Kerala man makes Air India pay for delayed Saudi flight after 9-yr legal battle, wins ₹1.36 lakh

Nearly nine years after a delayed Air India flight left him stranded at Mumbai airport and forced him to spend thousands of rupees on a last-minute ticket to return to Saudi Arabia, a Kollam native has won a legal battle, with the District Consumer Disputes Redressal Commission ordering the airline to pay him ₹1.36 lakh in compensation.

Kapildev, 42, who works as a driver in Saudi Arabia, had travelled to Kerala on leave in June 2017. He was scheduled to return on September 10, 2017, through a connecting Air India journey from Thiruvananthapuram to Mumbai, followed by a flight to Saudi Arabia. However, the Thiruvananthapuram-Mumbai flight was delayed by more than two hours, causing him to miss his onward connection. With no immediate alternative available, he was forced to buy a last-minute ticket on another airline for around ₹49,000.

After returning to Saudi Arabia, Kapildev could not put the ordeal behind him. For his family, the financial loss was only part of the burden. Arranging ₹49,000 at the last minute for a replacement ticket had been a struggle, and they felt they had been left to fend for themselves despite repeatedly seeking help from the airline. As the family discussed everything they had gone through, they decided the matter could not be let go.

It was then that Kapildev's wife, Shiji, approached advocate Manoj Sreedhar. After hearing the family's account of the incident, Manoj advised them that they had grounds to challenge the airline before the consumer commission. Acting on his advice, Shiji filed a complaint before the District Consumer Disputes Redressal Commission, Thiruvananthapuram, against Air India, naming the airline's Chairman and Managing Director, Director (Operations), and the station managers at Thiruvananthapuram and Mumbai airports as respondents, seeking compensation for the financial loss and mental agony caused by the ordeal.

According to Kapildev, his ordeal had begun even before he boarded the delayed flight. He said he repeatedly asked Air India officials at Thiruvananthapuram airport whether the delay would affect his onward journey and was assured that he would not miss his international connection.

"When I reached Mumbai, my flight to Saudi had already departed. I was completely stranded and didn't know what to do," Kapildev told Onmanorama.

With no immediate alternative available, he spent nearly 24 hours inside Chhatrapati Shivaji Maharaj International Airport waiting for the next flight.

"There was only a business-class seat available on the next day's Saudi Airlines flight. I didn't have enough money to buy the ticket. I spent the entire day at the airport while trying to arrange another ticket," he recalled.

His family eventually arranged around ₹49,000 through a travel agency in Saudi Arabia, which booked the replacement ticket on his behalf. Along with the value of the unused Mumbai-Saudi ticket, which had cost around ₹34,000, Kapildev's total financial loss came to approximately ₹83,000.

Advocate Manoj Sreedhar told Onmanorama that Kapildev had obtained a delay certificate from the airline, but it did not specify the reason for the delay. According to the advocate, Air India maintained that compensation would be considered only if the delay was caused by technical reasons, but no satisfactory explanation was provided in this case. Kapildev also alleged that Air India neither arranged accommodation nor provided food while he remained stranded at the airport, even though reaching Saudi Arabia the next day was crucial to avoid complications with his employment.

In its written submission before the commission, Air India contested the complaint, arguing that there was no deficiency in service and that the case was not maintainable either in law or on facts. The airline said the Thiruvananthapuram-Mumbai flight had been rescheduled from 8.15 pm to 11.21 pm on September 10, 2017, due to the late arrival of the incoming aircraft from Mumbai. It claimed its call centre had attempted to inform Kapildev about the delay, but his phone was initially unreachable, and that he was eventually contacted at 6.07 pm. Air India further submitted that refreshments had been served to affected passengers, that its Mumbai airport manager had tried to rebook Kapildev on a flight to Riyadh departing at 12.30 pm the following day but no seats were available, and that hotel accommodation had also been offered.

The commission, however, rejected Air India's defence, observing that while the airline attributed the delay to the late arrival of the incoming aircraft, it failed to produce any evidence explaining the cause of the delay or to establish that it resulted from unavoidable technical or operational circumstances. Holding Air India liable for deficiency in service, the commission directed the airline to reimburse Kapildev ₹83,000 towards the financial loss he incurred, pay ₹50,000 as compensation for mental agony and ₹3,000 towards litigation costs, taking the total compensation to ₹1.36 lakh. The order was passed on July 15, and Kapildev said he received the compensation last week.

Kapildev said the proceedings were repeatedly delayed, with his advocate making numerous appearances before the commission. Despite the repeated adjournments and setbacks, they never considered giving up and remained determined to pursue the case until the end. Looking back at the legal battle, Kapildev said the compensation was only part of what he had hoped to achieve.

"We never expected we would actually receive compensation. More than the money, I wanted people to know that passengers have legal remedies in situations like this. It was a long legal battle, but in the end it was worth pursuing," he said.