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Supreme Court of India 2020-01-28 allowed

The Branch Manager, Indigo Airlines, Kolkata & Anr vs Kalpana Rani Debbarma & Ors

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

The Supreme Court allowed the airlines' appeal, setting aside orders by the District Consumer Forum, State Consumer Commission, and National Consumer Commission that had awarded compensation of Rs. 51,432 to passengers who missed their flight. The respondents had been issued boarding passes but failed to report at the boarding gate before closure. The Court held that this constituted 'Gate No Show' under the airline's Conditions of Carriage, not 'denied boarding'. The airline had no contractual duty to escort passengers after issuing boarding passes or to accommodate them on alternative flights without payment when they failed to report on time. The Court emphasized that the burden of proving deficiency in service rests with the complainant, and absent evidence that the airline denied assistance when sought, no compensation is payable for losses resulting from the passenger's own failure to timely report at the gate."

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Consumer Protection Aviation Law Contract of Carriage Airline Liability Consumer Disputes

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