CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.403/2006

DR. JAIDEEP SINGH CHADHA

R/O H.NO.121, SECTOR 27-A,

CHANDIGARH

…………. COMPLAINANT                                                                              

Vs.

THAI AIRWAYS INTERNATIONAL PUBLIC CO. LTD.,

THE PARKROYAL INTERNATIONAL HOTEL,

AMERICAN PLAZA, NEHRU PLACE,

NEW DELHI-110019

                                  …………..RESPONDENT

                                 Date of Order:06.06.2018

O R D E R

A.S. Yadav - President

The complainant is a doctor by profession and is consultant physician and heart specialist and is having his consultancy clinic in the name and style of “Iqbal Clinic” at Chandigarh.  The case of the complainant is that he alongwith his wife planned a holiday trip to Thailand for the first time for the last 20 years so as to have a memorable holiday of their life time.  The complainant arranged for two air tickets of Thai Airways i.e. from Delhi to Bangkok on 14.07.2005 by flight number TG-316 and return journey from Bangkok to Delhi via flight number TG-315 on 17.07.2005.  While flying to Bangkok on 14.07.2005, the complainant was sitting in the aisle seat and his wife was sitting next to him.  After the dinner was served in the flight, the wife of the complainant asked for a cup of coffee.  The complainant was sitting relaxed in his seat and was having his own drink.  All of a sudden the purser serving the coffee, poured a jug of boiling water/coffee on him as a result of which his right arm and right side of the abdomen got extensively scalded.

It is further stated that the flight crew instead of taking care of the complainant tried to brush aside the incident by down playing the entire episode as a minor one.  Since the complainant was himself a doctor, he asked for ice cubes to prevent buster formation and to stop burning sensation till the medication could be provided by the flight crew.  The airlines staff could not provide any sort of medical assistance except for a very small tube of burnol which was also provided after a lot of searching.  The antiseptic cream was inadequate in quantity as it failed to cover the entire scalded/burnt area of the body of the complainant.  The complainant who is a diabetic, a hypertensive and a heart patient could only manage with the medicines he was carrying with himself but no help whatsoever was extended by the Flight Crew.  The purser on the board of the aircraft asked the complainant whether he required a doctor at the airport at Bangkok but no help was extended to the complainant even after saying yes to his question.  The complainant had sustained burn injuries due to the fault of airline staff.  The airline was duty bound to provide the complainant with required adequate medical help.  It was surprising to know that Thai Airways had no pain killer on the board of the aircraft what to say of any medical kit.

It is further stated that the purser who had poured boiling water on him came up with the service irregularity form on which he had written “During MGAC service, a pot of coffee split to pax 62C due to aircraft shaking, pax burnt on his right arm and stomach”.  The complainant was in so much pain at that time, he could not write the said form which has been signed by the captain of the flight.  The complainant is very much sure of the fact that there was no turbulence at the movement when the coffee was spilled on him and that the purser had written a wrong note.  No one form airline bothered to inquire about the heath of the complainant.  The complainant was not provided the wheel chair at the airport at Bangkok and also no help was provided at the airport regarding clearance.  As a result of the burn injury received, the entire trip was ruined.  His wife was busy in dressing the wounds of the complainant and was worried about his health as he was suffering from diabetes and hypertension.  During return journey on 14.07.2005, the complainant requested for upgradation of seats in business class but the same was not done.  The complainant suffered the burning because of negligent handling of coffee jug by the person which is clearly a deficiency in service.  It is stated that although at the time of incident, there was no shaking of aeroplane but a flying aeroplane is bound to shake if it experiences turbulence and for that reason the temperature of the water and coffee is to be maintained at such level that even if any liquid accidently spilled on the body of a passenger, it does not cause burn injuries. 

It is further stated that the complainant after his return got treatment from Government Medical College Hospital, Chandigarh and registered a Medico Legal Case.  On account of the burn injuries suffered by the complainant, his profession was also affected.  In fact he was not able to perform the daily exercise and being a heart patient, he was required to do exercise to keep fit but due to burn injuries it was difficult to wear the clothes.  The complainant is also a writer who has published two books which have been acknowledged by Mr. George W. Bush, the then President of USA.  The complainant is devoted sikh by religion and he was not able to tie his turban because of the injuries suffered by him and it was very difficult for him to examine the patients and make phone calls in pursuit of his insurance work.  In fact the complainant sent a notice on 20.07.2005 claiming Rs.2 lacs US dollars as compensation which was duly received by OP.  Thereafter the complainant received a letter dated 20.07.2005 from OP regretting the in-flight incident.  After receiving the notice, the representative of OP contacted the complainant in order to arrive at out of court settlement but the matter was not settled hence this complaint has been filed whereby the complainant has prayed for compensation of Rs.20 lakhs.

OP in reply took the plea that the very fact that the complainant is an Insurance Advisor goes a long way to show that he is indulging in arm-twisting tactics to extort and to make undue gains from the alleged incident.  In fact the complainant has earned this four day holiday in Pattaya from Birla Sunlife Insurance for meeting targets.  Moreover it was not only the complainant but also others who have achieved their target were to meet in Pattaya for a four day conference.  It is denied that the complainant has gone to Thailand for a “dream holiday”.  The complainant was having drinks in the aircraft.  It is stated that when he asked for more drinks, he was politely refused.  However, the complainant to his own admission was restless and procured more drinks from across the aisle by requesting the other air hostess.  This shows that the complainant had much more intake of liquor than the limit prescribed when the alleged incident took place.  As such he was not able to even differentiate whether it was hot coffee or hot water and in such a scenario, it is not at all surprising to comprehend that the complainant was not aware that the aircraft jolted due to air turbulence as a result of which a part of hot coffee had spilled on the complainant.  It was not due to the negligence of the purser person and there was no deficiency in service.  The complainant had also conveniently withheld a vital fact in the complaint that he was applied burnol at the affected area quickly by the airline staff on board and as soon as the first tube of burnol proved to be insufficient, second burnol tube was used which obviously was available in the aircraft.  The complainant was also provided ice cubes to ease out the after effects of burning.  It is denied that only a small tube of burnol was provided.  It is denied that the Flight Crew did not take proper care of the complainant.  It is denied that there was no pain killer on board of the aircraft or that there was no medical kit available.  The pain killer was, however, not given to the complainant as he had already consumed large quantity of liquor and it was not thought advisable to give any oral medicine in these circumstances.  Moreover the complainant was a heart patient, diabetic and suffering from hypertension.  It is submitted that the Captain of the flight at the relevant time was in the cockpit and could not attend personally the complainant, however, he was attended by the airhostess and purser.   During the return flight, he could not get seats in business class as the same was not available.  The very fact that the complainant admits that with turbulence the aeroplane is bound to shake, itself shows that such mishap can happen without any negligence on the part of the airlines staff on the board of the aircraft.  It is denied that the complainant is still suffering from burn injuries and the said burn injuries are hampering the daily schedule of the complainant.  So far as out of court settlement is concerned, it is submitted that OP airlines, as a goodwill gesture but without admitting any mistake on their part, offered to reimburse all his medical expenses incurred upon presentation of the proper receipt.  The explanation was also called from the concerned staff.  After making thorough inquiry, OP Airlines did not find any lack of professionalism/misconduct/negligence on the part of concerned staff of OP Airlines.  It is prayed that the complaint be dismissed.

We have gone through the case file carefully.

It is not in dispute that the complainant suffered burn injuries on his right arm and on right side of abdomen because the purser while serving coffee, spilled the same on the complainant. 

Now the question is whether he was not properly attended by the staff of OP airlines or proper medical aid was not provided to him.  It is proved on record that immediately after the burn was suffered, he was provided with ice cubes and burnol was also applied.  OP has specifically stated that in fact second tube of burnol was provided and this was not disputed. 

So far as giving of pain killer is concerned, it is significant to note that the complainant was heart patient and suffering from diabetes and hypertension and he has consumed liquor on the flight.  Under these circumstances, the complainant was not provided pain killer.  The complainant himself submits that he is a doctor by profession and has taken the medicine which he was carrying with him. 

So far as providing seats in business class for return journey is concerned, OP has specifically stated that those seats were not available.  In fact the complainant has failed to prove that he was not properly attended after he suffered burn injuries or that the medical kit was not available in the aircraft. 

The second point for consideration  is whether the coffee spilled on account of air turbulence or it was spilled by the purser in negligence way.  It is specifically stated by OP that because of air turbulence there was shaking of the aircraft as a result of which coffee spilled on the complainant.  The complainant specifically stated that there was no turbulence.  The complainant in para 7 of the complaint stated that the purser who had poured boiling water on him came up with the service irregularity form on which he had written “During MGAC service, a pot of coffee split to pax 62C due to aircraft shaking, pax burnt on his right arm and stomach”.  This by itself shows that there was an air turbulence as a result of which aircraft shook. 

Now the question is that should the aircraft not take enough measure to avoid the spilling of the hot liquid because it is a regular feature that during flight, air turbulence takes place and as a result shaking of aircraft happens.  While pouring hot liquor, such a mechanism should be deviced that in no circumstance hot liquor is spilled on the passengers.  The very fact that while the coffee was being served, it spilled on the complainant as a result he received burn injuries.  It is a case of negligence on the part of OP aircraft.

OP is directed to pay Rs.50,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

    (RITU GARODIA)                                    (H.C. SURI)                                                   (A.S. YADAV)

        MEMBER                                                MEMBER                            PRESIDENT