Pranav B Prem

The District Consumer Disputes Redressal Commission, South-West Delhi, has held Alliance Air Aviation Ltd. liable for deficiency in service and negligence after a six-hour delay in its New Delhi–Gorakhpur flight caused significant mental agony to passengers. The bench comprising Mr. Suresh Kumar Gupta (President) and Ms. Harshali Kaur (Member) directed the airline to compensate the complainants with ₹50,000 for the mental harassment and litigation expenses caused due to the delay and poor handling of the situation.

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The complaint was filed by two passengers who had booked flight no. 91809 of Alliance Air scheduled to depart at 11:30 AM from Terminal 3 of IGI Airport, New Delhi, on June 5, 2022, to attend a religious ceremony in Gorakhpur. The complainants arrived at the airport at 8:00 AM and completed all pre-departure procedures by 9:30 AM. However, despite being ready to board by 10:45 AM, the boarding gates were only opened at 12:00 noon, and the flight did not depart as scheduled.

The passengers alleged that the aircraft’s air-conditioning system was non-functional and that no refreshment or water was provided during the delay. The aircraft was pushed back at 1:00 PM, only to be returned to the bay minutes later due to an engineering snag. The passengers were made to de-board without being given any further information or services during the next four hours. Eventually, after more than five and a half hours of delay, they re-boarded the flight, which finally departed at 5:30 PM.

Aggrieved by the ordeal, the complainants sent an email to the airline on June 6, 2022, seeking compensation for the mental harassment and deficiency in service. The airline, in its response dated June 17, 2022, refused compensation, stating that the delay was due to a technical issue that required maintenance and clearance for passenger safety.

The airline, however, failed to file a reply to the complaint within the stipulated time. Consequently, its right to defend the matter was closed by the Commission’s order dated January 6, 2023. Relying on the unrebutted version of the complainants and the documentary evidence, the Commission proceeded to decide the matter.

In its analysis, the Commission observed that the airline could not absolve itself of liability merely by citing an engineering snag. The bench noted that there was no evidence of bad weather, Air Traffic Control delays, or any other uncontrollable circumstance. It emphasized that the aircraft should have been in operational condition before boarding began, and the detection of an engineering issue only after the aircraft was pushed back from the bay at 12:55 PM (almost 1.5 hours after the scheduled departure time) clearly indicated negligence in maintenance.

The Commission referred to the Civil Aviation Requirements (CAR) dated August 6, 2010, issued by the Directorate General of Civil Aviation (DGCA), which mandates that airlines must provide free meals and refreshments to passengers in case of delayed flights beyond specific durations. It found that Alliance Air had failed to comply with the requirements under Para 3.4.1 read with Para 3.6.1 of the CAR, which entitled the passengers to such facilities. Furthermore, the bench noted that there was no record to show that the airline had displayed its compensation and refund policies on its website, as mandated under Para 3.8.1 of the same regulations.

The Commission held that the six-hour delay, coupled with the lack of communication, basic facilities, and proper pre-boarding checks, amounted to both deficiency in service and negligence. The long and unexplained delay caused severe mental stress to the complainants, who were unable to attend their religious ceremony, and the failure to even provide water or refreshment exacerbated the suffering.

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Accordingly, the complaint was allowed, and the Commission directed Alliance Air to pay a total of ₹50,000 to the complainants as compensation for mental harassment, agony, and litigation expenses. The Commission also stated that failure to comply with the order within 45 days from receipt would make the airline liable to pay interest at the rate of 6% per annum on the said amount from the date of the order until its realization.

Cause Title: Mainwati Devi & Anr V. Alliance Air Aviation Ltd

Case No: Consumer Complaint DC/84/CC/242/2022

Coram: Hon'ble Mr. Suresh Kumar Gupta [President], Hon'ble Ms. Harshali Kaur [Member]