Delhi HC Rejects PIL for Higher Compensation on IndiGo Cancellations

The Delhi High Court (HC) on Wednesday declined to entertain a public interest litigation (PIL) that sought directions for the Centre and IndiGo airline to compensate affected passengers with four times the full ticket price due to flight cancellations. These cancellations had occurred in November and December, coinciding with the implementation of new Flight Duty Time Limitation (FDTL) norms.

A Division Bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, determined that the court had already acknowledged this issue within another ongoing PIL. They granted the petitioner the liberty to seek intervention within that case.

“We do not see any reason as to why the concerns raised here cannot be taken up in the earlier petition. The jurisprudence developed by the Supreme Court and High Courts around PILs allows for expanding the scope of a petition in the public interest,” the Bench noted.

Consequently, they stated, “We decline to entertain this petition with liberty to the petitioner to seek intervention in the pending petition. The writ petition stands disposed of.”

The PIL was submitted by the Centre for Accountability and Systemic Change (CASC), represented by its president, Professor Vikram Singh. He emphasized that the extensive flight cancellations by IndiGo created significant alarm across the aviation sector. The petition argued that sudden disruptions and last-minute flight cancellations inconvenienced many passengers, leaving them stranded.

Advocate Virag Gupta, representing the petitioner, highlighted the chaos experienced at airports, marked by misdirected baggage, long delays, and insufficient communication from the airline regarding refunds and re-booking options. Passengers sought clarity amidst confusion, which exacerbated frustrations.

The PIL also called for an independent investigation led by either a retired judge or the Lokpal, aimed at identifying alleged negligence and lapses by the Directorate General of Civil Aviation (DGCA), which contributed to the ongoing crisis.

Previously, on December 10, the Delhi High Court had criticized the Central Government for its failure to take prompt action to mitigate issues stemming from IndiGo’s mass flight cancellations. The court questioned why the situation deteriorated to the point where lakhs of passengers found themselves stranded, while other airlines reportedly capitalized on the crisis by charging inflated rates.

This remark came during deliberations of another PIL, which sought governmental intervention to ensure assistance and refunds for passengers affected by the cancellations of hundreds of IndiGo flights.

Since the initiation of the FDTL framework on December 2, IndiGo has faced scrutiny and condemnation from both the government and its passengers for the abrupt cancellation of numerous flights. The airline cited regulatory changes regarding pilots’ flight duty time and rest norms as the cause of these disruptions.

IndiGo’s actions and the ensuing court proceedings underline the growing concerns within the aviation sector about adequate passenger rights and the responsibility of airlines during crises. As the situation unfolds, the industry keenly observes the developments that may arise from the ongoing legal scrutiny.