DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 146/2018

Mr. Rohit Narang

500 Oliver Approach,

Johnshon City, Tennessee,

U.S.A.                                                                                                                   …Complainant

                                                            Versus

Air India Ltd.

Airlines House, 113,

Gurudwara Rakabaganj Road,

New Delhi-110001                                                                                               … Opposite Party

                                             Date of institution: 23.05.2018

                                                     Date of order: 22.11.2021

Coram:

Ms. Monika Srivastava, President

Ms. Kiran Kaushal, Member

Sh. Umesh Kr. Tyagi, Member

Order

Member – Kiran Kaushal

Succintly put, the Complainant Mr. Rohit Narang while travelling from Lucknow to Mumbai on 13.03.2016 in an Air India flight (OP) suffered burns / injury due to in flight beverage being spilt over the right forearm, abdomen and chest of the complainant.

            It is stated that after 45 minutes the flight attendants starting serving beverage to the passengers and while serving coffee one of the flight attendant spilled the entire jug full of boiling hot coffee on the complainant. As result of the said negligent act the complainant suffered second degree burns. The said injuries caused burning and peeling of his skin and have left permanent marks on the person of the complainant.

            The complainant for the rest of the journey which lasted for about 90 minutes had to sit through the burns / injury. The only aid which the complainant managed to receive was treatment from a doctor who happened to be travelling on the same flight. The doctor however could not do much due to lack of proper first aid kit on the flight. The complainant was finally attended by team of doctors after the flight reached Mumbai who failed to provide adequate relief and ultimately referred the complainant to Seven Seas hospital Mumbai.

            It is next stated that OP on its own accord offered to upgrade ticket for business class to the complainant with respect to his flight from Mumbai to Newark and also offered a non chargeable change of travelling date. The said offers were made out of their admission of guilt. However, when the complainant called on the said offer of OP, their official refused to offer upgrade to the business class or forgo the cost on changing the date of the above mentioned flight.

            On account of severe physical injuries and immense pain the complainant had to extend his stay in Mumbai and upgrade his ticket at his own expense. He further had to buy new oversized clothes because he could not wear normal clothes as they were aggravating the pain in respect to the burnt areas of his body. The complainant also incurred other miscellaneous expenditures in the process of recovering from the injury caused due to in flight accident.

            Complainant on reaching back to this hometown of Johnson city (USA) consulted specialized doctors and carried out further treatment at Holston Medical Group Hospital. The treatment continued for span of five weeks as an out patient. Thereafter the complainant continued follow up treatment at EastMan Occupational Health Clinic for three more weeks. The treatment disrupted the complainant’s personal and professional life immensely.

            It is stated that Complainant via his Mumbai office tried to contact OP and has also registered various complaints to OP. After having received no satisfactory response from OP complainant approached this Commission with prayers to direct OP to refund Rs.3,00,000/- as expenses incurred by the complainant for the incident. Additionally complainant prays for direction to OP to pay Rs.2,00,000/- as compensation for mental agony, harassment and litigation expenses.

            Notice was issued to OP. As none appeared on behalf of OP it was proceeded Exparte vide order dated 21.01.2019. Written submissions are filed and arguments are heard on behalf of the complainant.

            Averments made by the complainant have remained unchallenged and uncontroverted. Therefore, there is no reason to disbelieve the version of the complainant.

            It is complainant’s case that the flight attendant spilled the entire jug full of boiling hot coffee on the complainant and as a result complainant suffered second degree burns on his right forearm, abdomen and chest. As per the complainant, he was attended upon by doctor on flight and upon reaching Mumbai complainant was attended by team of doctors. Copy of report by the Medical Department Mumbai International Airport Pvt. Ltd. is annexed as Annexure ‘C’. The said annexure does not support the averments of the complainant. It states that the burns were superficial which were treated by giving a pain killer and some anti burn tube. However, the doctor’s further suggested that the passenger be taken to a hospital for thorough checkup. This shows that the complainant was immediately attended upon and best possible treatment was provided to him while on the flight and as soon as the flight landed the complainant was immediately attended by team of doctors. We are aware that while on flight incidents such as spilling of beverage are unavoidable due to turbulence or other weather condition but the complainant was immediately attended upon in the flight as well as after the flight landed in Mumbai therefore, we don’t find the Airlines or OP to be deficient in service herein.

            Thereafter, Complainant has stated that OP had offered an upgrade ticket for business class to the complainant with respect to his flight from Mumbai to Newark and also offered non chargeable change of travelling date. Complainant has not adduced any evidence or communication with OP which proves the said averment. Bald averment without any evidence has no relevance in the eyes of law.

            It is evident that Complainant had suffered injury/burns and must have gone through pain and inconvenience. Complainant to support his case has placed numerous mails but has not placed a Single mail or any other communication for almost two years on record to indicate that he claimed damages from OP and they had declined the same. For successfully establishing a case in deficiency in service, Complainant’s grievances should have been communicated by him to OP and ignored by OP, giving the Complainant Cause of Action to approach this Commission. No Such mail or Communication has been placed on record by the Complainant, except the Legal Notice dated 06.12.2017 to which the OP’s lawyer has responded. In the response a stand has been taken that Complainant was to seek damages from the Insurance Company, Complainant in his complaint has not made any averment of having been granted or denied the Insurance claim. This Commission is therefore of the view that material fact has been concealed.

            In view of the discussion above we find that the complaint is devoid of merits and therefore dismissed with no order as to cost.

Copy of the order be sent to the parties as per rules and thereafter file be consigned to the record room.