Consumer forum dismisses complaint over delay of Kingfisher flight

In its reply,the airline attributed the heavy rush at Delhi and Mumbai airport and the passengers not keeping ‘sufficient time margin’ between flights leading to missing a flight. The airline submitted that since Singh had booked two different flights,it was his responsibility to keep sufficient time margin between arrival of one and departure of the other.

The airline had also stated,“in view of poor infrastructure in the Indian Civil Aviation sector,there is heavy traffic congestion at the Indian Airports particularly at Mumbai and Delhi,where most of the time the aircraft keep hovering over the city for 30-45 minutes awaiting clearance from the Air Traffic Controller (ATC) for landing”.

ATC has laid down rules for payment of compensation only if there is delay of 2 hours or more,as per block times of the flights,submitted the airline in its reply.

Referring to an earlier judgment by the Supreme Court in 2011,where it was ruled that “compensation cannot be granted merely because there was inconvenience or hardship or on grounds of sympathy,” Singh’s complaint was dismissed by the forum for “reasons beyond the control of the aircraft”. The forum stated that the complainant missed the flight due to his own tight schedule for which the airline could not be held responsible.

The complaint was instituted in 2011,for a total claim of Rs 3,30,357,seeking compensation for delay of the flight by 55 minutes,but was dismissed here after a year on grounds of “not attributing to negligence” by the airline.