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With advanced technology, airlines cannot escape liability for factors like thick fog and poor visibility, says Pushpa Girimaji Come winter and air passengers have to brace themselves up for long waits at the airports. Departures are delayed, arrival schedules are thrown out of gear and travel plans of passengers go haywire. Yet, year after year, airlines quote thick fog and poor visibility as conditions beyond their control and escape liability for the consequences of such delays. But in this age of communication technology, they cannot get away with such excuses. In one of the first complaints (Indian Airlines Vs Rajesh Kumar Upadhyay) filed before the consumer court on the issue, the National Consumer Disputes Redressal Commission pointed out two factors that may well defeat claims for compensation filed by passengers: While one of them was immunity from liability for delay in the carriage of passengers or baggage provided under the Non-International Carriage (passenger and baggage) Regulations, the other was delay caused by factors beyond the control of the service provider. According to the commission, since the condition that the airline would not be liable for delays was printed on the jacket of the tickets issued to passengers, it formed part of the contract of carriage of the airline with the passenger. It also pointed out that the mere fact that a flight operated late would not ipso facto render the airline liable for the payment of compensation to the passengers. To claim compensation under the Consumer Protection Act, the complainant had to prove that a loss or injury was caused due to negligence of the airline. Flights may be delayed due to poor visibility in the airfield, bird hits, tyre burst while landing or take off, sudden strike by any crucial section of the airline staff, all of which may be factors beyond the control of the airline. And in such cases, the delay cannot ordinarily be attributed to negligence on part of the airlines, the commission had said. The consumers have had a raw deal vis-à-vis delayed flights, but the courts will now have to look at the issue differently. In an age where communication and navigational facilities are highly advanced, it is ridiculous to describe delays caused by fog as "circumstances beyond the control of the airline", except in extreme weather conditions. Since safety and efficiency are the pre-requisites of any air transportation system, the service provider, including the AAI, is expected to provide all necessary facilities for the smooth running of the service. One has to also look at the level of preparedness of the airline vis-à-vis its pilots, and its aircraft, besides that of the Airports Authority of India, to overcome the problems faced by inclement weather conditions. Have the airlines equipped their aircraft with the state-of the-art communication and navigation facilities so as to take off and land in foggy weather conditions?All these issues have to be examined and those who have failed to provide the necessary technological back up should be hauled up. So long as this is not done, airlines will not equip themselves with flying in foggy weather conditions and passengers will continue to suffer the consequences. Delays caused due to the lack of preparedness to meet foggy weather conditions constitutes negligence on part of the service providers and they cannot escape liability for such negligence. |
