Stranded heart patient, husband forced to book another flight: Airline to pay Rs 7.7 lakh

Citing an international air carrier’s failure to provide timely assistance to an Indian couple back home from the US, a consumer commission in Amritsar has directed it to pay Rs 7.69 lakh, including a refund and compensation, to an elderly couple, one of whom was suffering from an acute heart ailment and required oxygen during the long travel. The consumer body held that a reasonable degree of “diligence and responsiveness” was expected of the airline.

Dealing with a plea of a couple, where the woman’s health condition deteriorated, and she was diagnosed with Acute Decompensated Heart Failure (CAD) in the USA, a bench of president Jagdishwar Kumar Chopra and member Mandeep Kaur also awarded Rs 10,000 as litigation costs

“The opposite party failed to handle the complainants’ rescheduling requests with the degree of diligence and responsiveness reasonably expected of an airline providing international air transportation services. Such failure, on the part of the opposite party, amounts to a deficiency in service,” the commission said on September 29.

The commission noted that the travellers repeatedly asked to reschedule their flight due to health reasons but were told to submit new medical forms every time. Even while managing a serious medical emergency, they kept trying to meet the airline’s requirements so they could safely return to India.

The commission underscored that one of the complainants was facing a serious medical emergency in a foreign country, and the airline was duly informed of the condition of the complainant and the necessity of supplemental oxygen during the return journey.

Husband sought rescheduling due to illness

The complainants booked their air tickets from Amritsar to Los Angeles for June 7, 2023, and they also booked their return tickets for June 13, 2023, from the opposite party for Rs 1.42 lakh each ticket.

The complainants claimed that, during the stay in the USA, her health condition deteriorated, and she was admitted to a hospital in Pomona on June 14, 2023. She was diagnosed with Acute Decompensated Heart Failure (CAD), and she was medically treated there for the ailment.

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During the treatment of the woman, the husband informed the airline to reschedule the complainant’s air tickets from June 14 to June 25, 2023, due to the medical condition of his wife.

He also requested the airline that his wife might require on-board oxygen, upon which the airline intimated the complainants to provide a fit-to-fly certificate along with a medical information form, which he provided to the airline.

He alleged that the airline rejected his June 25, 2023 travel on June 23, 2023, claiming the medical information form was incomplete and submitted too close to the departure date.

Subsequent rescheduling requests for June 26 and June 27 faced hurdles regarding oxygen availability and incomplete bookings, with the airline eventually asking them to return on June 29. In the meantime, the complainants purchased their own portable oxygen concentrators and extra battery cylinders for USD 3,859.

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Due to the delays and the airline’s refusal to finalise their passage, the complainants ultimately booked new tickets from Los Angeles to Delhi via another airline at a cost of Rs. 13.50 lakhs. The complainants approached the commission seeking refunds for the original tickets, alternative flights, and medical equipment, alongside compensation for mental agony and litigation expenses.

Complainant was ‘increased risk to fly’: Airline

The airline argued that the medical form submitted by the complainants for the woman was incomplete and thus rightly rejected by their medical service provider.

They contended that, as per their policies, complete documents for medical clearance must be submitted starting from seven days and not less than 48 hours prior to the scheduled departure (excluding Fridays and accounting for time zones).

They stated that their medical service provider evaluated the woman as being at an “increased risk to fly” because a potential pulmonary embolism had not been adequately investigated in the submitted medical reports.

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Relying on their Conditions of Carriage regarding special assistance and refusal of carriage, the airline argued that the carriage of ill passengers is subject to prior arrangements, and the airline reserves the reasonable discretion to refuse carriage based on a passenger’s physical or mental condition without liability for consequential losses.

Airline failed to explain booking delays: Order

Noting that the airline has not explained why the proposed booking could not be completed after the complainants had repeatedly approached it and had made arrangements for oxygen equipment, the ruling said that the airline’s reliance upon general medical clearance policy cannot justify an unexplained failure to complete the booking.

The commission said that the opposite party has admitted that oxygen could be arranged for the flight scheduled for June 27, 2023. “However, despite this communication, the complainants’ booking was not completed, and they were asked to approach the opposite party again on June 29, 2023,” it added.

“The opposite party has not explained why the proposed booking could not be completed after the complainants had repeatedly approached it and had made arrangements for oxygen equipment,” it highlighted.

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The commission held that it was the duty of the opposite party to provide medical facilities to the patient without making any excuse qua availability of the oxygen cylinder etc.; hence, due to the aforesaid act of the opposite party, the complainant could not utilise the return journey and was compelled to make alternative travel arrangements.

Takeaway

This judgment held airlines accountable for poor customer service during medical emergencies. It proved that airlines cannot unfairly reject sick passengers or delay bookings without valid reasons, protecting travelers’ rights and compensation.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Punjab helpline: 1800-425-1082) or dial the National Consumer Helpline at 1915 for assistance.