CHENNAI: Pay for business class, travel in economy section. This was the service Lufthansa , the largest airline in Europe, delivered to a wheelchair-bound, 70-year-old passenger. The hospitality has cost the flight carrier Rs 20 lakh.

The state consumer disputes redressal commission here directed the airline to pay Rs 20 lakh to the consumer, who had undergone three surgeries for his heart ailment, for having forced him to travel in economy class despite having paid for a business class ticket.

Shiv Prakash Goenka , MD of a private company, had booked a business class seat from Frankfurt to Chennai, well in advance, for his trip on October 10, 2010. After boarding the flight, he was allotted an economy class seat. The airline then provided him a compensation voucher for 1500 euros. After he arrived in the city, he sent the voucher back to the airline along with a legal notice. As the airline failed to reply, he moved the commission.

In his submissions to the commission, Goenka said he was particular about the business class seat because of his “advanced age and health condition.” After the airline allotted a seat in the wrong section, “he was dumbfounded and lost the presence of mind to agitate and ask for his original seat.” The flight staff then “thrust upon him the compensation voucher.”

As he was “sandwiched between two passengers, he could not bear the physical strain of the journey.” Because he “suffered discomfort and deterioration in health,” the airlines was liable to compensate him for unfair trade practice, he said.

Negating his arguments, Lufthansa said Goenka had, by his own volition, accepted a seat in economy class after accepting the voucher. In fact, after seeing his medical condition, the airlines had offered him a double seat. The elaborate factual matrix of the case meant it could only be tried in a civil court. Also, according to European Union regulations (EC No 261/2004), Goenka had been adequately compensated, said the airline.

The bench of president R Reghupathy, judicial member J Jayaram and member P Bakiyavathi said the matter was within the jurisdiction of consumer forum. “It was obvious that Goenka was forced to accept the voucher at the airport under coercive circumstances…we cannot expect him to miss the flight after shouting and arguing…”

Also, “simply because the EC regulations permitted it, Goenka’s seat could not be downgraded.”

Stating that along with physical discomfort, Goenka had suffered mental agony and humiliation and finding the airline responsible for unfair trade practice, the bench directed it to pay compensation.