Delhi District Commission Holds Alliance Air Aviation Liable For Delay In Flight Causing Mental Agony To Passengers

The District Consumer Disputes Redressal Commission, Delhi bench comprising Suresh Kumar Gupta, President and Harshali Kaur, Member has held Alliance Air Aviation liable for deficiency in service for a 6-hour delay in departure of the flight causing mental agony to the passengers. The bench also held the airline liable for negligence for detection of a technical glitch in the aircraft after boarding of the passengers was completed. Brief facts: The complainants were to board a flight of Alliance Air ('Airline') at 11:30 am from New Delhi to Gorakhpur on 05.06.2022 to attend a religious ceremony. The complainants reached the airport at 08.00 am, cleared pre-departure steps at 9:30 am and were ready to board the flight at 10:45 am. However, the flight did not depart till 12:30 pm. The complainants stated that neither the air-conditioning was working nor refreshment/water was offered. At 1:00 pm, the plane was pushed back but was again parked and the complainants were told to de-board the plane. The complainants did not receive any information for four hours and again boarded the flight after 51/2 hours of the original departure time. The flight finally departed at 05:30 p.m. On 06.06.2022, the complainants sent an email to the airline for mental harassment and deficiency in service. The airline replied on 17.06.2022 refusing to grant any compensation. As per the airline, the delay was due to engineering snag, technical issues and safety of passengers. Hence, a complaint was filed by the complainants before the district commission praying for appropriate compensation. The airline failed to file its reply within the prescribed time period. Hence, its defence was closed by the commission vide order dated 06.01.2023. Observations of the commission: The bench examined the air ticket as per which the airline would not be liable for delays/cancellations due to bad weather or reasons beyond its control. The bench then relied upon the Civil Aviation Requirements (CAR) dated 06.08.2010 issued by the Directorate General for Civil Aviation (DGCA) with respect to facilities to be provided to passengers in case of delayed boarding or cancellation. It was observed that as per para 3.4.1 read with 3.6.1, in case the airline expects a delay beyond the original time of departure, the passengers shall be offered free meals and refreshment. Further, as per para 3.8.1 the airline shall display their policies on its website in regard to compensation, refund and the facilities that will be provided by the airline in case of cancellations/ delays and which was not complied with by the airline. Thus, it was observed that there was an obligation on the airline to provide facilitation to the passengers in case the flight got delayed. The bench further observed that the aircraft should have been in a good running condition once the boarding was started and the technical glitch should have been checked prior to boarding. The bench observed that the delay was not due to any bad weather or non-clearance from the ATC and the checking of the aircraft was within the ambit of the airline. Thus, the airline was held liable for negligence for detection of engineering snag after the aircraft was pushed from its bay at 12:55 hours though the departure time was 11:30 hours. It was held that there was nothing on record to show that the delay was for reasons beyond the control of the airline. The bench also took note of the mental torture to the passengers who were de-boarded and were not even served with water/meals. Hence, the airline was held liable for deficiency in service. Thus, the complaint was allowed and the airline was directed to pay Rs. 50,000 as compensation for mental harassment, agony and litigation expenses. Case Title: Main Wati Devi & Anr vs Alliance Air Aviation Ltd Case Number: Consumer Complaint DC/84/CC/242/2022 Date of Decision: 07.07.2025Click Here To Download Order/Judgement

Delhi District Commission Holds Alliance Air Aviation Liable For Delay In Flight Causing Mental Agony To Passengers

Aakanksha Bajoria

Tags