The Consumer Protection Act: Negligence of the Airline Authorities

Did you know that laws in India protect you from negligence of airline authorities? Look at it this way - delays at various airports have become part and parcel of our lives to an extent that we prepare ourselves mentally for it. Has the negligence of an Airway Corporation ever been a cause of your suffering? Did you ever consider approaching the court to file a lawsuit against the airlines authorities? Airlines authorities slip on a number of important things due to which passengers have no other option but to suffer and adjust to the situation. The Consumer Protection Act has the answers for you so that you, as a consumer, will not have to suffer any such deficiency in airline services.

The Consumer Protection Act: Examples of Deficiency

Here are some examples of deficiency in the context of the Consumer Protection Act:

  • Delay in flight due to negligence of the company.
  • Delay in refunding the money of unutilized tickets.
  • Delay in delivery of baggage.
  • Inability to provide seats to passengers with confirmed tickets.
  • Loss of luggage due to negligence.
  • Any kind of physical injury or disability caused.
  • Inconvenience caused due to rescheduling of flight.
  • Any type of adulterated food served.

The Consumer Protection Act: Indian Airways

In the context of the Consumer Protection Act, let us talk about the Indian Airways, which is managed by the Ministry of Civil Aviation. Thousands of people travel via airways on a daily basis. The Indian Airways is governed by the Air Corporation Act. To offer airline services, the service provider requires a recognized license. Airline services can be sorted as:

  • Intercontinental
  • Intra Continental
  • International
  • Domestic

Also, based on the Air Corporation Act, the term "air transport service" means a service for the transport by air of persons, mails or any other thing, animate or inanimate, for any kind of remuneration whatsoever, whether such service consists of a single flight or a series of flights.

The Consumer Protection Act: Negligence of Airways causing Disability

The following is an interesting case that came under the purview of the Consumer Protection Act. In Sunil Kumar Nair v The General Manager, International Airport Authority of India and Another (1996) I CPR 361 (Tamil Nadu CDRC), the complainant stated he was at the Madras International Airport to board a flight to the US. Suddenly, the victim got hit by a heavy iron rod on his foot. The iron rod fell from the scanning machine. He alleged negligence on the part of the Airways.

The Tamil Nadu State Commission held the airways liable for failure to maintain the machine properly and awarded the victim a compensation of Rs.30000. 

Final Legal Take Away Tip: Knowing your rights under the Consumer Protection Act will help you assert your rights at the right time when you face any kind of deficiency in service on the part of the Airway Corporation.
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Thanks for this info. I have been a victim of negligence by airport authorities. My luggage stayed in Kolkata airport while I was waiting for it at my home airport. Luckily the luggage didnt contain any valuable stuff. I really had to sweat it out to get the luggage back and it was literally a slugfest with the airport authorities.

Such things happen regularly in every airport. Unfortunately only 1 in 20 know about the compensation claims and consumer protection. Hope this article will help people who fly especially during the winters.

I would like to know how to complaint against Qatar Airlines.

my husband Lt Col P Mukhopadhyay was travelling by SG-852,PNR No Y5TBDX on 14th feb '11 from jammu to delhi.he had purchased a gold ring which he kept in his hand bag.at jammu airport the girl at the x-ray machine saw the bag & asked him to register in the check-in -baggage.suddenly a boy appeared & took my husband's bag first even though there were other bags before it.it seems the girl had signed to him that a gold ring was in the bag.when he reached delhi ,he found that his bag was opened & ring taken out.he registered a complain with police station domestic airport palam FIR No 12205.till now spice jet was unable to search the ring& is not giving us any compensation.it was a security lapse on behalf of the airlines & its staff ,he should get compensation.

I would like to know how to complain against Mr. Rajeev Chauhan(Managing Director),Mr. Rahul Arora(Manager operations) and Mr. Kunal Rao( ex-operator) of "Divino Indian Memoirz Tours Pvt. Ltd." of New Delhi-110066, who was irresponsible, unfaithful and a cheater in our recent tours( tour-1 & tour-2) from 09/01/11 to 15/02/11 in India.They promised many things and also charged but not fulfilled,and this is true so that all the documents can be shown.They should give compensation.

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