Flight cancelled, family ‘forced’ to extend Goa stay, airline ordered to pay Rs 64,000

Case

The complainant stated that he had booked tickets worth Rs 82,588 for himself and three accompanying passengers for a trip from Amritsar to Goa and back. The complainant alleged that he received an email stating that his scheduled return flight had been cancelled and his journey rescheduled for the following day. It was stated that due to such last-minute cancellation of the flight, the complainant and his family were left stranded at Goa with no option but to arrange an emergency stay for the night.

The complainant stated that he subsequently sought reimbursement of the hotel bill and compensation but the airline, however, rejected the claim. Feeling aggrieved, the complainant moved consumer commission.

The airline argued that the cancellation was due to circumstances beyond its control i.e. dense fog causing poor visibility at Amritsar. It was stated that as a direct consequence of the cancellation, clearance from the Air Traffic Control (ATC) could not be obtained in a timely manner which in turn, led to the cancellation of the flight.

It further stated that the complainant voluntarily opted to travel on the rescheduled flights and thereafter completed his journey without difficulty. The airline also added that bad weather constitutes a force majeure/extraordinary circumstance and that no compensation is payable where cancellation is caused by circumstances beyond the control of the airline.

The commission accepted that an airline could not be expected to operate an aircraft in unsafe weather conditions and that passenger safety was paramount. However, it said this did not absolve the airline of its responsibility to assist passengers after cancelling a confirmed flight.

“The passenger cannot be expected to bear an otherwise unavoidable and documented expenditure when the airline has neither arranged accommodation nor shown that it made any meaningful offer of assistance,” the commission said.

It therefore directed to reimburse Rs 14,000 to the complainant towards the hotel accommodation expenditure. The commission noting that the complainant and his family had planned their journey on the basis of a confirmed itinerary and sudden cancellation of the flight while they were away from their home city caused inconvenience and mental harassment directed the airline to pay compensation of Rs 30,000 and litigation expenses of Rs 20,000 to the complainant.

Takeaway

Even when a flight is cancelled due to bad weather, an airline may still be required to provide reasonable assistance to stranded passengers. Simply offering a rescheduled flight does not necessarily absolve it of liability for documented, unavoidable expenses such as emergency hotel accommodation incurred because of the disruption.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Punjab: 0800–22577) and Union territories or call the National Consumer Helpline at 1915 for assistance.

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