Thursday, February 15, 2018

Airlines Liable to Pay Passengers for Denying Boarding: DGCA to HC

New Delhi: Aviation regulator DGCA has told the Delhi High Court that it does not permit the practice of overbooking of flights and the airlines are liable to compensate the passengers who are denied boarding despite having confirmed tickets.

Air India also conceded before the court that not permitting a passenger holding confirmed tickets to board a flight would amount to deficiency of service and the consumer has the right to seek compensation for it.
DGCA and Air India's response came on a petition filed by a person, questioning a 2010 CAR issued by DGCA, that recognises the concept of overbooking by airlines. The petitioner claimed that that the CAR allows overbooking of flights which cannot be permitted.

The court said a plain reading of the CAR provision relating to denied boarding indicates that the DGCA has recognised that certain airlines follow the practice of overbooking. However, it cannot be read to mean that the aviation regulator permits the airlines to do so, it said.

"It certainly cannot mean that such practice has the sanction of law," it said.

The petitioner's counsel argued that DGCA has no power to issue directions restricting the compensation payable to passengers, who were denied boarding.
15/02/18 News18.com

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