The Supreme Court of India has dismissed a Public Interest Litigation (PIL) that challenged the flight cancellation policy of the country's largest airline, IndiGo. The petition, which sought compensation for affected passengers, was found to lack merit by a bench of the apex court.
Court's Verdict on the PIL
A bench comprising Justices B R Gavai and Sandeep Mehta heard the plea filed by an organization called 'The Public Cause'. The petitioner had argued that IndiGo's policy of cancelling flights and offering only a full refund, without additional compensation, was unfair to passengers. They contended that this practice violated the Directorate General of Civil Aviation (DGCA) norms and consumer rights.
The Supreme Court, however, did not agree with these arguments. The bench stated that it found no substance in the PIL and subsequently dismissed it. The court's order effectively upholds the airline's current policy regarding cancellations initiated by the carrier itself.
Details of the Petition and IndiGo's Stance
The PIL specifically targeted IndiGo's standard procedure when it cancels a flight. Typically, the airline informs passengers and provides them with options such as a full refund, rebooking on an alternative IndiGo flight, or a credit shell for future travel. The petitioner's core grievance was that this did not include mandatory monetary compensation for the inconvenience caused, unlike regulations in some other jurisdictions.
The petitioner had urged the court to direct IndiGo to pay compensation to passengers whose flights were cancelled. They also sought a directive for the DGCA to enforce stricter rules on compensation for flight cancellations and delays across the Indian aviation sector.
IndiGo, represented by its legal counsel, defended its policy as being in compliance with existing Indian regulations. The airline likely argued that its terms and conditions, which passengers agree to at the time of booking, clearly outline the remedies available in case of a cancellation.
Implications for Air Passengers in India
This Supreme Court decision has significant implications for the flying public. It reinforces the current regulatory framework where compensation for cancellations is not automatically mandated by law, unless the cancellation is due to factors within the airline's control and it fails to inform the passenger sufficiently in advance.
The ruling underscores that the primary recourse for passengers on a cancelled IndiGo flight remains the options provided by the airline: refund, rebooking, or a travel credit. It places the onus on the regulatory body, the DGCA, to formulate any new rules on passenger compensation.
Consumer rights advocates may view this as a setback, arguing that it leaves passengers vulnerable to last-minute disruptions without adequate financial recourse. The aviation industry, however, might see it as a validation of existing practices that consider the operational and economic challenges airlines face.
The dismissal of this PIL means that any broad change in compensation policy would now require intervention either from the DGCA through new regulations or from the legislature. For now, passengers are advised to carefully read the terms and conditions of their airline ticket and consider purchasing travel insurance for additional protection against unforeseen cancellations.
