Aviation Disputes in India: Know Your Passenger Rights and Legal Remedies
Airline delays, cancellations, lost baggage, and denied boarding — aviation disputes are increasingly common as
air travel grows in India. Know your rights and legal remedies.
Common Aviation Disputes in India
Flight Delays and Cancellations
Under DGCA’s Civil Aviation Requirements (CAR), passengers are entitled to compensation for delays beyond specified
thresholds. Airlines like
IndiGo must provide meals, accommodation, and compensation based on delay duration.
Baggage Issues
- Delayed baggage: Airline must compensate for essential purchases
- Lost baggage: Liability under Montreal Convention (approximately $1,700 for international flights)
- Damaged baggage: Immediate reporting required
Denied Boarding
If denied boarding due to overbooking (not passenger’s fault), you’re entitled to:
- Alternate flight or full refund
- Compensation (up to Rs 20,000 for domestic flights)
- Meals and accommodation if needed
Legal Framework for Passenger Rights
Key regulations governing passenger rights in India:
- DGCA CARs: Civil Aviation Requirements for passenger facilitation
- Montreal Convention: International liability framework
- Consumer Protection Act: Consumer forum remedies
- Carriage by Air Act: Domestic implementation of international conventions
How to Resolve Aviation Disputes
Step 1: Airline Complaint
First, file a formal written complaint with the airline within 7 days of the incident.
Step 2: DGCA Air Sewa
If unsatisfied, escalate to DGCA’s Air Sewa portal (airsewa.gov.in) or helpline 1800-114-400.
Step 3: Consumer Forum
File a complaint at District/State/National Consumer Disputes Redressal Commission based on claim value.
Step 4: Civil Court
For complex matters or higher damages, civil litigation may be necessary.
Aviation Dispute Legal Help
Sarosh Damania & Co. specializes in aviation law and passenger
rights:
- Airline compensation claims
- Consumer forum representation
- Complex aviation litigation
- International claim assistance
Frequently Asked Questions
How much compensation can I claim for flight delay?
For domestic flights delayed 3+ hours, airlines must provide Rs 5,000-10,000 compensation plus meals. For 6+ hours,
add accommodation. International flights follow Montreal Convention limits.
Can I sue an airline in India?
Yes, you can approach Consumer Forums (up to Rs 2 crore) or civil courts for higher claims. Class action suits are
also possible for widespread issues.
