Compensation Delta

The world may be in the throes of a recession but that pressure cannot be passed on to flyers, the Thiruvananthapuram District Consumer Disputes Redressal Forum has ruled. American Delta Airlines, which had raised baggage charges citing global recession, was ordered to pay Rs 30,000 as compensation to a Kerala journalist by the Forum.

 

When P Sreekumar, Bureau Chief of Malayalam daily Janmabhoomi, his wife S Sreekala and their friend Babu Krishnakala tried to board a flight from New York's JFK Airport to Houston in July 2008, they were detained because the airlines demanded a payment for their second baggages. This was in clear violation of theterms and conditions stated in their ticket which permitted them to carry two checking baggages.

 

The airlines defended their decision citing economic depression and insisted that the three pay up or give up one luggage. After much argument, the three were forced to cough up $210 forbaggages.

 

After their return, they filed a case with the Consumer Forum on December 20, 2008, claiming a compensation of Rs 1 lakh, citing harassment and mental agony. They also claimed the fiasco had caused them to miss parts of their trip, which had to be cut short.

 

In December 2011, the forum found the excess charge unjustifiable and asked Delta Airlines to return the excess charges and ordered them to pay an additional fine of Rs 10,000 to each of the three passengers for the inconvenience caused.

 

“This happens to many Indian citizens. No one bothers to complain. Usually, such cases are contested within the jurisdiction of where the incident occurs, but the affected party can move local consumer courts also," Sreekumar
told TSI.

 

Upbeat as the news may sound, the picture is far from rosy. For one, the ruling came almost three years after the petition. According to the Consumer Protection Act, this should have happened within 90 days and even after the ruling, the compensation is yet to come as the airlines may appeal to a higher court. Nonetheless, this is surely a small victory for the Indian customer.