Hi Gaurav, I’m Adv. Niharika and here is my opinion your your question.
You can bring the airlines to the doors of the Court for the deficiency in their services.
I see two remedies available for you. First is to file a complaint in the Consumer Redressal Forum and the other is filing an application at the Permanent Lok Adaalat.
These are the steps that you may consider for filing a complaint at the Consumer Redressal Forum:
STEP 1: Intimation via Notice: A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice is also an attempt to settle the complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any other remedy.
STEP 2: Get the Consumer Complaint Drafted: If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed directly by the aggrieved person. The following details must be specified in the complaint.
STEP 3: Attach Relevant Documents: Copies of material evidence and relevant documents that support your case in Consumer Court are important. These documents include: ◦ A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought Warranty/Guarantee certificates A copy of the written complaint and notice sent to the manufacturer/seller
STEP 4: Pay Requisite Court Fees: A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought.
STEP 5: Submit an Affidavit: The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.
Also, the consumer complaint should be filed within two years from the date on which the cause of action or deficiency in service or defect in goods arises.
Another alternative remedy can be filing an application before the Permanent Lok Adaalat of your city/district. Airlines are Public Utility Services. Under S. 22(c) of the Legal Services Authority Act, 1987, PLA have jurisdiction to try cases concerning Public Utility Services. Furthermore, I’d like to state that applications before PLA are at the pre litigation stage and hiring an advocate is also not required to file an application before the said forum. You can directly bring the law in motion without any involvement of an advocate or pleader.
I Hope this information helps. For further query, you can reach me at niharikalohan@yahoo.com