Compensation from international carrier
Mehul
(Querist) 11 January 2012
This query is : Resolved
Hi,
About 3 weeks back, i travelled via an International flight. The journey was 11 hours long.
I am strict hindu vegeterian, and so, a week before the flight, i had lodged request with the airlines for vegeterian meals to be in place.
usually the airline entertains personal choice, (as it did, when i went with the same, previously).
This time, when i boarded, i was told, that they had not taken down the request for vegeterian meals, and hence, had to starve on the 11 hour flight.
The airhostesses dint look very concerned as they were busy in entertaining other passengers. It was a horrfying troublesome journey.
Upon arrival, i wrote email to the airlines regarding their fault. In their first reply, they claimed, the mistake was on my side, and i had not booked meals. In subsequent emails and investigations, the airlines ACCEPTED their fault in written, that their officer failed to take down my preference, and hence the disappointment.
I then asked for a compensation, against causing me so much of trouble...literally starving me on an 11hour flight.
They appear absolutely indiffernet, and said, all their rules canallow them to, is to offer a 50usd voucher to be used for next travell.
It makes no sense, in getting compensation, that too so meagre, in form of a voucher, coz u cant be compelled to use their services once again.
I am really so pissed of by this airlines, claiming to be world` one of th ebest airways, for the kind of treatment they give inflight.
Kindly tell me, how may i proceed against this airlines? How can i take it to court of law?
Compensation to tune of what amount could be claimed for the harrasment ?
Note - The airline belongs to Hongkong, the ticket was purhcased from indian office. The Economy class return ticket`s cost was approximately 56000.
Waiting for your reply,
Thank you!
Raj Kumar Makkad
(Expert) 11 January 2012
repeated query which has already been replied.
Mehul
(Querist) 11 January 2012
Thank you Mr RK Makkad
Could you throw light, on extent of compensation that one can demand?
Thanks!
Devajyoti Barman
(Expert) 11 January 2012
Repeated query.
The compensation can be anything which would be within the pecuniary limits of the Forum.
V R SHROFF
(Expert) 11 January 2012
You demand whatever you feel reasonable for you, Forum will order, after going through the details, evidence, contract to provide food . and earlier citations.
As Mr.Barman says "The compensation can be anything which would be within the pecuniary limits of the Forum."
Raj Kumar Makkad
(Expert) 11 January 2012
One should demand the compensation keeping in view the entire situation practically faced by that person and a lot of emotional touch be given to that period when one faces real starvation multiplying it by the treatment meted out to other travelers by airlines staff. Undertaking by airlines to provide food as per order of traveler is also second point, Their denial having any instruction is third one and their offer to adjust voucher of 50 d is fourth point. You may add that due to constant starvation for such a long time, you became ill or faced such and such physical feelings etc.
You should demand at least Rs. 1 lakh in compensation apart fom cost of litigation.
Mehul
(Querist) 11 January 2012
Thanks a lot for your kind replies!
I have few more queries with regards to same
1) would this be entertained by Consumer court or some other court?
2)Usually how long it may take before Court orders a compensation
3)Can we pressurise the Airlines to settle the issue by involving DGCA ?
Thanks a lot for your valuable inputs!
Deepak Nair
(Expert) 11 January 2012
1. You can approach only the consumer cour.
2. The proceedings in the consumer courts are speedy as there is strict direction from the supreme court to dispose off the matter without delay. In any case, it may take a minimum of 6 - 8 months in normal course if there is no adjournments in between,.
3. I would not suggest so. Better to proceed through proper channel.
Mehul
(Querist) 11 January 2012
Thanks a lot Deepak for your quick reply -
I have looked up the airways (Cathay Pacific)
Cant see if which is their head officer among several offices in india
Since the ticket ws purchased in india, online and journey began in chennai, is it that case wud need to be filed in chennai district consumer court?
ajay sethi
(Expert) 11 January 2012
yes you can file case in chennai . time period for disposal would depend upon pendency of cases in consumer forum in chennai . in mumbai it would take around 2 years
Mehul
(Querist) 11 January 2012
Thanks Ajay for your quick reply!
Am bit naive as far as matters of law are concerned.
Cn this case be filed by self in consumer forum, or its better done by a lawyer - since we aim to demand a serious compensation?
ajay sethi
(Expert) 11 January 2012
better engage a lawyer
Deepak Nair
(Expert) 12 January 2012
You can very well file the case in Chennai.
You can file the case on your own. But, the opposite party will appoint their advocate who will be expert. Thus it is advisable to engage a lawyer.
Mehul
(Querist) 12 January 2012
Thanks Deepak for your reply
Hw mch expense approximately would i need to bare on my side before we win the case?
your inputs are valuable!
Thanks!
