Airline Pays for Flight Cancellation: Consumer Court

Mumbai, Apr 16 (PTI) Cancelling a flight and later claiming that it was 'rescheduled' while blaming passengers for a 'no-show' amounts to "unfair trade practise', a consumer court has said, directing now-defunct Go Airlines to pay compensation.

In an order passed last month, the District Consumer Disputes Redressal Commission directed the airline (subsequently rebranded as Go First) to refund Rs 63,000 to a passenger and also pay him a compensation.



The complainant, a scientific officer with the Atomic Energy Regulatory Board, had booked group tickets for a Goa to Chandigarh flight of the for December 26, 2019.

As per his complaint, just three hours before departure he received an SMS and email stating that the flight had been cancelled, and offering him a choice between a full refund or rescheduling.

The complainant, who had to reach Chandigarh urgently, booked another flight, shelling out Rs 97,566, nearly 50 per cent more than what he had paid for the Go Airlines ticket.

But when he sought the promised refund, Go Airlines claimed that the flight had been "rescheduled" and not cancelled, and labeled the passengers as "no-shows." It refused a cash refund, offering only a restrictive "credit shell", the complainant stated.




The airline, in its reply before the commission, cited Directorate General of Civil Aviation rules to contend that it was not liable to pay compensation for cancellations or delays caused by 'force majeure' events or circumstances beyond its control.



The commission, in its March 23 ruling, rejected the company's defense, noting that the airline's own email on the day of travel had used the words "is cancelled."



Forcing a "credit shell" on a passenger who had already opted for a refund was arbitrary action, it said.

The airline's shifting stance from cancellation to claiming the flight was merely rescheduled and later labeling passengers as "no-shows" amounted to "unfair trade practice" and violated DGCA guidelines, the commission said, holding the carrier liable for "deficiency in service".

The commission led by President Pradeep Kadu and Member Gauri Kapse directed the airline to refund the ticket fare of 63,161 with 18 per cent interest per annum from December 26, 2019, along with Rs 25,000 as compensation for mental agony and inconvenience.



Additionally, it asked Go Airlines to pay Rs 20,000 to the complainant towards litigation costs.