Delhi High Court grants stay order against GoAir
28-Dec-2007 |
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(c) Centre for Asia Pacific Aviation: The Hon’ble Delhi High Court has granted stay order on the verdict passed by Delhi State Consumer Disputes Redressal Commission (SCDRC) against GoAir to award compensation of INR15,000 (USD379) to each passenger of a cancelled flight, by a Bench comprising Hon’ble Justice Pradeep Nandrajog.
Delhi State Commission while dismissing the appeal at admission stage enlarged the scope by passing the order without issuing notice to the Petitioner. The SCDRC had also failed to take into consideration various aspects such as the fact that the Complainant had not provided his contact number for the purpose of any communication and had not taken into account the terms and conditions of contract of travel. The SCDRC Order also stated that the complainant’s ticket was cancelled by the airline, as he failed to confirm the departure time of the flight, which was not true.
It should be noted that GoAir had taken all necessary steps to inform the passenger about the flight cancellation through the travel agent with whom the complainant had booked the tickets. This is because the passenger had given the travel agent’s contact number as the contact number on which the complainant should be contacted. According to set procedures followed by GoAir, the airline had communicated the flight cancellation on this number. Moreover, as a standard operating procedure, in case of a flight cancellation on account of conditions beyond the control of GoAir, the affected passengers are given the options of free re-bookings on GoAir flights on the next scheduled GoAir service on the same sector. Those customers who are unwilling to avail the free re-booking facility are provided with the option of a full-refund for their bookings as paid by the passenger.
It should also be noted that airport infrastructure in India has not been able to keep pace with the growth in airline passenger traffic resulting in congestion and continued bottlenecks in-air and on-ground which are major contributors towards flight delays and flight cancellations. Any problem at any end of the network triggers a chain reaction disrupting the entire service. The SCDRC in its ruling had not considered these issues which result in delay and cancellation of flights. |
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Delhi High Court grants stay order against GoAir 
