An airline cannot unilaterally change a passenger’s flight from one airline to another without prior intimation and the passenger’s consent. Doing so may amount to deficiency in service under the Consumer Protection Act, and courts have held airlines accountable for such actions.
Legal Position in India:
- Consent is Mandatory:
- If an airline books a passenger on a different carrier without informing them or getting their approval, it is generally considered an unfair practice.
- Obligation to Inform:
- The airline has a duty to notify the passenger of any changes to the flight itinerary, including changes in carrier, flight number, or timing.
Key Judgments:
- Balbir Singh v. Lufthansa German Airlines, 2003 (NCDRC):
- The National Consumer Disputes Redressal Commission (NCDRC) held Lufthansa liable for changing the airline carrier without informing the passenger, resulting in inconvenience.
- The court ruled this as deficiency in service and awarded compensation.
- Air India v. Tej Singh, RP No. 1153 of 2002 (NCDRC):
- Air India was held responsible for re-routing a flight via another airline without prior approval or information. The Commission ordered compensation for mental agony and harassment.
- Emirates Airlines v. Narinder Bhasin, RP No. 4535 of 2007 (NCDRC):
Emirates was directed to compensate the complainant for shifting them to another airline without due information and for failing to uphold service quality.
DGCA Guidelines:
The Directorate General of Civil Aviation (DGCA) mandates that:
- Airlines must inform passengers of changes to flight schedule or carrier.
- If there is a change, passengers have the option to cancel or reschedule without penalty.
Remedy:
A passenger can:
- File a complaint before the consumer forum for compensation.
- Approach the DGCA for regulatory action against the airline.