AHMEDABAD: Holding that airlines cannot be held responsible for flight delay caused due circumstances beyond their control, the Gujarat State Consumer Disputes Redressal Commission has dismissed an appeal for compensation against Air India over a flight diversion caused by dense fog at Delhi airport.The complainants travelling from Ahmedabad to Colombo via Delhi on Nov 6, 2016. Their flight from Ahmedabad was scheduled to reach Delhi in time for a connecting Colombo-bound flight. However, due to fog and near-zero visibility at Delhi airport, the aircraft was diverted to Jaipur, and reached Delhi several hours later, causing them to miss the onward flight.The couple unsuccessfully sued the airlines with the Ahmedabad District Consumer Dispute Redressal Commission for the financial losses suffered as they lost a day of sightseeing under a tour package and could not utilise a non-refundable resort booking. They also questioned the airline’s handling of the situation.After the district commission rejected their plaint, the passengers appealed before the state commission, where Air India contended that the diversion was necessitated solely by adverse weather conditions and was undertaken in the interest of passenger safety.It further submitted that it had arranged hotel accommodation in Delhi and accommodated the passengers on the next available flight to Colombo.After the hearing, the state commission said, “It is noted that the complainants suffered the loss of one day of sightseeing and one night at the resort, which were genuinely disappointing, but given the extraordinary circumstances there is no deficiency in service.”The commission further said, “Evidence on record overwhelmingly establishes that the diversion of the flight on Nov 6, 2016, was the direct and proximate consequence of zero visibility and dense fog at New Delhi Airport – conditions that were entirely beyond the control of the airlines. The opponent’s crew acted in strict compliance with the mandatory safety directives of the Directorate General of Civil Aviation (DGCA) in diverting the flight, and the opponent took all reasonable steps to minimise the inconvenience to the affected passengers by providing free accommodation and arranging the earliest possible onward flight.”
