Can an airline indulge in gross overbooking of seats and then cancel confirmed tickets and take no responsibility for it?

Well, airlines might argue that they can, but a recent decision of the apex consumer court makes it clear that such a practice constitutes deficiency in service and also an unfair trade practice and an airlines guilty of such practices has to pay a steep price.

This order of the National Consumer Disputes Redressal Commission has its origin in the three complainants, Dr Mary Ramaswamy and her two daughters, being denied boarding on the Chennai-Singapore flight on the grounds that they had not reconfirmed their tickets. Eventually, they were allowed to fly the next day, but the delay resulted in their missing the connecting flight to Melbourne and reaching their destination late by over 36 hours.

Upholding the order of the state consumer commission asking Air India and the travel agent, Travelon Worldwide, Chennai, to jointly and severally pay Rs 25,000 as compensation and Rs 5,000 as costs to each of the complainants, the commission said the airline had overbooked to the extent of 200 per cent and had to pay for that. Second, since the ticket was already confirmed, there was no need for any re-confirmation. If the airline still wanted it, the responsibility was on its part to do so. It cannot plea that the travel agent did not respond to its query (Air India vs Dr Mary Ramaswamy, RP No. 636 of 2012).

This case goes back to 2002, much before the director general of civil aviation mandated how airlines should treat passengers who are denied boarding. Issued in 2010, the civil aviation requirements (CAR) on “Facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights”, holds the airline liable to pay compensation to passengers who are denied boarding, in addition to refund of the ticket amount. This compensation varies from Rs 2,000 to Rs 4,000. The CAR also makes it clear that airlines have to provide meals, refreshments and hotel accommodation if need be, to passengers who opt for alternate flights or arrangements.

However, there is a clear message for all airlines in the order of the National Commission that they have to accept responsibility for the mistakes, minimise the inconvenience to the passengers and compensate them for the hardship caused. Or else, the airlines will end up paying much more than what the DGCA has mandated (for denied boarding).