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Stranded By The Flight Fiasco ? Know Your Legal Rights To Compensation And Refunds

By Saket Sourav      15 December, 2025 07:46 PM      0 Comments
Stranded By The Flight Fiasco Know Your Legal Rights To Compensation And Refunds

New Delhi: The recent flight fiasco has exposed critical vulnerabilities in Indian air travel, leaving thousands of passengers stranded, triggering widespread chaos at packed airports, and resulting in severe monetary and mental turmoil. If you were among the passengers who experienced this collapse—missing critical events like funerals, weddings, or business meetings—you know that a simple apology is wholly insufficient.

In response to this crisis, the Directorate General of Civil Aviation (DGCA) has intensified scrutiny of major domestic carriers, going beyond issuing advisories to station officials at airline headquarters to monitor operations, and even ordering a 10% reduction in one carrier’s winter schedule to stabilize operations. The Ministry of Civil Aviation has also announced fare caps to control the surge in ticket prices by other airlines.

The foundational truth is that Indian law grants passengers strong consumer rights that empower them to demand accountability. When you purchase an air ticket, you enter into a “contract for service,” and any failure by the airline to perform that service properly—including delays, arbitrary cancellations, or poor handling—constitutes a “deficiency in service” under the Consumer Protection Act, 2019. This means airlines are not only subject to DGCA regulations but are also liable for compensation and damages before consumer forums for failing to uphold their duty of care.

The specific obligations owed by airlines are detailed in the Civil Aviation Requirements (CAR), Section 3, Series M, Part IV. So, what are your specific rights if your flight is cancelled, and how much compensation are you legally owed?

The mandatory compensation structure depends heavily on the block time of the flight and the notice period provided by the airline. If the airline fails to inform you of the cancellation at least two weeks before the scheduled departure, or if you miss a connecting flight booked on the same ticket, you are entitled to a full refund plus monetary compensation. The compensation is calculated based on the flight’s block time (total time from gate departure to gate arrival):

  • Flights up to 1 hour block time: Compensation of ₹5,000 or the basic fare plus airline fuel charge, whichever is less.
  • Flights between 1 and 2 hours block time: Compensation of ₹7,500 or the basic fare plus airline fuel charge, whichever is less.
  • Flights longer than 2 hours block time: Compensation of ₹10,000 or the basic fare plus airline fuel charge, whichever is less.

If you choose a refund instead of an alternate flight, the DGCA mandates strict refund timelines: refunds for tickets paid via credit card must be processed within seven days, while refunds for bookings made through a travel agent or portal must reach you within twenty-one working days. Notably, the DGCA requires refunds to include all statutory taxes such as PSF, ADF, UDF, and GST. During the recent crisis, the affected airline was explicitly instructed to expedite all pending refunds, confirming that 100% of refunds for flights affected early in the crisis had been completed by early December.

In the event of a significant delay, your rights shift toward immediate care and guaranteed travel options. If you have checked in on time and the delay is expected to exceed certain thresholds (for example, two hours for short flights or four hours for long flights), the airline must offer free meals and refreshments. Crucially, if a domestic flight is expected to be delayed by six hours or more from the scheduled time, the airline must offer you the choice between an alternate flight (scheduled within six hours) or a full refund. Furthermore, if the delay exceeds 24 hours from the original departure, or exceeds six hours for flights scheduled between 8 PM and 3 AM, the airline is mandated to provide free hotel accommodation, including transfers. During the December 2025 disruptions, airlines arranged thousands of hotel rooms and transport facilities for stranded passengers.

When airlines attempt to escape liability, they often invoke the “force majeure” exception, arguing that the disruption was caused by extraordinary circumstances beyond their control, such as adverse weather conditions, air traffic control restrictions, or security risks. However, legal experts note that the DGCA has consistently held that disruptions arising from an airline’s own operational failures—such as the inability to forecast crew availability or significant planning gaps—do not qualify as force majeure. The recent chaos was primarily linked to the airline’s failure to prepare for new, stricter pilot rest and duty norms that came into effect on November 1, 2025, a lapse in planning that the DGCA found indicative of “deficiencies in internal oversight.” This distinction is critical, as it means airlines responsible for self-inflicted disruptions remain fully liable for compensation. Moreover, consumer courts demand proof: they have repeatedly held that vague explanations such as “technical reasons” or “operational reasons” are insufficient to deny liability, requiring airlines to furnish specific evidence, even in sealed cover if necessary.

When faced with non-compliance, passengers have clear avenues for escalation. The process begins with submitting a formal complaint to the airline’s customer care. If the grievance remains unresolved within a reasonable timeframe (typically 30 days), it must be escalated through the official government portal, AirSewa (airsewa.gov.in). If the dispute still persists, the ultimate recourse lies with the Consumer Disputes Redressal Commission (Consumer Court) under the Consumer Protection Act, 2019. Consumer courts have proven to be powerful advocates for passengers, not only directing refunds and expense reimbursements but also awarding substantial compensation for mental agony and harassment, with judicial precedents ranging from ₹25,000 to over ₹5,00,000 in cases of gross deficiency in service. Importantly, DGCA-mandated compensation is considered a floor, not a ceiling, for what consumer courts may award. In cases involving mass cancellations, passengers may also explore the option of filing a class action complaint under the Act.

Ultimately, the recent aviation chaos in India serves as a potent reminder that a flight ticket is more than just a boarding pass—it is a legally binding “contract for service.” While airlines may falter operationally, the law is unequivocally on the passenger’s side. Empowered by clear DGCA regulations and the robust Consumer Protection Act, 2019, affected travelers have the legal standing to demand not just refunds, but substantial compensation for the monetary losses and mental trauma inflicted. By documenting their experiences and using official channels such as AirSewa and consumer courts, passengers can hold carriers accountable and ensure that consumer rights prevail over corporate operational failures.



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Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

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Stranded By The Flight Fiasco ? Know Your Legal Rights To Compensation And Refunds Stranded By The Flight Fiasco ? Know Your Legal Rights To Compensation And Refunds

Know your legal rights during flight cancellations and delays. DGCA rules, refunds, compensation, and consumer court remedies explained.

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