My blood boiled as I saw the video of a senior citizen who is also a doctor, being dragged out of a flight in the United States with a bloody nose, after being assaulted by security personnel.
His ‘crime’ was that the flight was overbooked and he refused to be offloaded as he had patients to go back to. Should airlines be allowed to hide behind the term ‘standard industry practice’ when they unfairly offload legitimate air passengers due to overbooking of seats? Shouldn’t jargon like ‘No Show’ or the prospect of flying with empty seats due to last minute cancellations, be a part of routine business risks? Should airlines be allowed to use customers, the lifeblood of any enterprise, as dispensable pieces of convenience and an insurance against business risks? Should the term ‘confirmed ticket’ be interpreted as ‘subject to the airline’s availability of seats’?
The moment a passenger makes a payment, he becomes a consumer and is entitled to a minimum standard of service. Denial of boarding is deficiency in service under Section 2(g) of the Consumer Protection Act (CPA) Offloading passengers, with or without compensation, is an unfair trade practice under Section 2(r)(1)(ii) of the CPA. As long as you turn up at the airport on time, follow the rules, do not misbehave or pose a threat or health hazard to other passengers or the crew, you are entitled to travel. The practice of offloading also negates the doctrine of promissory estoppel, which is reliance on a promise to your subsequent detriment.
Under the Civil Aviation Requirements Section 3 Series M Part IV of the Director General of Civil Aviation Regulations, airlines must first seek volunteers to give up their seats before forcing passengers to get out. Offloaded passengers are entitled to 200 per cent of one-way basic fare plus airline fuel charge, with a ceiling of Rs 10,000, in case the airline arranges an alternative flight within 24 hours of the original scheduled departure. For a delay of more than 24 hours later, it is 400 per cent of one-way basic fare plus airline fuel charge, with a Rs 20,000 cap.
Most people fly to save time. What if the time lost cannot be compensated? Can a lawyer who was offloaded be compensated for missing a crucial court hearing like final arguments in a case? Will courts accept offloading as a ground for adjournments? Can a doctor be compensated for missing an emergency surgery? Will patients accept offloading as an excuse for the doctor not turning up on time? Or will the airline or DGCA insure the doctor against a case for medical negligence? Can a family member be compensated for missing a funeral and that last glimpse of a deceased relative’s face?
The National Consumer Disputes Redressal Commission in Jet Airways versus Vijay Kumar where the mortal remains of a relative were offloaded from a flight observed that “it is virtually impossible to measure in monetary terms the value of emotion and sentiment, particularly so when a person is already grieving over the demise of a loved one. Timely customary cremation is one of the basic rights of an individual.”
Airlines are quick to accuse passengers of boarding late. A bill at an airport refreshment stall paid with your card that registers the time can come in handy. The National Commission in Dr Arun Jain versus Thai Airways dealt with the importance of proving consequential losses due to offloading. Overbooking to prevent losses defies logic. Don’t airlines sell non-refundable tickets? Don’t they have peak fares, apex fares and no maximum retail price on tickets? Doesn’t advance booking in a lower fare bracket earn interest for the airline? In this age of web check-ins where you can choose your seats, how is overbooking justified? Like the Railways, why can’t airlines have a Reservation Against Cancellation (RAC) category?
In a recent case, the National Commisson in Radha Kinkari Kejriwal versus Jet Airways while ordering compensation to the passenger, noted that the policy of overbooking and offloading is “opaque” and directed the aviation regulator to come up with a “rational policy” so that the “harassment and inconvenience to passengers left out from overbooked flights is reduced to the minimum.” Algorithm induced business bulimia should have no place in a lawful transaction because passengers are consumers with rights and not cattle class to be herd out at will.
(The writer is a lawyer, columnist & author)
