SATYA PRAKASH GUPTA Vs. BRITISH AIRWAYS

JUDGEMENT

(1.) THE complainants, both of whom are senior citizens, booked air tickets with the opposite party British Airways for travelling from Delhi -London -Phoenix -London -Delhi from 12.12.2013 to 05.2.2014. According to the complainants, since both of them were unable to walk on foot, they requested British Airways to provide the facility of wheel chair for shifting them from one aircraft to the other aircraft. The Airways was also requested to provide pure Indian vegetarian food to them during the course of the journey. However, when the complainants got down at the Heathrow Airport London from where they were to board another British Airways flight which was to take them to Phoenix, no wheel chair was made available to them. After about half an hour, they were made to sit an electricity operated cart, which took them to an open chill cold platform. After some time, they were shifted to a small waiting room by providing one wheel chair to them, instead of taking them to a proper waiting hall. After they were made to wait for about two hours in that room, the complainants were again shifted to an open platform though the weather at London was really cold and chilly. No wheel chair was provided to them there. Almost similar treatment was meted out to them on the return journey. No refreshments were provided to them at the airport. This is also the grievance of the complainants that the food provided to them during the journey was not worth eating, as a result of which they had to go hungry. Being aggrieved from the deficiency in the services rendered to them by the Airways, the complainants are before this Commission, seeking compensation of Rs.1,10,00,000/ - along with interest.

(2.) IN its reply, the opposite party has admitted that the complainants had travelled on its flight from Delhi -London -Phoenix -Delhi. It is also admitted that the complainants had opted for the facility of wheel chair, though it is claimed that the wheel chair was sought only for using at the ramps. It is also admitted in the reply that the complainants had opted for vegetarian -vegan food to them aboard the aircraft. As regards providing of wheel chair at Heathrow Airport at London, it is alleged that the facility was to be provided by Heathrow Airport Authority and not by British Airways. It is stated that the complainants were served breakfast which included eggs, because it was not practical for the crew onboard on verify the booking details from the record of each and every passenger while serving the meals and the complainant Satya Prakash on being asked by the cabin crew had asked for a vegetarian meal, which included eggs. Once the complainants specified that they wished to be served vegetarian meal without eggs, all subsequent meals served to the complainants were egg -free meals. The opposite party has denied the allegation that the complainants were kept waiting for hours at an open platform at Heathrow Airport.

(3.) THE complainants have filed affidavit of one of them viz. Complainant No.1 Shri Satya Prakash Gupta by way of evidence, whereas opposite party has filed the affidavit of Mr. Sanjay Soni, Regional Finance Manager having office at DLF City I Gurgaon, by way of evidence.