Cochin International Airport Ordered to Pay Compensation of ₹16k to Passenger for Lack of Rain Cover on Step Ladder

A recent order of the District Consumer Redressal Commission, Ernakulam, presided over by President DB Binu and members V Ramachandran and Sreevidhia TN, has ordered the Cochin International Airport Limited (CIAL) to pay compensation of ₹16,000 to a passenger who got drenched in the rain due to the lack of a rain cover on the step ladder to board the flight. 

The order was passed on a complaint filed by a passenger seeking compensation from CIAL for deficiency in service.

The passenger was a native of Kochi and claimed to be a frequent flyer using CIAL very often. In his complaint, he pointed out various instances where he experienced a deficiency of service from CIAL due to insufficient staff and inadequate services. 

He explained an instance where he got completely wet on a rainy day during the departure from CIAL due to a lack of rain shelter. He contended that he had to board with wet clothes until he reached his destination in New Delhi, and he was bedridden for 3 days and suffered body pain from being wet on board due to the same.

CIAL argued that the complaint was not in accordance with the requirements of the Consumer Protection Act and should be dismissed. The consumer court after referring to various precedents said that the complaint is maintainable as passenger facilitation is a service that is not rendered free of charge and discharge of non-sovereign functions is not rendered free of charge.

The consumer court took note of the fact that even though CIAL had the capability to provide CCTV footage to disprove the allegations of not providing rain canopy, they did not provide any footage. The court opined that a negative inference can be drawn against CIAL for getting the passenger drenched in rain, thereby causing him physical discomfort, mental pain, and agony.

The Court stated that, “It is generally seen that even huge profit-making entities are indifferent in their attitude towards customers in the protection of their rights. We cannot be mute spectators when consumers approach commissions like these for the redressal of their grievances which cannot be raised elsewhere.”

The order of the Commission also contained some general observations about the indifference shown by profit-making organizations like CIAL towards the welfare of their customers. The court concluded that the 1st Opposite Party is liable to pay compensation to the complainant regarding the issue of not providing a step ladder without a canopy while boarding the aircraft constitutes a deficiency in service. 

The opposite party shall pay the complainant ₹8000 as compensation for the physical discomfort, mental agony etc. caused to the complainant due to the acts/omission on the part of the 1st Opposite Party. The Court also ordered CIAL to pay an additional ₹8,000 towards the cost of the proceedings.

The order was a landmark decision as it highlighted the importance of providing adequate services to customers and the need for profit-making organisations to be more mindful of the welfare of their customers. The order is a reminder to all organisations to ensure that they are providing the best possible services to their customers and to ensure that their grievances are addressed in a timely manner.(alert-success)