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Consumer complaint

(Querist) 18 July 2012 This query is : Resolved 
Hi Experts,

as we know,Air India`s pilots went on stike,my friend purchased ticket from Canada,and when she was in India she extended her ticket from March to July.But in July their was strike of Air India`s pilots,she went to canda by Air France via Amritsar to delhi,where flight stayed approximately 10 hrs & then Paris where stay was 8 hrs & then went to Toronto.Her 16-18 hrs journery became 36 hrs with long stay in stange airport where she did not know to anyone.My request is that is she can file consumer complaint in Indiaeven she purchased ticket from Toronto? Do we need to send legal notice to Air India,if yes then what time after legal notice to file complaint agaist Air India.
thanks in advance
ajay sethi (Expert) 18 July 2012
ticket has been purchased in canada . payment made in canada . air india must be having offices in canada . advisable to claim comepnsation for delayed flights by notice in canda .
ajay sethi (Expert) 18 July 2012
Air travellers to get Rs 10,000 for flight delays

Press Trust of India
Posted online: Sunday, December 24, 2006 at 1113 hours IST
Updated: Sunday, December 24, 2006 at 1134 hours IST

New Delhi, December 24: In a relief to passengers, who are left stranded at airports owing to flight cancellation and delays due to technical snags, State Consumer Commission has held that airlines operating from Delhi will have to pay a compensation of Rs 10,000 each to domestic travellers if the delay exceeded two hours.

"Every airline operating from Delhi shall pay a minimum compensation of Rs 10,000 to every domestic passenger in case there is delay in departure and arrival of two hours or more than the schedule time," Justice J D Kapoor, President of the Commission, said in a common order.

The Commission also ordered that all the affected passengers of international flights would be paid Rs 20,000 each as compensation.

Late running, cancellation of flights, offloading of consumers with confirmed status of ticket and traffic congestion in the air and on the ground have become the order of the day, said Justice Kapoor adding "they cause enormous mental agony, harassment and physical discomfort which are not assessable in terms of money".


The Commission, however, observed that the delays caused due to inclement weather, tyre bursts, which are beyond control of the service providers, did not entitle passengers to get compensation.

The order came on an appeal filed by Alliance Air Limited (AAL) against the verdict of a District Consumer Forum which had asked it to pay Rs 6,000 as compensation to one Daljit Singh Nirman who could not attend the meeting at Jammu as his flight got delayed by six hours at Delhi airport.

As per Nirman, a resident of Janak Puri here, his flight to Jammu on September 26, 1999 was scheduled to leave Delhi at 1010 hrs.

On his arrival at the airport, he was informed that the flight would leave two hours after the schedule time whereas it finally took off after a wait of about six hours.

Later, he approached the forum which allowed his complaint.

Against this, AAL appealed to the Commission which not only dismissed its appeal but issued a general order binding all airlines operating from Delhi to compensate their passengers for flight delays.
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ajay sethi (Expert) 18 July 2012
Before the Montreal Convention, passengers or their legal heirs had four choices of country for filing claims: the place where the ticket was issued, the airline’s principal place of business, the passenger’s destination and the carrier’s place of domicile. The Montreal Convention adds a fifth choice: the passenger’s place of domicile, provided the airline has a presence there.


since india i belive has ratified montral convention by amending carriage by air act 1972 and since pricipal place of business of air india is india you cn afile complaint in india too


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