All airlines promptly take the telephone numbers of the passengers at the time of booking the ticket — how many ever bother to call up and inform the passenger if the flight is delayed? How many provide refreshments to stranded passengers when a flight is rescheduled? Or for that matter, give passengers accurate information about a delayed flight when they call?
In one of the earliest cases, the apex consumer court had warned airlines that they may escape liability for delays, when they are caused by circumstances beyond their control such as a bird hit or bad weather. However, the consumer courts would be inclined to award compensation to stranded passengers who are not treated with due respect and provided all facilities such as food and water, accommodation where needed and also medical and paramedical facilities. Failure to provide these amenities constitute negligence in the service, the court had said.
Thus in the case of Station Manager, Indian Airlines vs B.B. Das, even though the consumer court did not allow any compensation for flight delay, it held the services of the airline to be deficient in so far as its attitude to the waiting passengers was concerned and awarded the consumer Rs 2,000 as compensation. It also pointed out that the immunity granted under the non-international carriage (passenger and baggage) regulations could not absolve the officers of failing to show minimum courtesy towards the passengers.
More recently, the apex consumer court made it clear that airlines cannot escape liability for delays and cancellations, which are not caused by circumstances beyond their control. M.K. Abdul Majeed, who was to travel to Agra for a conference, was to fly from Thiruvananthapuram to Mumbai by Air India and then catch another flight to Delhi for his onward journey to Agra. On the day of the journey (April 7, 1999), Majeed, along with other passengers, boarded the aircraft at 8 am. After making them wait three hours, Air India announced cancellation of the flight. With great difficulty, Majeed managed to get on to another flight and reached Delhi by 11.45 pm and take a taxi at midnight to Agra, and travel thro- ugh unfamiliar territory, causing him anxiety and stress.
Air India’s contention was that cancellation was caused by unexpected circumstances. The pilot operating the flight from Dubai to Thiruvananthapuram was to take the aircraft further to Mumbai. However, since the flight from Dubai was delayed, he would have exceeded his working hours and would have faced disciplinary action. Therefore, the flight had to be cancelled.
Holding the airline guilty of negligent service, the apex consumer court pointed out that when the incoming flight from Dubai was delayed, the airline should have made some alternate arrangements to get another pilot to operate the flight to Mumbai. Cancelling the flight and leaving the passengers to fend for themselves was an act of gross negligence. It therefore upheld the compensation of Rs 21,300 awarded to Majeed by the lower court (RP No 1136 of 2002).
