Understanding Your Basic Rights
Air passenger rights in India are defined by the Directorate General of Civil Aviation (DGCA) in its Civil Aviation Requirements (CAR). These rules are not mere suggestions; they are legally binding obligations for all scheduled flights operating to,
from, or within India, regardless of the airline's nationality. The Ministry of Civil Aviation summarises these rules in a document called the Passenger Charter. This framework ensures that in cases of flight delays, cancellations, and denied boarding due to overbooking, you are entitled to specific forms of assistance and, in some cases, financial compensation.
When Your Flight is Delayed
Unlike some international regulations, DGCA rules do not provide direct cash compensation for delays. Instead, they mandate a 'duty of care' from the airline, which escalates with the length of the delay. If your flight is delayed by two hours or more, the airline must provide you with free meals and refreshments. If a domestic flight delay exceeds six hours, you have the right to choose between a full refund or an alternative flight. For overnight delays (typically a delay of over 6 hours for flights scheduled between 8 p.m. and 3 a.m.), the airline must provide free hotel accommodation along with airport transfers. Crucially, this duty of care, including meals and hotels, applies even if the delay is caused by 'extraordinary circumstances' like bad weather, for which cash compensation is not payable.
If Your Flight is Cancelled
If your flight is cancelled, your entitlements depend on when you were notified. If the airline informs you of the cancellation less than two weeks before departure and fails to arrange an alternate flight that suits you, you are entitled to a full refund. If you are informed about the cancellation less than 24 hours before departure, or if you miss a connecting flight booked on the same ticket, you are entitled to compensation. According to DGCA regulations, this compensation can range from ₹5,000 to ₹10,000, depending on the flight's block time, in addition to a full refund. Airlines are obligated to process refunds within 7 working days for card payments and 14 working days for tickets bought via agents.
Denied Boarding Due to Overbooking
Airlines in India are legally permitted to overbook flights. If you have a confirmed ticket and check-in on time but are involuntarily denied boarding, you are entitled to significant compensation. Before bumping anyone, the airline must first ask for volunteers willing to take a later flight in exchange for benefits. If you are involuntarily bumped, the airline must arrange an alternative flight. If this alternate flight is scheduled to depart within 24 hours of your original flight, you are owed compensation of up to 200% of your one-way base fare plus fuel surcharge, capped at ₹10,000. If the alternate flight is more than 24 hours later, the compensation rises to 400%, capped at ₹20,000. This is in addition to a full refund if you choose not to travel.
The 'Extraordinary Circumstances' Exception
Airlines are not required to pay monetary compensation for disruptions caused by events beyond their control. These 'extraordinary circumstances' or 'force majeure' events include bad weather, political instability, security risks, and air traffic control restrictions. However, this exemption only applies to the cash compensation component. The airline's 'duty of care' remains, meaning they are still obligated to provide meals and refreshments for delays, and hotel accommodation for overnight disruptions, even if caused by weather.
How to Make a Claim
Your first step should always be to contact the airline directly. You can do this at the help desk at the airport or through their customer service channels. It's vital to get written confirmation of the disruption, especially for a denied boarding. If the airline does not provide a satisfactory resolution, your next step is to file a grievance on the AirSewa portal (airsewa.gov.in) or its mobile app. This platform, managed by the Ministry of Civil Aviation, is a formal mechanism for grievance redressal. You should file your complaint promptly, providing your flight details and any supporting documents. If you are still unsatisfied, you have the right to approach a consumer court for deficiency of service.
