2020 (2) ABR 443

Supreme Court Of India

(From: NCDRC, New Delhi)*

Hon'ble Judge(s): A. M. Khanwilkar, Dinesh Maheshwari , JJ

Consumer Protection Act (68 of 1986) , S.2(1)(g), S.21— Deficiency in service - Denial of boarding in flight - Failure of passenger to reach at boarding gate before scheduled time after issuance of boarding pass - No contractual obligation on airlines to escort every passenger up to boarding gate - No material produced to show how passenger prevented or misled from reporting at boarding gate within time - Case of 'Gate No Show' by passenger and not one of 'denied boarding' - Mere non- accommodation of passenger in next flight without payment of airfare, cannot be regarded as deficiency in service - Airlines liable only to refund Government and Airport fees and taxes and not for any loss caused to passengers. Concededly, it is the primary obligation of the passenger, who has been issued boarding pass to undergo the security-check procedure and reach at the boarding gate well before (at least 25 minutes before) the scheduled departure time. No doubt, it is said that the consumer is the king and the legislation is intended to safeguard and protect the rights and interests of the consumer, but that does not mean that he is extricated from the obligations under the contract in question much less to observe prudence and due care. It is not the case of the respondents that they were delayed during the security check much less due to the acts of commission or omissi....