Air France to compensate 3 passengers

The National Consumer Disputes Redressal Commission (NCDRC) has directed Air France to compensate three passengers by paying a sum of ₹4 lakh each, after the complainants alleged that they were not allowed to board a flight from Paris to Delhi despite having legitimate boarding passes.

Directing the airlines to pay the three passengers as compensation for the inconvenience and harassment, the forum held that “overbooking” cannot be used as defence as that would amount to inconvenience to the passengers concerned.

“The practice of overbooking may be a commercially viable international practise being adopted by all the airlines, probably to ensure that seats in the flight do not go vacant in the event of no-shows by booked passengers, but the same cannot be at the altar of the passengers. Not permitting a passenger, holding confirmed ticket to board a flight, amounts to deficiency of service of service on the part of the airline” the forum said in its March 22 order.

The three complainants had alleged that on their journey back to the country from Paris, in 2002, the airlines barred them from boarding the aircraft citing “over boarding”.

“It was the say of the complainants that they were subjected to humiliation and embarrassment by the staff of the appellant [Air France]. The complainants had to stay in Paris at their own expenses. According to the complainants, their schedule of meeting got disturbed, resulting in a monetary loss of ₹50,00,000, as consequential business loss” read the allegations put forth by the complainants.

The State Consumer Disputes Redressal Commission in Lucknow, in 2008 had directed the airlines to pay a sum of ₹6,30,000 to each of the complainants.

‘Accepted practice’

Air France, subsequently appealed to the NCDRC stating that “for the denied boarding, which is an accepted practice internationally and nationally” the complainants were sufficiently compensated by providing free accommodation and other facilities. The airlines, further, alleged that the complainants were trying to take “undue advantage of the situation”.

Dismissing the contention of “overbooking” as an usual practice, the state commission had held, “If a free hand practice of overbooking is approved, it may cause havoc against the interest of the ticket holders as the airlines may invoke the malpractice of overbooking indiscriminately. Instead of taking recourse to this sort of policy, the airlines must impose stringent conditions for the eventuality of cancellation of tickets.”

Observing that the airlines had partly deposited the compensation amount, the NCDRC said that ₹4 lakh would be released from the amount already deposited.