Flight Disrupted? Passenger Rights in India in Cases of Flight Delays, Cancellations and Denied Boarding

Flight disruptions are a common feature of commercial aviation. Weather conditions, air traffic congestion, operational constraints, geopolitical & force majeure events, and technical issues can result in delays, cancellations or passengers being denied boarding. In such situations, passengers often face uncertainty about their rights and the obligations of airlines.

Passenger rights under the Indian regulatory framework in cases of flight delays, cancellations, and denied boarding are primarily governed by the Civil Aviation Requirements, Section 3 – Air Transport, Series M, Part IV, titled “Facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights” (the “CAR”), issued by the Directorate General of Civil Aviation (“DGCA”).

The CAR has been issued under Rule 133A of the Aircraft Rules, 1937 read with the Bharatiya Vayuyan Adhiniyam, 2024. It applies to scheduled domestic airlines operating in India and sets out the obligations of airlines towards passengers in cases of denied boarding, delays, and cancellations. These obligations include passenger care, compensation, refunds, and re-routing.

Passengers may also lodge complaints through the AirSewa portal established by the Ministry of Civil Aviation, which provides an online platform for grievance redressal and information regarding passenger rights under the Passenger Charter issued by the Ministry.

Flight Delays
Passenger entitlements in the event of flight delays are governed by Section 3.4 of the CAR. Where a passenger has checked in within the prescribed time and the airline anticipates a delay beyond the scheduled departure time or a revised departure time, the airline must provide certain facilities depending on the duration of delay and the block time of the flight.

Block time refers to the total scheduled duration of the flight which begins from when the aircraft leaves the departure gate to when it arrives at the destination gate.

Meals and refreshments must be provided where the delay exceeds:
• two hours for flights with block time up to 2.5 hours;
• three hours for flights with block time between 2.5 and 5 hours;
• four hours for flights with block time exceeding 5 hours.

Where a domestic flight is expected to be delayed by more than six hours from the scheduled departure time, or from a revised departure time communicated more than twenty-four hours prior to the original schedule, the passenger must be offered the option of either a full refund of the ticket or re-routing on an alternative flight.

If the delay requires an overnight stay and the passenger remains at the place of departure, the airline must provide hotel accommodation, along with transfers between the airport and the hotel.

Flight Cancellations
Passenger rights in the event of cancellation of a flight are addressed under Section 3.3 of the CAR. When a flight is cancelled, the airline must provide passengers with the option of either a full refund of the ticket or re-routing on an alternative flight. Compensation becomes payable where the cancellation is not communicated within the notice periods specified under the CAR and the airline is unable to arrange an alternative flight within the prescribed time thresholds. The compensation amounts are linked to the block time of the flight and are subject to a ceiling equal to the basic fare plus the airline fuel charge.

Compensation does not arise where passengers have been informed sufficiently in advance as specified in the CAR or where the airline establishes that the cancellation occurred due to circumstances beyond its control. The CAR recognises circumstances such as natural disasters, political instability, air traffic control restrictions, and other conditions affecting operational safety as situations where compensation may not be payable.

Irrespective of compensation, passengers retain the right to either a refund or re-routing.

Denied Boarding
Denied boarding occurs when a passenger holding a valid ticket and confirmed reservation is not permitted to board a flight in an event of an overbooked flight despite complying with check-in requirements and conditions of carriage.

Under Section 3.2 of the CAR, airlines must first seek volunteers willing to surrender their confirmed bookings in exchange for mutually agreed benefits (such as vouchers, upgrades or monetary compensation). Only where insufficient volunteers are available may the airline deny boarding involuntarily.

Where boarding is denied involuntarily, compensation may become payable unless the refusal arises due to safety or security considerations, operational constraints beyond the airline’s control, or failure by the passenger to comply with check-in requirements. The CAR prescribes compensation based on the block time of the flight and the time taken by the airline to arrange alternative transportation. Compensation is subject to a ceiling equal to the basic fare plus the airline fuel charge.

Passengers must also be offered the choice of either a refund of the unutilised portion of the ticket or re-routing on another flight.

Refunds and Fare Adjustment
Where a passenger opts for a refund in cases of cancellation or delays exceeding six hours, the airline must process the refund within the timelines prescribed under applicable DGCA requirements. Refunds must ordinarily be credited to the original mode of payment. The CAR also addresses situations where passengers are placed in a different travel class than the one purchased. Where a passenger is downgraded to a lower class, the airline must refund the difference in fare in accordance with the formula prescribed in the CAR. Where a passenger is upgraded to a higher class, the airline may not charge any additional amount.

Grievance Redressal
Airlines are required under the CAR to establish a structured grievance redressal mechanism and appoint a Nodal Officer and an Appellate Authority to address passenger complaints. Passengers may also submit complaints through the AirSewa portal maintained by the Ministry of Civil Aviation. In addition, remedies under the Consumer Protection Act, 2019 remain available before the appropriate Consumer Commission.

Conclusion
The CAR issued by the DGCA sets out the obligations of airlines and the corresponding entitlements available to passengers, including passenger care, refunds, re-routing and compensation in specified circumstances. While operational disruptions in aviation cannot always be avoided, the regulatory framework ensures that passengers are provided with defined remedies and a structured grievance redressal mechanism when such disruptions occur.