ARUN JAIN Vs. THAI AIRWAYS INTERNATIONAL LTD

JUDGEMENT

(1.) COMPLAINANT was denied boarding by opposite party-Airlines though he was holding a valid confirmed ticket. The case pertains to what is known as 'Denied Boarding Compensation' (DBC). There is no law in our country which prescribes amount of compensation in the case of DBC and it would depend on the contract between the passenger and the Airlines. In case of there being no such contract passenger will be awarded compensation under the Law of Torts. Consumer Courts in our country, even Courts in England, have in consumer disputes awarded damages for mental distress, upset, disappointment and injured feelings. But we have to approach this area cautiously.

(2.) DURING the course of argument our attention was drawn to newspaper clipping of February 12, 2001 of Hindustan Times, New Delhi edition on the subject how to tackle Airlines 'off-loading'. It mentions that Air India, National carrier of this country, gives US $ 300 to passengers off-loaded from US-bound flights. Lufthansa offers vouchers worth Euro 600 as compensation for off-loaded passengers which can be redeemed the next time the passenger flies and in case the passenger demands cash, he gets only half of this amount. British Airways also offers a cash compensation to off-loaded passengers apart from taking full care of them till they board the next available flight. Some Airlines do not offer any compensation at all for off-loaded passengers.

(3.) IT would appear that the Central Government is also contemplating to assume power to prescribe the law of air carriers. It is submitted that the Civil Aviation Act, 2000 of which draft has been put on the internet, it is Chapter XI which deals with law of carriers. Section 103 in the proposed draft legislation concerns denied boarding compensation (DBC) and we may set out the same :