Flight Cancellation Without Prior Intimation: Chandigarh State Commission Holds Air India, Travel Agent Liable

The State Consumer Disputes Redressal Commission, Chandigarh, comprising Justice Raj Shekhar Attri (President) and Preetinder Singh (Member), held Air India and Alhind Tours and Travels lia-ble for deficiency in service for failing to inform the passenger of the flight cancellation. The Commission partly allowed the appeal and held that while the airline bears primary responsibility for operating the flight and communicating cancellations, the travel agent also owes a duty of care to ensure that the passenger is duly informed, having issued the ticket and received payment. Brief Facts The complainant, Sohil Bhasin, a professional consultant, was engaged by a firm in Sharjah to provide consultancy services and was scheduled to attend a meeting on 21-05-2022. Pursuant to the said travel, the complainant booked a flight ticket with Air India (OP No. 1) from New Delhi to Sharjah for 20-05-2022 through a travel agency, Alhind Tours and Travels (OP No. 2), at a cost of AED 510. Upon arriving at the Delhi Airport, the complainant discovered that the flight had been cancelled without any prior intimation. He was therefore compelled to purchase a new ticket for 21-05-2022 at an additional cost of AED 270 (Rs. 6,075) after adjustment of the earlier fare. Owing to this de-lay, the complainant missed his scheduled meeting and consequently suffered a loss of his profes-sional fee. Aggrieved by the loss of income and incurring additional expenses, he filed a consumer complaint alleging deficiency in service before the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh. The Commission partially allowed the complaint and held the travel agency lia-ble, directing it to refund Rs. 6,075, pay Rs. 30,000 as compensation for mental agony, and Rs. 35,000 towards litigation costs, while dismissing the complaint against Air India. Seeking higher compensation, the complainant approached the State Consumer Disputes Redressal Commission, Chandigarh. Arguments by the Opposite Parties Air India Limited (OP No. 1) admitted to the booking but stated that AED 455 was refunded through the travel agent on 21-05-2022 as per standard procedures. Relying on DGCA norms, it contended that flight cancellations were permissible and that intimation had been given to the agent, who was responsible for informing the passenger, thereby denying any deficiency or liabil-ity. It further submitted that there were no direct contractual dealings with the complainant regard-ing refunds or rebooking and that it cannot be held liable for any cancellations. Alhind Tours and Travels Pvt. Ltd. (OP No. 2) stated that there is no privity of contract between the complainant and them. They contended that the complainant had actually availed services from Alhind & Middle East Travels LLC, Dubai, UAE, which is a separate and distinct legal enti-ty, and therefore any liability would lie with the said entity and not with them. Observation by the Commission The State Commission held that both the airline operator and the booking agent are jointly respon-sible for failing to inform the passenger regarding any flight cancellation. The Commission ob-served that the obligation to inform a passenger about a flight cancellation cannot be assigned in a manner that absolves one party at the expense of the other. It noted that while the airline bears the primary responsibility for operating the flight and communicating any cancellations, the travel agent also owes a duty of care to ensure that the passenger is duly informed, having issued the ticket and received payment. Furthermore, the Commission noted that both Air India and the travel agent form part of the same chain of service and have access to the passenger's contact details and booking information. It em-phasized that a consumer cannot be left remediless due to internal arrangements between service providers and accordingly held both parties jointly and severally liable for deficiency in service. The Commission set aside the finding of the District Commission to the extent it exonerated Air India. Accordingly, the Commission partly allowed the appeal and modified the order of the District Commission by holding both Air India Limited and Alhind Tours and Travels Pvt. Ltd. jointly and severally liable. It directed them to refund Rs. 6,075 (AED 270) along with interest at 9% per an-num from the date of institution of the complaint (20.12.2022), to pay Rs. 1,00,000 as enhanced compensation for mental agony and harassment, and Rs. 35,000 towards litigation costs. Case Title: Sohil Bhasin vs Air India Through Its Managing Director FA No.: SC/4/FA/260/2025 Click Here To Read/Download Order

Flight Cancellation Without Prior Intimation: Chandigarh State Commission Holds Air India, Travel Agent Liable

Muhammed Razik

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