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Supreme Court of India 2020-01-28 allowed

THE BRANCH MANAGER INDIGO AIRLINES KOLKATA vs KALPANA RANI DEBBARMA

Bench: 3 — A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari

In Brief

The Supreme Court reversed the consumer commission's order directing an airline to pay compensation for a 'Gate No Show' incident. Passengers with valid boarding passes failed to appear at the boarding gate before closure and missed their flight. The Court held that passengers, not airlines, bear primary responsibility for reaching the boarding gate on time after receiving boarding passes. The principle of 'deficiency in service' requires proof that the airline breached contractual obligations; a 'Gate No Show' differs fundamentally from 'denied boarding' covered by aviation regulations. Since the respondents offered no evidence of airline negligence and did not seek assistance, the Court dismissed their complaint and upheld the airline's compliance with its conditions of carriage.

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Consumer Protection Aviation Law Deficiency in Service Denied Boarding Gate No Show Conditions of Carriage

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