The Delhi High Court on Wednesday questioned the Union government for its failure to prevent the chaos caused by cancellation and delays in flights of Indigo airline. It asked whether the Union government was helpless in acting against the defaulting airlines.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the government stepped in only after the situation in air travel turned worse."You allowed the situation to precipitate and only then did you take action. Why did you allow all this to happen?", the Court asked.
In the order passed today, the Court recorded its anguish saying,"We appreciate the steps taken by the Ministry of Civil Aviation and DGCA. However, what bothers us is as to how such a situation was allowed to precipitate, leaving lakhs of passengers unattended at the airports. Such a situation is not confined to causing inconvenience to the passengers but also affects the economy of the country, as in the present day fast movement of passengers is an important aspect to keep the economy functioning."
The Court also took note of the issue of compensating the passengers, who were left stranded unattended at the airports. In this regard, it directed Indigo to ensure compliance with the relevant rules, particularly the circular issued by Director General of Civil Aviation (DGCA) for facilities to be provided by the airlines for delays and cancellation of flights.
"We expect and direct that such provisions for payment of compensation would be strictly adhered to by R3 [Indigo], which shall be ensured by the Ministry and DGCA as well. In addition to the provisions of the circular, If there are any other provisions for payment of damages to the passengers, the same shall also be ensured by the respondents," it ordered.It also noted that Bharatiya Vayuyan Adhiniyam empowers the DGCA and Central government to take action against non-complying airlines.
It, thus, directed that the actions being taken to ensure that the situation comes to normal at the earliest must continue and without compromising the safety of the passengers. Further, the Court called for taking appropriate measures to ensure that all airlines employ adequate number of pilots.The Court was hearing a PIL filed by advocates Akhil Rana and Utkarsh Sharma seeking a judicial inquiry into the Indigo Crisis. The PIL also sought fair compensation to people whose flights were cancelled and relief for people stuck at the airports.
The PIL argued that widespread "arbitrary cancellations, unexplained delays, non-payment of mandatory refunds, overbooking, unfair trade practices, discriminatory conduct, DGCA non-compliance, and concerns surrounding aviation safety and airport-monopoly distortions" pose a serious threat to passenger rights and public welfare.Indigo has been severally hit due to the shortage of pilots and its failure to implement the new Flight Duty Time Limitation (FDTL).After the crisis unfolded, DGCA granted an exemption to Indigo to tackle the ongoing crisis, and also ordered Indigo to cut scheduled flights at least by 5 percent.
Senior Advocate Sandeep Sethi, appearing for Indigo, told the High Court that there should not be a finding against the airline. This situation has arisen for the first time in 19 years of our operation, he said.However, the Court refused to accept the contention.
"These measures have been implemented by all (other airlines) but you," CJ Upadhyaya said.
When Sethi said that the airline is back to 90 percent of its capacity, the Court said,"That's very nice of you but think of those people who got stuck for a week. In these times what would have been the impact on the economy of the country?"The Court added that it has not said anything about Indigo in the order yet but the airline must immediately start compensating the passengers.
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