Flight No. : Air India (AI 9623). Flight time: 03.35 PM (Mumbai to Diu)
Airport: Chhatrapati Shivaji Maharaj International Airport, Mumbai, India
Persons Travelling: Siddharth Mhatre (with wheelchair) and Kevin Karani
The case highlights following concerns:
a) Non-implementation of DGCA's CAR on Carriage by Air of Persons with Disabilities.
b) Inadequate information provided by the airline about the aircraft and its size of cargo hold and maximum sizes that it can take so that the passenger could take an informed decision.
c) Complete non-cooperation from the airlines and creating uncertainties in the air travel schedule of the passenger with disabilities.
d) Complete lack of timely grievance redressal mechanism and compensation policy.
e) The airline's argument that motorized equipment such as Ambulift cannot be used because of safety limitations on ATR aircraft, is against the stated policy of DGCA on accessible boarding in the aircrafts, whether through the boarding gates, on the tarmac through ambulift or towable ramps.
Series of events on 15 Feb 21, as shared by the passenger:
• 01.40 PM: Passengers reached Terminal-2 of CSI Airport, Mumbai.
• Siddharth was travelling on his own motorised wheelchair and upon reaching the airport, decided to obtain Airport’s wheelchair and let the motorised wheelchair get pass through the security scanner first.
• Airport’s wheelchair was not available at Airport Gate so they searched for Air India’s “Help Desk” to obtain Airport’s wheelchair. Unable to find any “Help Desk” they go to Air India’s ticketing counter to get help. AI’s ticketing staff somehow managed to connect with AI’s ground staff inside the airport and got Airport’s wheelchair to escort Siddharth Mhatre.
• 02.00 PM: Both passengers reach check-in counter to get the Boarding Pass and check-in their luggage and wait in the queue for their turn.
• 02.10 PM: After observing Siddharth Mhatre’s condition AI’s staff at check-in counter denies to issue him boarding pass. One of the AI’s staff even asks Siddharth to show them if he can stand-up on his crutches and walk.
• 02.15 PM: Unable to stand-up immediately, AI’s ground staff takes a negative stance and completely deny to get Siddharth on board.
• We immediately question why Siddharth can’t be boarded. Our travel agent had specifically mentioned at the time of booking the ticket about Siddharth’s disability, his wheelchair requirement and assistance of AI’s staff to get him on board.
• The ticket was booked well in advance (1 month prior on 07-Jan-2021). The Travel agent had also confirmed with AI’s customer care about Siddharth’s disability and requirement for co-operation and assistance for flight boarding.
• Siddharth had even sent an email on 11-Feb-2021 to AI’s customer care (contactus@airindia.in) seeking co-operation for boarding the flight and permit him to carry his Motorized wheelchair. It was acknowledged by Air India’s customer care team on the same day.
• So we get on call with Travel Agent who booked our ticket and ask him find a solution as AI’s ground staff was clearly denying to get Siddharth aboard. Co-passenger Mr. Kevin and the Travel agent speak with AI’s ground staff for solution.
• 02.25 PM: AI’s ground staff somehow agree to get Siddharth on-board but seek a “Declaration Letter” from Siddharth that if anything happens to him while boarding the flight, Air India is not responsible for the same and they shall also immediately off-load him from the Airplane. We submit the “Declaration Letter” with Siddharth’s signature on it.
• 02.30 PM: We again proceed for check-in and boarding pass issuance. AI’s ground staff now comes up with new problem and denies Siddharth to travel on his Motorized wheelchair (which was clearly mentioned from start, even in the email sent to AI’s customer care). We were asked to put his motorized wheelchair in check-in luggage. The weight of Siddhartha’s motorized wheelchair exceeded the weight limit given to each passenger for their luggage. It exceeded the limit by 45kgs.
• AI’s ground staff demanded Rs.630 per kg extra to get his motorized wheelchair on board. The calculation came to Rs.630 x 45kgs = Rs.28,350/-. This was too much amount demanded.
• Siddharth’s motorized wheelchair was his extension to have mobility and not his separate luggage, we denied to pay the amount and asked for solution. AI denied to take any responsibility.
• 02.50 PM: It was already too late because of all the non-cooperation from AI’s ground staff. They wasted a lot of time, first they completely denied to on-board Siddharth and then they denied to on-board his wheelchair. The gates to board the flight were about to close. They also gave Kevin Karani warning to run and reach the boarding gate or else he’ll be also be off-loaded from flight.
• 03.00 PM: It was all panic situation created by AI’s staff for Siddharth and Kevin. Kevin had to literally run to the boarding gate to get into the flight and unfortunately Siddharth had to miss his flight.
• Siddharth had to then travel by road for non-stop 15 hours to reach the destination as it was an important event which he was not supposed to miss.
Despite a confirmed ticket, having shared the accommodation requirements one month in advance and constantly being in touch with the Air India and having shared the details of the wheelchair etc. no one from the Air India bothered to inform the passenger about the size limitations of the aircraft. It was a violation of the commitment that the airlines made to the customer. There was complete lack of co-operation from Air India at the time of boarding the flight. The passenger was left stranded at the Mumbai CSI Airport as his accompanying friend was taken in the flight. The passenger had to suffer all the inconvenience and difficulties to reach his destination. The physical strain and mental trauma that the passenger was subjected to due to the uncertainties created by the airlines service can't be explained.
After all the hullabaloo in the media, the airline did refund his ticket fare, but has not either accepted its fault nor seem to have rectified the system to inform and passengers about the size of the aircraft, size of the cargo hold, weight and size of the electric wheelchairs that it can accommodate, reasonable accommodation provided to the passengers with disabilities, grievance mechanisms procedure etc. The uncertainties of being able to travel put the passengers with disabilities at a psychological disadvantage, remain in fear, accept what is offered to them and make compromises - even sign all kinds of indemnity forms etc that are forced on them against the norms, DGCA's CAR etc. Asok Kumar Committee addressed these issues in its detailed consensus report that still remains to be implemented in true letter and spirit by the stakeholders such as airlines, aerodrome operators and the Civil Aviation Security systems.
Below is the report published by media 5 days after the incident.
Differently-abled allegedly denied boarding with motorised wheelchair in Air India's subsidiary Alliance Air plane (News source: Mumbai Mirror )
Feb 21, 2021
Due to eleventh hour fiasco, Siddharth Mhatre was forced to travel by road for 18 hours
In an alleged incident of discrimination, a 32-year-old differently-abled person was denied boarding the national career Air India's subsidiary Alliance Air, along with his motorized wheelchair at the last moment.
The incident took place on February 15, 2021 when he arrived at Chhatrapati Shivaji Maharaj International Airport to travel to Diu to attend a wedding ceremony of his close friend scheduled for the next day.
Siddharth Mhatre, who works in facility management and is a resident of Dadar, says that the incident not only caused him mental and physical trauma but forced him to make an overnight journey by road.
"The negligence on part of the airlines took place even when tickets were booked a month ago and the travel agent had informed them about his physical condition, wheelchair requirement, and assistance for flight boarding in advance not once, but multiple times," alleges Mhatre.
Upon reaching the airport along with is friend with whom he was travelling, Mhatre had let his motorised wheelchair get past the security scanner first, but little did he know what would follow soon after.
"I approached the ticketing counter to get airport’s wheelchair after we failed to find Air India's 'Help Desk'. The ticketing staff managed to connect him with the airline's ground staff inside the airport and got the airport’s wheelchair. However, when we reached the check-in counter to get the boarding pass and check-in our luggage, the airline staff at the check-in counter denied him a boarding pass," says Mhatre.
The passenger also alleged that one of the staff members even asked him to show them if he could 'stand-up' on his crutches and walk.
Mhatre's friend Kevin Karani, who was traveling with him also questioned the staff as to why Mhatre couldn't board the flight when the travel agent had specifically mentioned at the time of booking the ticket about his disability and requirement. He also made the travel agent speak with the airlines' ground staff to find a solution.
Later, the ground staff somehow agreed to get Mhatre on-board but not before seeking a 'declaration letter' which they got him to sign.
Mhatre says that the declaration letter stated that if anything were to happen to him while boarding the flight, the airline would not be held responsible for the same and they would also immediately off-load him.
However, the problem was far from over when they again proceeded for check-in and boarding pass issuance. The staff denied him permission to travel on his motorized wheelchair and asked to put it with his check-in luggage and demanded charges.
"The airline ground staff demanded Rs 630 per kg extra (Rs 28,350) to get his motorized wheelchair (45kg) on board. We decided we would not pay the amount and asked for a solution, however, the airline staff denied taking any responsibility."
In this process, Mhatre's friend who was accompanying him was asked to run and reach the boarding gate and was threatened to be off-loaded from the flight if he did not make it in time.
Speaking to Mirror Online, Mhatre's father Dr Sanjay demanded action against the discriminatory behavior due to which his son had to undergo severe mental trauma and added that his son is 80 per cent physically challenged and the motorized wheelchair was his extension to have mobility and not a separate piece of luggage.
Following the whole fiasco, Siddharth had to then travel by road for 18 hours to reach the destination to attend an important event which he did not want to miss.
In response to Mirror Online questions, the airline said that ATR aircraft boarding steps are part of the fuselage with a capacity of a single person boarding at a time. In this type of aircraft Motorized equipment such as Ambulift cannot be used because of safety limitations and only one person boards at a time in the aircraft as a safety limitation.
"On humanitarian grounds after requests from passenger and his aide we agreed to accept the passenger. The aide also offered to help the passenger to board the aircraft. As per policy, we do offer a free weight allowance of 15 kgs for a wheelchair which is over and above the free check-in & cabin baggage. However, since the overall weight of the baggage and wheelchair was beyond the free permitted allowance, hence excess baggage amount was requested from the passenger which he did not agree to pay."
The airline further added that the ATR aircraft is small in size unlike the bigger jets with a capacity of only 70 seats thereby limiting our weight carrying capacity.
"Declaration letter was taken in the best interest of the passenger and safety precautions. We believe that everyone deserves smooth, uncomplicated service and this sorry situation led to the passengers' alteration of travel plans. We convey our deepest regret for any inconvenience caused and our endeavor is always to work towards becoming the most needs-friendly airline as we have displayed in the past and will continue in the future."
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