Flight cancelled? Airline must pay for not informing

Pushpa Girimaji

Recently, I became victim of an airline’s failure to inform me of a cancelled flight. I was travelling for work and when I reached the airport, I was told that my flight was cancelled. This upset all my schedules. Had I been informed earlier, I could have booked myself on another flight. When I demanded compensation, the airline said it was not bound to pay as the cancellation was due to circumstances beyond its control. I now want to file a complaint against the airline and would like a case law to support my claim. Can you please cite a recent case?

In Air India (NACIL) Vs Ashok Kumar Singla (RP NO 2547 of 2017, decided on August 19, 2019) the National Consumer Disputes Redressal Commission decided on a similar issue. Here, the complainant was booked to travel from Delhi to Mumbai on May 27, 2012. However, the airline cancelled the flight on account of strike by the pilots and the complainant came to know of it only when he reached the airport. 

In response to his complaint, the District Consumer Disputes Redressal Forum directed the airline to refund the cost of the ticket (Rs 4,640) along with 9 per cent interest, Rs 50,000 as compensation and Rs 5,100 as costs. When the State Consumer Disputes Redressal Commission too upheld this verdict, the airline filed a revision petition before the apex consumer court.

The airline’s contention was that, first of all, the passenger had booked his ticket through an agent and neither his phone number nor the e-mail id was made known to them. Secondly, the flight got cancelled on account of the strike by the pilots. As this falls under the category of ‘Force Majeure’ or circumstances beyond the control of the airline, as per the Directorate Generate of Civil Aviation Rules, they were not bound to pay any compensation. 

The airline also quoted a decision of the Supreme Court in Inter Globe Aviation Ltd Vs N Satchidanand (CA No 4925 of 2011) in support. In that case, the SC had held that compensation has to be paid when there is deficiency in the service provided or negligence in providing facilities. However, when there is a delay on account of circumstances beyond the control of the airline, the service provider is not liable to pay compensation.

Dismissing these arguments of the airline, the National Commission said the Inter Globe case cannot be applied here because the facts were different and it was a case of delay, while here, it was a case of cancellation. It also pointed out that the remedy under the Consumer Protection Act is an additional remedy or an alternate remedy.

“In the present case, it is clear that the complainant/passenger must have suffered lot of mental agony when he goes to the airport and comes to know that his flight has been cancelled. He may have to make alternate arrangements to go to his destination. As stated above, he is entitled to compensation in the light of section 3 of CP Act, 1986 which allows filing of the complaint as an alternate remedy,” the Commission said. However, it felt that the compensation of Rs 50,000 was on the higher side and reduced it to Rs 10,000, while upholding the refund along with 9 per cent interest and Rs 5,100 as cost of litigation.

The airline is certainly going to argue that the cancellation was on account of circumstances beyond its control and is not liable to pay compensation as per DGCA rules. So will that go against my claim? 

I do not know under what circumstances the airline cancelled its flight and whether it really comes under the category of ‘Force Majeure’. Even if it does, the airline is liable for not informing you. In this age of communication, the it could have called, send a text message, e-mailed you, WhatsApped you — there are so many options. So there is absolutely no excuse for failing to send you a message. And even if the cancellation comes under ‘Force Majeure’, you are entitled to compensation because of the negligence of the airline in failing to inform you. That should be your main contention here. Of course, how the airline behaved with you when you reached the airport and found the flight cancelled is also important here and can give raise to further claim for compensation.