New Delhi: Delhi State Consumer Disputes Redressal Commission President Justice Sangita Dhingra Sehgal on Tuesday emphasised that statutory compensation from India's aviation regulator represents "merely a floor, not a ceiling" for passengers affected by flight cancellations, clarifying that travellers can pursue additional damages for consequential losses, including missed business deals, non-refundable bookings, and emotional distress.

Her statement comes as India grapples with one of its largest aviation crises, with IndiGo cancelling over 2,000 flights since early December, stranding thousands of passengers across major airports. The airline cited pilot shortages following new Flight Duty Time Limitation regulations, though operations were reportedly stabilised by December 9.

Robust Rights Under Dual Framework

Justice Sehgal, a former Delhi High Court judge, outlined passengers' protections under both the Directorate General of Civil Aviation's Civil Aviation Requirements and the Consumer Protection Act 2019. Under DGCA rules, passengers receive compensation ranging from Rs 5,000 to Rs 10,000 depending on flight duration when airlines fail to notify cancellations at least 24 hours in advance.

However, Sehgal stressed that aviation services fall squarely under "deficiency of service" provisions in the Consumer Protection Act, enabling passengers to seek damages beyond statutory minimums. "Consumer fora has repeatedly recognised that statutory relief does not eliminate higher compensation claims," she said, citing precedents including Kingfisher Airlines Ltd. v. Praveen Kumar (2014) and Jet Airways v. Inderjeet Singh (2017), where courts awarded additional damages for mental harassment and financial losses.

Call for Systemic Reforms

While acknowledging IndiGo's provision of refunds and hotel accommodations, Justice Sehgal identified critical shortcomings, including inadequate communication, long airport queues, difficulty contacting customer service, and no transparent policy for consequential losses. She called for a National Air Passenger Rights Charter with statutory backing, enhanced transparency through real-time notifications, document-based reimbursement for consequential losses, and dedicated compensation portals to prevent passengers from "chasing helplines".

The Commission president noted that consumer forums nationwide have handled over 29 lakh cases since inception, with approximately 5.5 lakh matters currently pending, though staffing deficiencies and infrastructure gaps contribute to delays. A recent survey by LocalCircles found 87% of airline passengers wanted the Central Consumer Protection Authority to pursue a class action against IndiGo under the Consumer Protection Act.