Legal Question in Consumer Law in India

An airline said that the inability to fly a litigant (before a consumer forum) to his destination in time was because of reasons beyond the airline's control. It pointed out that a condition was printed on tickets issued to all passengers and it clearly mentioned that the time shown in the schedule was not guaranteed and formed no part of this contract, and that schedules were subject to change without notice. It was also stated that the carrier assumed no responsibility for connecting flights.

Also it said that the petitioner should have taken into account the possibility of unexpected things to happen that may cause him to forfeit a Visa and started a day earlier. The Airline also came forward to make good for cost of obtaining a new Visa that the litigant refused. Very high compensation was prepared.

But the State forum held it has become day to day annoying affair that many are getting stranded for technical snags in crafts in Airports. In this case the Forum felt the snags stated were beyond any understandable standard to it. Compensation was given on that ground and not on Visa renewal charges.

Are Airlines bound when called for by courts to explain how and how on technical grounds a snag may occur or how an aircraft flies or what are the weather conditions ideal for flight?


Asked on 11/17/09, 1:55 pm

2 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

Yes.

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Answered on 11/17/09, 7:34 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the court may ask the airlines to file a detailed reply as to how the technical snag resulted in delay.

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Answered on 11/18/09, 1:45 am


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