The Consumer Disputes Redressal Commission has ordered British Airways to pay Nadiad-based lawyer Diptesh Brahmbhatt and his family ₹3,32,200 as compensation for poor services, resulting in physical and mental harassment, and financial losses. 

Brahmbhatt, his wife and two children, aged two and four, were meant to fly out to Canada to  attend a family reunion in Oct 2021. They made it as far as New Delhi, where they were supposed to have caught a connecting flight to Toronto. However, this trip was cut short after the UK flag carrier refused to let them board their connecting flight, citing a travel advisory issued by Canada in view of the pandemic. To make matters worse, Brahmbhatt told the consumer body, British Airways refunded only a part of the ticket cost, and did not make any arrangements for his family. Stranded in New Delhi, the Brahmbhatts incurred additional expenditure to return home. 

Claims and Counterclaims

“We booked a domestic flight back to Ahmedabad but our luggage, weighing a total of 92kg had been dumped at the New Delhi airport,” Brahmbhatt, who represented himself in the CDRC hearing, said. 

“British Airways put us through the wringer. They failed to care for my family over the travel rejection at the airport. So I approached the court,” he told Gujarat Samachar. 

Counsel for the UK-based airline, JY Sindhi argued that the Brahmbhatts’ tickets were cancelled after the Government of Canada issued a travel advisory banning visitors to Toronto, in view of the pandemic. He argued that, given such exigent circumstances, the airline could not be found guilty of “defective service”.

Challenging the airline’s claim, Brahmbhatt argued that he had examined witnesses who travelled to Canada around the same time, thus negating the British Airways’ claim that his family’s trip was curtailed due to exigent circumstances. 

Having heard both sides, the CDRC took cognizance of the matter and ordered the airline to pay a compensation of ₹3,32,200 with 7% interest to Diptesh and his family for physical and mental harassment, financial losses, and defective services.   

“This incident highlights the need for airlines to prioritize passengers’ comfort and satisfaction and to take responsibility for their actions. British Airways is directed to pay the compensation amount within a specified deadline, failing which further action will be taken,” it said in an order.

Brahmbhatt sees the win as a “significant victory for consumer rights”.

“Passengers who have faced such issues with British Airways are advised to approach the consumer commission to seek justice and compensation. This verdict is a significant victory for consumer rights and will help to ensure that airlines are held accountable for their actions,” he said.