiv Prakash Goenka, chairman and managing director of a group of companies, used to travel abroad very frequently with German airlines Lufthansa. He preferred only business/first class for his travel in view of his advanced age and ill-health, his being a heart patient. He has undergone three surgeries and uses a wheelchair for boarding flights.
In October 2010, he obtained tickets for his journey from Chennai to Frankfurt and Frankfurt to Chennai through Madrid from Lufthansa and was allotted confirmed seats in the business class.
While returning from Frankfurt, a member of the flight crew directed him to occupy a seat in the economy class. The airline staff gave him a compensation voucher for euros 1,500 stating that it was for the surrender of his business class seat.
Goenka contended that he was shocked over the arbitrary re-allotment of seat after collecting airfare for a business class seat. The allotment not only aggravated his ill-health but also hit his prestige and his company’s reputation built over decades. Hence, he sought a refund of '2.54 lakh, the cost of the ticket, and compensation of '95 lakh for causing him humiliation and mental agony.
In its reply, counsel for Lufthansa German Airlines submitted that the complaint must be relegated to the civil court, and added that the flight was over-booked and the airlines was looking for volunteers willing to travel in an alternative flight or travel in economy class.
The airlines staff offered him two seats in the economy class. He accepted the compensation voucher for euro 1,500 for the downgrading. Hence, he could not claim compensation.
On consideration of the entire materials, the bench, comprising its president R. Regupathi, judicial member J. Jayaram and member P. Bakiyavathi, said, “The petitioner is an aged and ailing person, over 70 years. Over-booking itself amounts to deficiency in service on the part of the airlines. We hold that there was deficiency in service and the airlines adopted unfair trade practice in downgrading. Hence, the airlines is liable to pay him a compensation of '20 lakh, including '2.54 lakh.” The bench also directed the airlines to pay him '10,000 towards costs in two months.
