Civil Aviation Rules Do Not Absolve Airlines For Cancellation Due To Force Majeure Events, Mohali District Commission Directs Air India To Refund Amount

Brief Facts:

Mrs. Kanwaljit Kaur (“Complainant”) arranged a visit to Canada to reunite with her family members. She procured tickets for the journey through Travel Trendz (“Travel Agency”) and made advance payments for the same. The Complainant boarded Air India Airlines flight A1-188 in Toronto to Chandigarh via New Delhi. However, upon arrival in New Delhi, she was informed of a two-hour delay in the flight's departure time to Chandigarh. Subsequently, at around 9:00 p.m., the airline staff abruptly cancelled the flight without offering any alternative arrangements, causing the Complainant significant distress and inconvenience. Thereafter, the Complainant made several communications with Air India but didn't receive any satisfactory response. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Mohali (“District Commission”) and filed a consumer complaint against Air India and the Travel Agency.

In response, Air India refuted any proof of deficiency in service or any damages suffered by the Complainant. Consequently, it prayed for the dismissal of the complaint.

Observations by the District Commission:

The District Commission noted that even after the cancellation of the flight, Air India didn't refund the ticket price to the Complainant. Further, the District Commission noted that the rules of the Directorate General of Civil Aviation (DGCA), particularly Clause 1.4, provide that airlines are not obligated to provide compensation in cases of cancellations or delays caused by force majeure events. However, it held that Air India was still liable to refund the amount paid by the Complainant for travel from Delhi to Chandigarh. It held that this rule does not absolve Air India of the obligation to refund the amount charged for the journey.

Therefore, the District Commission held Air India liable for deficiency in services and directed it to refund Rs. 6,464/- to the Complainant within 30 days from the date of receipt of a certified copy of the order. Additionally, it was directed to pay Rs. 20,000/- as compensation for the mental distress, harassment, and litigation expenses endured by the Complainant.