State Consumer Disputes Redressal Commission
Satish Chandra vs Air India Limited on 8 January, 2007
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 08-01-2007 Complaint Case No. C-182/2001 Shri Satish Chandra Complainant 147, Lawyers Chamber, Through Delhi High Court, Mr.Sarat Chandra, New Delhi. Advocate. Versus M/s Air India Ltd. Opposite Party Regd. Office: Hansalaya Bldg., Through 5th Floor, Barakhamba Road, Mr. Abhishek Kumar, New Delhi. Advocate. CORAM : Justice J.D. Kapoor- President Mr. Mahesh Chandra - Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) Complainant has sought compensation of Rs. 9,40,000/- on account of the contaminated, infectious food, served to him on the flight of the OP-Air India flight No. 123 from New Delhi to Chicago wherein the complainant had ordered Asiatic Vegetarian Meals but the OP served hot spicy and poisonous food which resulted in immense pain and disease of high order including bleeding from rectum.
2. According to the complainant, he was initially medically advised to use Hemorrhoidal Ointment and further advised eating of soft food with milk and fruits without any result and no improvement took place. He was advised further investigation (due to weight loss from 171 to 161 lbs) of urine, blood urea, sugar, creatinine, sodium and potassium. This investigation was done on 16-07-1999 when other medication also started to put a check on complainants system such as urine and other infection due to low grade fever too. This investigation was done within seven days of arrival.
3. In order to see the impact and watch the result of medication the complainant was again advised investigation which was done on 11-08-1999 for aforesaid evaluation of medicine, within hours, results showed critical level of potassium warranting something serious and immediate hospitalization was done in Christ Hospital at Oak Lawn, KL nearest to the complainants place of stay and living.
The reason for hospitalization as given in Patient Discharge Record is (i) High Potassium; and (ii) Renal Failure.
4. Complainant also averred that on 20-08-1999 he was again medically examined and investigated and was treated for Hyperkalemia Hermorrhoidal bleeding and mild renal insufficiency which took pretty long time to recover from. The complainant was put on steroid (prednizone) for his treatment and was taken sick on multiple accounts for food served by the OP in the flight. Anybody using steroid is prone to infection and this is what exactly happened with the complainant.
Due to low immunity on account of prolonged illness, the complainant suffered from deadly disease of Herpes leaving heavy black scars on the right arm and pain in right arm which still persists occasionally at intervals.
5. The complainant on getting improved towards the end of August 1999 lodged his written complaint with the OP on 01-09-1999 at their office in Chicago, IL. U.S.A. followed by several letters and claim of $ 20000 US supported by documents was rejected by the OP on 12-10-1999. Hence this complaint.
6. As against this the version of OP, in brief, is that same food was served to other passengers including the wife of the complainant himself and none of them made any kind of complaint with regard to the quality of food or even with regard to any instance of food poisoning suffered by them later on. As the only grievance of the complainant is with regard to deficiency in service on the part of OP in serving poisonous food which absolutely seems false and absurd from the fact that no other passengers who were served with the same food, including the wife of the complainant suffered from any disease on this account. That the allegation of the complainant that he suffered from food poisoning is totally contrary to the medical reports submitted by the complainant himself since as per medical reports it appears that the complainant was suffering from some persistent renal infection which cannot be attributed to the meal supplied by the caterer of the OP. Further that the medical report of the wife of the complainant pertains to 28-08-1999 i.e. one month after the date of journey having no relation with the present complaint.
7. OP further pleaded that the complainant and his wife were served Asian Vegetarian Meal which consisted of rice, curried vegetables/dry vegetables and pulses and as a matter of policy of the catering department which is undertaken by Taj Air Caterers this entre is made non-spicy so as to make it acceptable and suitable for all types of passengers. A close scrutiny of the hospital prescription and the medication prescribed to the complainant on 27-07-1999 reveals that the complainant was suffering from illness such as blood pressure, Angina, Kidney transplant and no where they mentioned about food poisoning. It was not understood as to why an educated and a well off person allegedly suffering from uncontrollable rectal bleeding would seek medical advice after more than a weeks time. It appears from the documents annexed by the complainant and from the chronology of events as stated by the complainant himself that the complainant was suffering from some renal problem which recurred when the complainant was in USA and the same had no connection with the services provided by the OP.
8. Further that despite the acute medical problem being faced by the complainant on 20-07-1999 as alleged, the first time complainant sought medical help and medicine was as late as on 11-08-1999 i.e. almost a month after the alleged illness. If the alleged medical problems were on account of the poisonous food then undoubtedly the complainant would have sought immediate medical assistance either at the airport or immediately thereafter and not after a period of almost one month. It is evident from the delayed medical assistance sought by the complainant and from perusal of various medical reports annexed by the complainant that he was not suffering from any ailment on account of poisonous food and the food served to the complainant suffered from any defect.
9. That the cause of the said illness of the complainant was not due to the food that was served on 20-07-2002 and that the medical prescriptions presented by the complainant no where substantiate the case of the complainant rather it talks of some other illness of the complainant. The illness of the complainant was not due to the food served by the catering department and the complainant has failed to prove the fact that he was suffering from any gastro-enteric problem, which could have been caused merely on account of one or two vegetarian meal.
10. In support of his version that he immediately got the medical advice and aid and suffered due to infected food the complainant has produced the following documents :-
(i) Annexure P-I is the complaint dated 01-09-1999 made by the complainant to the officer in charge of OP-Air India claiming damages of USD 10,000 for food poisoning in AI-123/July, 20,1999.
(ii) Annexure P-1/1 is receipt dated 26-07-1999 of payment issued by Christ Hospital and Medical Centre at Oak Lawn in the name of the complainant showing the amount of USD 16900.
(iii) Annexure P-1/2 is receipt dated 11-08-1999 issued by Christ Hospital and Medical Centre at Oak Lawn showing payment of USD
122.
(iv) Annexure P-1/3 Patient Discharge Record dated 12-08-1999 pertaining to the complainant showing reason for hospitalization was high potassium renal insufficiency potassium and salt.
(v) Annexure P-1/4 is the Discharge Medication Schedule dated 12-08-1999 issued by Christ Hospital and Medical Centre.
(vi) Annexure P-1/5 is the receipt dated 24-08-1999 issued by Christ Hospital and Research Centre regarding receipt of USD 65.
(vii) Annexure P-1/6 is letter dated August 19,1999 fromMadhulika Saxena, MD of Sandeep Chandra, M.D.S.C. of Primary Care International Medicine to the effect that Mr. Satish Chandra has been under her care since July 27, 1999. He was being treated for hyperkalemia, hemorrhoidal bleeding and mild renal insufficiency and needed further tests and investigations and possibly referals till medically stably.
(viii) Annexure P-1/7 is bill dated 27-07-1999 for USD 8.29 regarding purchase of medicine for high blood pressure.
(ix) Annexure P-1/8 is bill dated 27-07-1999 for USD 8.09 regarding purchase of medicine for control of angina.
(x) Annexure P-1/9 is bill dated 27-07-1999 for USD 27.39
(xi) Annexure P-1/10 is bill dated 15-08-1999 for USD 18.69regarding purchase of medicine.
(xii) Annexure P-1/11 is bill dated 21-08-1999 for USD 7.09 purchase of medicine.
(xiii) Annexure P-1/12 is bill dated 16-08-1999 regarding payment made in respect of hospital services and charges.
(xiv) Annexure P-2 is letter dated 07-09-1999 sent to the complainant by OP intimating to the complainant that they are having the whole matter of food poisoning investigated and examined by the concerned department and the caterer and shall revert after the investigations are over.
(xv) Annexure P-3 is another letter dated 20-09-1999 from the OP to the complainant informing further that they are being investigated thoroughly and will certainly revert to you on receiving reply from them.
(xvi) Annexure P-4 is a reminder letter dated 24-09-1999 sent by the complainant to the OP.
(xvii) Annexure P-5 is a fresh complaint dated 02-10-1999 seeking claim of damages to the tune of USD10,000 for food poisoning in AI-123/July, 20, 1999.
(xviii) Annexure P-5 is bill dated 01-09-1999 for USD 200 from Walgreens The Pharmacy America Trusts for the medicine for herpes.
(xix) Annexure P-6 is another letter dated 05-10-1999 sent by the OP to the complainant assuring again that they shall revert soonest.
(xx) Annexure P-7 is letter dated 08-10-1999 sent by the complainant to the OP enhancing the claim from USD 10,000 to USD 20,000.
(xxi) Annexure P-8 is letter dated 12-10-1999 from the OP to the complainant whereby the claim of the complaint was rejected.
(xxii) Annexure P-9 is letter dated 14-10-1999 sent by the complainant to the OP informing the OP that he is pursuing the matter to its logical end.
(xxiii) Annexure P-10 is letter dated 22-08-2000 by BBB of USA through its Manager Personal Services Department to the complainant as a respondent to the complaint made by the complainant to them. The complainant was advised to pursue this matter through Small Claims Court at Cook Country or discuss possible legal action with an attorney.
11. As is apparent from the aforesaid conspectus of facts there are two main points that emerge for determination. First, whether the complainant suffered food poisoning from the meal served by the OP in the flight and secondly whether the treatment got by him during long duration was for those complications that arose out of food poisoning.
12. So far as the first question is concerned the complainant admittedly travelled by Air India flight from New Delhi to Chicago on 20-07-1999 wherein he was served Asiatic Vegetarian Meal which according to him was very hot, spicy and poisonous food.
The flight was of more than 22 hours duration and on reaching Chicago where his son lives he started uncontrollable bleeding and for the first time he was examined by his own son who happens to be a doctor in USA on 26-07-1999 and treated on account of weight loss and underwent various medical tests due to infection and advised to use Hemorrhoidal Ointment and further advised eating of soft food with milk and fruits but without any result and no improvement. As a result of continued bleeding further investigation (due to weight loss from 171 to 161) of urine, blood urea, sugar, creatinine, sodium and potassium was undertaken. These tests were done on 16-07-1999 when other medication also started to put a check on his system.
13. Perusal of the medical record and various other documents produced by the complainant shows that the problem for which he incurred major part of expenses was for herpes which could in no way have been the direct result of food poisoning. The complainant was treated for very long for this disease. Had it been the case of food poisoning resulting in such a disease it would not have resulted in such a prolonged treatment and therefore it was not a case of food poisoning.
If it was a case of food poisoning the treatment could not prolong that much that too for the disease, which has no relation or remote connection with the complication one suffers because of the food poisoning.
14. However, at the same time the OP-Airlines cannot escape from its liability to compensate the complainant reasonably for having served a food which caused immediate complication to the complainant on reaching the destination and on the treatment the complainant hardly spent an amount of Rs. 10,000/- or so.
15. It is pertinent to mention at this stage that the complainant had insured with the Insurance Company and had already received a claim against medical expenses incurred by him for a very prolonged treatment which in our view is not a direct result of food poisoning or bad food as the treatment ranged from 26-07-1999 till 01-09-1999 and even subsequent thereto.
16. For the limited purpose of deficiency in service on the part of the OP-Airlines in not serving a proper meal to the complainant in the flight and the agony suffered by the complainant on that account we deem that a lumpsum compensation of Rs. 25,000/- shall meet the ends of justice.
17. OP-Airlines shall make the payment to the complainant within one month.
18. Complaint is disposed of in aforesaid terms.
19. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and thereafter the file be consigned to Record Room.
20. Announced on 8th January, 2007.
(Justice J.D. Kapoor) President (Mahesh Chandra) Member jj