Lok Sabha Question No. 2608 (UNSTARRED), answered on 2018-08-02
Subject: Overbooking in Flights
Ministry: CIVIL AVIATION
Asked by: K. MARAGATHAM, RAJAN BABURAO  VICHARE

## GOVERNMENT OF INDIA

UNSTARRED QUESTION NO. 8 2608

## MINISTRY OF CIVIL AVIATION LOK SABHA

(To be answered on the August 2018) 2nd

## OVERBOOKING IN FLIGHTS

2608.

SHRIMA TI K MARAGATHAM SHRI RAJAN VICHARE

## Will the Minister of CIVIL AVIATION

be pleased to state:-

- (a) whether the Directorate General of Civil Aviation (DGCA) has directed the airlines to pay for denying seats to those with confirmed tickets due to overbooking, if so, the details thereof;
- (c) whether DGCA added that its 2010 rules does not a cap on the compensation that can be demanded from put
- (b) whether such cases were reported concerning Air India way back in 2015, if sO, the details thereof;
- the airlines in case of overbooking and a passenger has full right to approach a court for relief;
- (e) whether the National Consumer Disputes Redressal Commission has asked the Union Government and the DGCA to formulate a rational policy to prevent harassment of passengers left out from overbooked flights; and (f) if so, the details thereof and the steps taken by the Government in this regard?
- (d) if s0,the details thereof and the reaction of the Government thereto;

## ANSWER

Minister of State in the Ministry of CIVIL AVIA TION

(Shri Jayant Sinha)

(a): Under the provision contained at Para 3.2.2 of Civil Aviation Requirements (CAR); Section -3, Series 'M', Part-IV titled Facilities to be provided to passengers by airlines due to denied boarding; Cancellation of flights and delays in flights issued by DGCA, if the boarding is denied to passengers against their will, the airline shall not be liable for any compensation in case alternate flight is arranged that is scheduled to depart within one hour of the original schedule departure time of the initial reservation. Failing to do s0, the airline shall compensate the passengers as per the following provisions:

- charge; subject to maximum of INR 10,000, in case airline arranges alternate flight that is scheduled to depart within the 24 hours of the booked scheduled departure:
- ii; An amount equal to 400% of booked one-way basic fare plus airline fuel charge; subject to maximum of INR 20,000, in case airline arranges alternate flight that is scheduled to depart more than 24 hours of the booked scheduled departure:
- iii; In case passenger does not opt for alternate flight; refund of full value of ticket and compensation equal to 400% of booked one-way basic fare plus airline fuel charge, subject to maximum of INR 20,000.
- (b): 13175 cases of denied boarding concerning Air India were reported in year 2015.
- (c) & (d): The amount of compensation as mentioned in the CAR is for immediate relief that the airlines were required to provide to the passengers who had been denied boarding: As per the provisions of the CAR; if the airlines fail t0 fulfill their obligations; the passenger may complain to the statutory bodies set up under relevant applicable iaws
- (e) and (f): National Consumer Disputes Redressal Commission has asked this Ministry to formulate a rational policy to prevent harassment of passengers left out from overbooked flights.

*****