Job lost due to cancelled flight,man to get Rs 5 lakh in damages

In its recent judgment,the consumer commission charged Emirates with deficiency in services. It ruled that the airlines was duty-bound to inform Sharma about any rescheduling and cancellation of connecting flights to Libya as also to place him in another flight.

“The complainant has suffered a loss of salary,medical benefits,insurance cover and gratuity,loss of property at Libya and other traveling expenses,” the Commission’s then president Justice J D Kapoor observed. “We deem that a compensation of Rs 5 lakh,including cost of litigation,would meet the ends of justice.”

Justice Kapoor retired last month.

According to Sharma’s complaint,he was granted 80 days’ leave and flew down in February 1999 after getting confirmed return tickets. On May 6 that year,he was scheduled to take an Emirates Airlines flight from IGI Airport to Dubai,and then connecting (Air Malta) flights to Malta and on to Djerba.

But Emirates officials told Sharma at IGI Airport that his ticket from Dubai to Malta was not in the list and that the other flight (Malta to Djerba) was also cancelled.

Sharma contacted the airlines office and said his visa was to expire on May 8,so it was imperative for him to get a seat in a flight. After he refused to buy a fresh ticket,Sharma got a new reservation number for May 17. But the Libyan visa authority here refused to extend Sharma’s emergency visa,and thereafter he lost his job in Libya for breach of contract.

Emirates contended it was not a service provider to Sharma since his tickets were booked by Air Malta,and that Emirates provided his ticket from Delhi to Dubai only because Air Malta doesn’t operate in India.

But Justice Kapoor said in view of the code-sharing arrangement between air carriers,Emirates cannot escape liability by saying that it was a participating carrier.