Orders of the Kuwait Airways Consumption Forum will pay 10 LAKH compensation to the traveler for the Redire Flight and not provide food and services

Facts of the case

The plaintiffs reserved Kuwait Airways tickets through a travel agency from Cochin to Barcelona with a stop at Kuwait airport for 30.11.2023. They also reserved the return tickets from the same airline for 10.12.2023 at 2:05 p.m. from Madrid with a stop at Kuwait airport that was supposed to arrive at the Cochin airport on 11.12.2023. According to the plaintiffs, the flight took off at 3:20 p.m. and instead of stopping at Kuwait airport, it was redirected to Doha’s airport and landed at 00:30 hours on 11.12,2023. The reason declared by the opposite part was the bad weather, however, it was not explained why an improper delay was made at Doha. The plaintiffs declared that the delay affected their return to Cochin and suffered mental agony and difficulties due to the delay. In addition, the plaintiffs said that despite having reserved tickets in executive class, the opposite part did not provide food and other comforts. In addition, the plaintiffs did not receive access to the executive classroom. According to the plaintiffs, instead of receiving food, coupons were given for QR 40, which resulted in additional expenses. After spending more than 12 hours at Doha airport, the flight finally landed at Kuwait airport at 4:05 p.m. The plaintiffs had to face more problems because the plane from the Kuwait airport to Cochin had already left. Subsequently, the plaintiffs were exploited for new shipping passes for the flight from Kuwait Airport to Cochin, which would suppose at 5:20 p.m. on 11.12.2023. However, after the plaintiffs boarded the plane, they were supposedly humiliated and asked to leave the plane. The overwhelming eviction of the plaintiffs caused them more mental agony and anguish. On the other hand, the opposite part affirmed that the shipping passes were issued to the plaintiffs by mistake. Finally, the opposite part organized seats for the plaintiffs in Emirates Airlines for Cochin through Dubai.

The plaintiffs sent a legal notice to the opposite part in search of compensation, since they had spent rs.4,81,960 for the tickets and RS.25,000 for food and other comforts, but they had to face problems, including a long delay and lack of assistance from the opposite part. In addition, even food and comfort were not provided to the plaintiffs. However, there was no response from the opposite part.

Therefore, the plaintiffs approached the District Commission that sought compensation for RS.1,90,00,000 as compensation for sufferings of losses and difficulties, RS.4,83., 960 as the cost of air tickets together with a reimbursement of RS.25,000 for additional expenses.

The commission did not accept the written version of the opposite part, since it did not appear on time.

Commission findings

The Commission examined the evidence produced by the plaintiffs and observed that the details of the flights were in line with what the plaintiffs had declared. It was observed that the main problem raised by the plaintiffs was the treatment given to them at the Doha airport during the long stay of 12 hours. Although the opposite party argued against the accusations, the bank observed that the same could not be accepted since there was no evidence to support the arguments.

Trusting the available evidence, the commission observed that the opposite part was poor in services in relation to the plaintiffs.

The opposite party had not assigned any reason for the diversion and there was nothing that showed that the climatic condition in Kuwait was bad. In addition, the plaintiffs were able to demonstrate that they were evicted strongly from the aircraft after receiving boarding passes for it.

The commission accepted the claim of the plaintiffs that they were not provided with food and other comforts, since the evidence supported the claims of the plaintiffs. Therefore, the bank argued that the opposite part was poor in services, since the flight that would be supposed to arrive at the Cochin airport on 11.12.2023 arrived with a 24 -hour delay.

The Commission Cited The Decision of the National Consumer Disputesal Commission in Chairman and Managing Director Lndian Airlines & 2 ORS VCV Joseph & 3 ORS L (2024) CPJ 95 (NC) WHERIN IT WAS STATED THAT THE OPPOSITE PARTY AIRLIN GUIDELINES GIVING UNBRIDLED POWERS/PROTECTION TO THE AIRIINE COMPANY TO HAVE THE RIGHT TO CANCEL, ADVANCE, RESPERULE, OVERFLY, DELAY THE START OR CONTINUE OF THE FLIGHT, ALTE THE PLACE, CHANGE THE AIR It was also stated in the trial mentioned above that airlines could not exercise such powers without incurring damage to affected persons.

Therefore, the commission argued that the opposite was poor in its services that caused pain and suffering consistent to the plaintiffs.

Consequently, the commission ordered the opposite part to pay RS. 10,00,000 to the plaintiffs as compensation for mental agony and the inconveniences and RS.10,000 as litigation expenses.

Case title: Dr.NM Womenb Rahman versus Kuwait Airways

Defenders of the plaintiffs: TP ABDUL JABBAR BURUR & Ashiq.P, TiRUR

Defenders of the opposite party: Adv.Suvarna, Adv.Manjeri

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