Gujarat consumer panel clears Air India over fog-hit flight diversion, citing safety mandate

The Gujarat State Consumer Disputes Redressal Commission has dismissed a compensation appeal against Air India over a flight diversion caused by dense fog at Delhi airport, holding that airlines cannot be held liable for delays arising from circumstances beyond their control, The Times of India reported.

The case stemmed from a November 6, 2016 incident in which a couple travelling from Ahmedabad to Colombo via Delhi missed their connecting flight after their Ahmedabad-Delhi service was diverted to Jaipur due to near-zero visibility at Delhi airport. The diversion caused a several-hour delay, resulting in the passengers missing their onward Colombo flight, losing a day of sightseeing under a pre-booked tour package, and forfeiting a non-refundable resort booking.

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The couple first approached the Ahmedabad District Consumer Dispute Redressal Commission, which rejected their plaint. They then appealed before the state commission, where Air India argued that the diversion was undertaken solely in the interest of passenger safety and in compliance with mandatory directives of the Directorate General of Civil Aviation (DGCA). The airline also submitted that it had arranged hotel accommodation in Delhi and placed the passengers on the next available flight to Colombo.

The state commission upheld Air India's position. "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 commission said, adding that the airline's crew had acted in strict compliance with DGCA safety directives.

While acknowledging the passengers' losses, the commission said the circumstances did not amount to a deficiency in service. "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," it noted.

With inputs from TOI