The commission was hearing the complaint filed by one Ghulam Nabi Fafoo, who along with his wife was denied boarding despite having valid boarding passes and checking in on time in July 224. 

Forced to spend night at Delhi airport after Haj

The case of the complainant was that he and his wife, namely Raja Begum, were returning from the Haj Pilgrimage on July 8, 2024 and were travelling from Delhi to Srinagar.

It was stated that the son of the complainant had booked air tickets for the complainant and his wife from the airline SpiceJet, scheduled departure of 6:45 pm at Delhi and arrival time of 8:20 pm at Srinagar airport. 

It was further added that accordingly, the complainant along with his wife reached New Delhi Airport well on time prior to scheduled departure and after obtaining the boarding pass handed over the luggage to the officials of SpiceJet and waited at the boarding gate for boarding the flight. It was contended that as soon as the boarding started, the complainant and his wife reached the boarding gate with the boarding passes. 

However, it was alleged that despite reaching the boarding gate with valid boarding passes, they were not allowed to board the aircraft. The complainant allegedly sought an explanation, but the airline staff failed to provide any reason.

The complainant further alleged that “blue-eyed persons” were accommodated on the flight in their place and that their boarding passes were cancelled by the airline.

It was contended that the luggage of the complainant and his wife was returned after a couple of hours late in the night and there was no flight from Delhi to Srinagar available then. 

As a result, the complainant and his wife were allegedly forced to spend the night in the airport, causing discomfort and mental agony. 

Thereafter, it was contended that the complainant and his wife were compelled to book an early morning flight of Indigo Airlines at a higher rate from Delhi to Srinagar. The complainant maintained that SpiceJet has subjected him to immense pain, agony, harassment and financial loss, hence filed this complaint. 

The complainant was represented by advocate N A Shalla in the matter. 

‘SpiceJet deficient of service’

• The consumer body found that even after obtaining boarding passes and handing over their luggage, the complainant and his wife were denied boarding for reasons best known to the airline.
• It found that with no alternative flights available, the couple was forced to spend the night at Delhi airport.
• The commission held that the conduct of the airline amounted not only to deficiency in service but also to an unfair trade practice.
• The commission noted that SpiceJet failed to appear and also to take any step in reference to the complaint at hand. 
• The commission directed SpiceJet to refund the cost of air tickets amounting to Rs 10,078 purchased by the complainant for their travel from Delhi to Srinagar.
• The airline was also directed to pay Rs 50,000 as compensation for subjecting the complainant and his wife to immense pain, agony, harassment and financial loss.
• The commission lastly ordered Spice Jet to pay Rs 2,000 as litigation charges to the complainant. 

Object of Consumer Protection Act

• The consumer body held that the object of the Consumer Protection Act, 1987 is to provide for better protection of the interests of the consumer and, as such, to settle the consumer disputes quickly in a summary proceeding. 
• It was added that the aim of the Act is also to ward off the ordeals of an aggrieved consumer which he is likely to suffer while seeking an ordinary remedy in the form of a regular civil case.
• It was pointed out that the linchpin of the Act is to promote the welfare of the society market economy. 

Significance of ruling

This ruling underscores that airlines cannot deny boarding to passengers who have complied with all travel formalities and then leave them stranded without explanation. Such conduct may amount to both deficiency in service and unfair trade practice, entitling consumers to compensation for the inconvenience and financial loss suffered.

Consumer helpline number of respective state and national consumer commission: For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Jammu and Kashmir Consumer Commission Helpline: 1800 180 7114) or call the National Consumer Helpline at 1915 for assistance.