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2014 Supreme(Online)(KER) 40059
HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
SUO MOTO – Appellant
Versus
AIR INDIA Advocate -SRI P BENNY THOMAS – Respondent
WRIT PETITION (CIVIL) 3395/2013
SRI.T.SETHUMADHAVAN, SRI.M.GOPIKRISHNAN NAMBIAR, SRI.P.BENNY THOMAS, SRI.K.JOHN MATHAI, SRI.P.GOPINATH, SRI.E.K.NANDAKUMAR, SRI.P.PARAMESWARAN NAIR, SRI.T.ASAF ALI
Airlines must ensure passenger welfare during delays and formulate policies to address grievances effectively, emphasizing accountability and service quality.
Headnote:
Airlines - Passenger Rights - Civil Aviation Requirement Section 3 - The court emphasized the necessity for airlines to adhere to passenger service provisions, highlighting accountability for delays and passenger treatment, which influenced its directive for policy reassessment.
Fact of the Case:
Passengers on Air India Express flight experienced a lengthy delay and inadequate service following diversion due to poor visibility, resulting in distress and altercations aboard the aircraft. Multiple complaints were raised concerning the airline's response and treatment of passengers.
Issues: Whether the civil aviation authorities and Air India had an obligation to ensure adequate care for passengers during significant delays and inadequate response to their grievances.
Ratio Decidendi: Passengers have a right to appropriate care and service from airlines, especially during delays. The absence of provisions regarding passenger treatment during such events necessitates intervention for policy reform.
Final Decision: The court directed the Ministry of Civil Aviation to convene a high-level meeting to formulate policies addressing passenger grievances.
JUDGMENT
K.T.Sankaran, J.
This Writ Petition was registered on the basis of a letter dated
29.10.2012 sent by one P.Thajuddhin of Kollam to the Chief Justice of the High Court of Kerala. Thajuddhin brought to the notice of the Chief Justice the unfortunate incidents which the passengers of Air India Express suffered on 19.10.2012 at Thiruvananthapuram Airport. Thajuddhin has also raised a point with respect to the grievances of the passengers going for Hajj pilgrimage, which we do not propose to deal with in this Writ Petition.
2. The Air India Express flight No.IX 4522 from Abu Dhabi to Kochi was scheduled to depart from Abu Dhabi at 11.25 P.M. (IST) on 18.10.2012. However, the flight was delayed and it took off from Abu Dhabi at 1.55 A.M. on 19.10.2012. The revised time of arrival at Kochi was 6 A.M. on 19.10.2012. Due to alleged poor visibility, the flight could not land at Kochi and it had to be diverted to the Airport at Thiruvananthapuram, where it landed at 6.40 A.M . The passengers were informed that the duty time of the pilot and the cabin crew was over and, therefore, they could not fly the passengers to Kochi. The passengers were directed to deplane and wait for alternative arrangements. The passengers protested and they stated that alternative arrangements should be made to fly them to Kochi. Apparently, this request was not acceded to. The protest continued. According to the pilot (Capt. Mrs.Rupali Waghmare), the passengers became aggressive and violent. The pilot requested the Flight Despatch several times to call for immediate security assistance. The pilot also alleged that some of the passengers tried to enter the cockpit but they were prevented by the cabin crew and three ground personnel. It is also stated that the Air India Security could not enter the aircraft and, therefore, they sought help from CISF. But, they also could not enter the aircraft. At that point of time, the pilot gave distress signal to Air Traffic Control, selecting 7700 code. (It is submitted that Code 7700 means “Captain in distress”.) Though the local Station House Officer came to the scene, he was not allowed by the passengers to enter into the aircraft. At last, a fresh crew was deputed to fly the passengers from Thiruvananthapuram to Kochi. At 11.30 A.M., the Crisis Management Team officials including higher police officials in the grade of ADGP arrived at the aircraft and spoke to the Captain and the passengers and the Captain withdrew the distress alert. It is also stated by the Captain that fresh set of crew was allowed to board the aircraft and the aircraft departed with 165 passengers and three security personnel on board at 1.50 hours.
3. In the newspaper reports produced along with the letter issued by Thajuddhin, it is reported that the passengers got agitated since they had to remain in the aircraft for more than fifteen hours and on getting information from the pilot that no alternative arrangements were made for their journey from Thiruvananthapuram to Kochi. The passengers included a child having only six months of age. The newspaper reports show that the passengers were not provided with even water. A photograph showing the six month's old child being taken by his father from the airport was produced. It is seen from the photograph that the father was weeping. The Malayala Manorama Daily dated 21.10.2012 reported an editorial note in the newspaper about the harassment made by Air India to the passengers. In the Malayala Manorama Daily dated 23.10.2012, a statement made by the Chief Minister of Kerala was reported. It was reported that the Chief Minister stated that he had lost faith in the Air India and all the complaints made by him were in vain.
4. When the matter came up for hearing, we appointed Advocate Sri.T.Sethumadhavan (now a Senior Advocate) to assist the Court as Amicus Curiae. He contacted Thajuddhin and collected as much information as possible.
5. In the counter affidavit filed on behalf of respondents 1 and
2,
