Chat GPT 4- Prompt Engineering- Airlines Query
“I have booked a ticket with Air [XXX] from Bombay to Delhi, Flight was canceled due to a technical issue and I was informed that a full refund will be granted hence I took another flight. however, they deducted more than 95% of the ticket charges in the name of cancelation charges. customer care is pathetic, airline's service is even worse. they did not give refreshments even after 6 hour delay plus accommodation was declined and now even the refund is declined. What remedies can I pursue under the law in India to get my refund? Give me specific information as well as the steps that I would have to take in order to pursue these remedies.
ChatGPT
In India, air passenger rights are protected under the Directorate General of Civil Aviation (DGCA) guidelines and the Civil Aviation Requirements (CAR) Section 3, Series M, Part IV issued by DGCA. When a flight is cancelled by the airline, especially for reasons within their control like technical issues, passengers are entitled to certain rights and compensations. Here are specific steps and remedies you can pursue:
Direct Communication with Airline: First, formally write to the airline, stating the issue, the loss incurred, and request a full refund. Include all relevant details (flight number, booking reference, and the communication regarding the cancellation and promised refund). Request a written response within a specific timeframe.
Airline Grievance Redressal Mechanism: If the response from the airline is unsatisfactory or there's no response within the stipulated time, escalate the matter to the airline's Grievance Redressal Officer (GRO). The contact details of the GRO are available on the airline's website. The GRO is required to resolve the complaint within 30 days.
AirSewa Portal: File a complaint on the AirSewa Portal/App, an initiative by the Ministry of Civil Aviation to address air passenger grievances. Provide all the necessary details of your grievance along with the evidence of your communication with the airline.
Consumer Court: If the above steps do not lead to a satisfactory resolution, you can approach the consumer court. File a complaint under the Consumer Protection Act, 2019. You do not necessarily need a lawyer to file a case in the consumer court. Provide all relevant documents (ticket, boarding pass, communication with the airline, receipts of any additional expenses) as evidence. The consumer court is relatively fast in addressing grievances.
Seek Legal Advice: For a more detailed approach, consider consulting a lawyer who specializes in consumer rights or aviation laws. They can offer guidance specific to your case and help in drafting legal notices or representing you in court.
Steps to File a Complaint in Consumer Court:
Draft a complaint stating facts clearly: Include personal details, flight details, a sequence of events, how the rights were violated, and the relief sought (full refund, compensation, etc.).
Attach all relevant documents as evidence.
Submit the complaint to the nearest consumer court having jurisdiction over the area where the airline's office is located or where the incident occurred.
Pay the requisite fee for filing the complaint, which varies based on the claim amount.
Preparation:
Document everything meticulously, including all communications with the airline.
Collect evidence such as tickets, boarding passes, cancellation messages/emails, receipts of any additional expenses incurred, and any written promises made by the airline regarding refunds or compensation.
Pursuing these remedies requires persistence and patience, but by following these steps, you can significantly increase your chances of receiving a refund and possibly additional compensation for the inconvenience caused by the airline.
User
give me information on how to file the complaint online?
ChatGPT
To file a complaint online about airline service issues in India, including flight cancellations and refund issues, you can use the AirSewa portal and app, which is an initiative by the Ministry of Civil Aviation to address passenger grievances. Here are the steps to file a complaint online via the AirSewa portal:
Registration:
Visit the AirSewa website or download the AirSewa app on your smartphone.
If you're a new user, you'll need to register by providing some basic information such as your name, email address, and mobile number. If you're already registered, simply log in with your credentials.
Filing a Complaint:
Once logged in, look for the option to 'File a Grievance' or 'Complaint' and select it.
You will be required to fill in details about your complaint. This includes selecting the type of grievance (e.g., flight cancellation, refund issues), entering your flight details (flight number, date of travel, booking reference), and providing a detailed description of your issue.
It's important to clearly and concisely describe the problem, what was promised by the airline, and what was actually delivered. Mention any communication you've had with the airline regarding the issue.
Attachment of Documents:
Attach relevant documents to support your complaint. This can include boarding passes, ticket copies, emails or messages regarding the flight cancellation, refund promises, receipts of any additional expenses, and any other correspondence with the airline.
Ensure that all attachments are clear and legible. Digital copies or photographs of documents should be of good quality.
Submission:
Review your complaint and the attached documents to ensure all information is accurate and complete.
Submit the complaint. You will receive an acknowledgment of your complaint with a unique reference number, which you can use to track the status of your grievance.
Follow-Up:
The AirSewa portal allows you to check the status of your complaint. Use your unique reference number to track progress.
Airlines are required to address and resolve complaints registered on AirSewa within a specified timeframe.
Further Action:
If the complaint is not resolved satisfactorily within the given timeframe, or if you're unhappy with the resolution, you can escalate the matter through the portal or consider taking legal action as described previously.
Remember, the effectiveness of your complaint largely depends on the clarity of the information provided and the relevance of the supporting documents attached. Ensure that all your communications are polite, factual, and to the point, to facilitate a quicker resolution.
User
How do I take legal action against the airlines and file a consumer law complaint online?
ChatGPT
Taking legal action against an airline in India under consumer law involves filing a complaint with the Consumer Forum, now known as the Consumer Commission, at the district, state, or national level, depending on the claim amount. Since 2020, with the enactment of the Consumer Protection Act, 2019, it's possible to file complaints online through the e-Daakhil portal, which simplifies the process of seeking redressal for consumer grievances. Here’s how to file a consumer law complaint online:
Step 1: Determine Jurisdiction
District Commission: For claims up to Rs. 1 crore.
State Commission: For claims above Rs. 1 crore and up to Rs. 10 crores.
National Commission: For claims above Rs. 10 crores.
Step 2: Prepare Documentation
Gather all relevant documents, including:
Boarding pass and ticket.
Correspondence with the airline.
Proof of the grievance (e.g., cancellation notification, refund denial).
Receipts for any additional expenses incurred.
Step 3: File Complaint Online through e-Daakhil Portal
Visit e-Daakhil Portal: Go to the e-Daakhil portal designed for filing consumer complaints online.
Registration: Register on the portal by providing required details such as name, mobile number, and email ID.
Login and File New Complaint: After registration, log in to your account and select the option to file a new complaint.
Fill in the Complaint Details:
Select the appropriate jurisdiction based on the value of the claim.
Fill out the complaint form with details of the grievance against the airline, including flight details, nature of the complaint, and the relief sought (refund, compensation, etc.).
Attach Supporting Documents:
Upload scanned copies of all relevant documents supporting your claim.
Pay the Required Fee: Pay the filing fee online. The fee varies depending on the amount of compensation claimed.
Submit the Complaint: Review all entered details and submitted documents, then submit the complaint.
Acknowledgment and Tracking: Upon submission, you will receive an acknowledgment receipt with a unique docket number, which can be used to track the status of your complaint online.
Step 4: Follow-Up and Hearing
After filing, the Consumer Commission will review your complaint and schedule a hearing date. You may be required to present your case in person or via video conferencing, depending on the Commission's procedures.
Step 5: Resolution
The Commission will make a decision based on the merits of the case, which could include directing the airline to refund your ticket cost, pay for any damages, or provide any other appropriate relief.
It’s advisable to consult with a legal expert specializing in consumer rights for guidance through the process, especially if the claim involves a significant amount of money or complex issues. Filing a complaint through the e-Daakhil portal has made the process more accessible, but having legal support can help navigate any challenges more effectively.
User
Can you give me a draft of the complaint that I can file?
ChatGPT
Certainly. Below is a template for drafting your complaint against the airline for the cancellation issue and subsequent grievances. This draft is intended for submission through the e-Daakhil portal or for use in your legal documentation. Please adjust the details to accurately reflect your situation, including personal information, flight details, and the specifics of your complaint.
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
Date: [Insert Date]
To
The Honorable President/Member
[Specify District/State/National] Consumer Disputes Redressal Commission
[Address of the Commission]
[City, State, ZIP Code]
Subject: Complaint against [Airline Name] for Unfair Trade Practice and Deficiency in Service
Honorable Sir/Madam,
I, [Your Name], a resident of [Your Address, City, State], wish to lodge a formal complaint under the Consumer Protection Act, 2019, against [Airline Name], having its registered office at [Airline’s Registered Office Address], for unfair trade practice, deficiency in service, and failure to refund the ticket amount for the cancelled flight [Flight Number] dated [Flight Date] from [Departure City] to [Destination City].
1. Facts of the Case:
On [Booking Date], I booked a ticket with [Airline Name] for a flight scheduled on [Flight Date] from [Departure City] to [Destination City]. [Mention booking reference, ticket number, and any other relevant booking details]. Unfortunately, the flight was cancelled by the airline citing technical issues, and I was informed via [Email/SMS/Call] that I would be eligible for a full refund. [Attach a copy of the cancellation notification and any communication regarding the refund].
Despite their assurance, when I initiated the refund process, I was informed that more than 95% of the ticket amount would be deducted as cancellation charges, which is contrary to the promise made and the DGCA guidelines for flight cancellations initiated by the airline itself.
2. Grounds for the Complaint:
Deficiency in Service: Not providing timely information about the cancellation, failing to offer a refund or reasonable alternatives, and not adhering to the promises made.
Unfair Trade Practice: Deducting an unreasonable cancellation charge for a flight cancelled by the airline itself.
Failure to Provide Refund: Despite multiple communications [provide details of attempts to contact the airline], the airline has unjustly withheld the refund due to me.
3. Relief Sought:
In light of the above, I seek the following reliefs:
A full refund of the ticket amount of INR [Ticket Amount].
Compensation for the mental agony and inconvenience caused, amounting to INR [Specify Amount].
Reimbursement for the additional expenses incurred due to the cancellation, including [mention any additional flight, accommodation, or other costs], totaling INR [Specify Amount].
Litigation costs and any other relief that this Honorable Commission deems fit and proper.
4. Enclosures:
Copy of the flight ticket and boarding pass (if applicable).
Communication regarding flight cancellation and refund promise.
Evidence of attempts to contact the airline and their responses.
Receipts of any additional expenses incurred.
I trust that the Commission will take swift and just action on this matter. I declare that the information furnished above is true and correct to the best of my knowledge and belief.
Thank you for considering my complaint.
Sincerely,
[Your Signature]
[Your Name]