Air­lines li­able to pay pas­sen­gers for deny­ing board­ing: DGCA tells Delhi HC

Hindustan Times ST (Jaipur) - - Nation - Press Trust of In­dia let­ters@hin­dus­tan­

Avi­a­tion reg­u­la­tor Di­rec­torate Gen­eral of Civil Avi­a­tion (DGCA) told the Delhi high court that it does not per­mit the prac­tice of over­book­ing of flights and the air­lines are li­able to com­pen­sate 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.

Af­ter not­ing the DGCA and Air In­dia’s stand, jus­tice Vibhu Bakhru said it was not nec­es­sary to ex­am­ine the ques­tion whether the avi­a­tion reg­u­la­tor had the ju­ris­dic­tion to is­sue the Civil Avi­a­tion Reg­u­la­tions (CAR) in this re­gard.

DGCA and Air In­dia were re­spond­ing to a pe­ti­tion that ques­tioned a 2010 CAR is­sued by DGCA, that recog­nises the con­cept of over­book­ing by air­lines.

The pe­ti­tioner claimed 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.


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