Changes to flight schedule & the elderly: Airlines must provide wheelchair

An airline is responsible if passengers face inconvenience due to last-minute changes to flight schedule

Sudha Honavar and her husband had booked tickets on Air India's Flight AI 126 from Chicago to Mumbai. As both of them were aged, they had chosen this flight as it was a direct one and would cause least discomfort.

Without any prior intimation, just before departure on October 31, 2010, Air India rescheduled the flight to Delhi's International Terminal, and a connecting flight AI 102 from Delhi’s domestic terminal, which was about a kilometre away. Since she would not be able to walk this distance, she requested Air India’s Chicago counter to arrange for a wheelchair at Delhi.

On landing in Delhi, Sudha found that no arrangement had been made for a wheelchair. She and her husband were compelled to seek the assistance of other passengers to walk to the domestic terminal. They also had to undergo a fresh security check before boarding the flight to Mumbai. This strain and over-exertion resulted in Sudha, a 72-year-old arthritic patient, suffering from acute knee pain. She had to be hospitalised and had to undergo surgery.
 

Aggrieved by Air India's attitude, Sudha filed a complaint before the South Mumbai Consumer Forum, alleging deficiency in service. Air India contested the case. It argued that the winter schedule had come into effect from October 31, 2010, so the route had been changed, but this could not be intimated as the contact details were not provided by the agent through whom the ticket was booked.

The Forum observed that Sudha's arthritis, which was medically under control, got aggravated due to the one-kilometre walk to catch the connecting flight. Hence, Air India was held liable to pay Sudha Rs 578,416 towards hospitalisation expenses. Additionally, Rs 20,000 was awarded as compensation for inconvenience and mental agony, and Rs 5,000 towards litigation costs.

Air India challenged this order before the Maharashtra State Commission. It claimed that the airline was not aware about Sudha's medical condition. Moreover, the requests exceeded the availability of wheelchairs, and the number of attendants was insufficient to cater to demand. So the inability to arrange for a wheelchair could not be termed as deficiency in service.

The State Commission concurred with the Forum's reasoning that Air India would be responsible for last-minute change of flight schedule and failure to arrange a wheelchair despite request. It held that the airline had been rightly held liable for Sudha's suffering. Accordingly, by its order of December 12, 2017, delivered by Justice A P Bhangale for the Bench, along with A K Zade, the Maharashtra State Commission dismissed Air India's appeal with additional costs of Rs 20,000 payable to Sudha. An airline should not inconvenience its passengers by last-minute change of flight schedule. It would also be liable for failure to arrange a wheelchair.

(The author is a consumer activist)