Consumer Commission asks Vistara to pay ₹1 lakh to judge for cancelling ticket last minute due to overbooking

A consumer commission in Chhattisgarh has directed Vistara airline to pay ₹1 lakh as compensation to a district judge for cancelling his ticket at the eleventh hour due to overbooking [Bhupendra Kumar Vasnikar v. Tata SIA Airlines Ltd.].

In an order dated June 17, the commission held that the airline committed deficiency in service and an unfair trade practice by denying him boarding despite a confirmed ticket.

Vistara had already refunded four times the airfare to the judge but the District Consumer Disputes Redressal Commission at Raipur held that it was not enough to compensate for the physical, mental and financial hardship caused to Judge Bhupendra Kumar Vasnikar. Hence, it ordered the additional compensation of ₹1 lakh.

It also directed the airline to pay ₹10,000 towards litigation costs.

The case arose from a family vacation to Kashmir in May 2023. Vasnikar, who is posted as an Additional District Judge in Kanker, had booked tickets for himself, his wife and their two children. After returning from the trip, the family was scheduled to fly from Delhi to Raipur on Vistara flight UK-797 on May 28, 2023.

According to the complaint, the family reached Delhi airport nearly four hours before departure. However, despite reporting well in advance, they were kept waiting at the airline’s counter for almost three hours without being issued boarding passes or being informed about the reason for the delay.

It was only when boarding time was approaching that airline staff informed the family that only three passengers could be accommodated. Left with no real choice, Vasnikar sent his wife and two children on the flight while he remained behind in Delhi.

The Commission noted that Vistara admitted it had denied boarding because of overbooking, describing it as a common industry practice recognised by the Directorate General of Civil Aviation (DGCA).

The airline also claimed it had tried to accommodate Vasnikar on another flight but none were available. Therefore, it refunded four times the ticket fare in accordance with the applicable guidelines.

Vasnikar, however, argued that the refund did little to undo what followed. He had to book a fresh IndiGo ticket for the next day, spend the night in Delhi and bear additional expenses towards accommodation, transport and food after being separated from his family.

He further alleged that although his ticket had been confirmed well in advance, it was cancelled at the last minute and his seat was sold to another passenger at a much higher price.

The Commission found that the airline had failed to explain why a passenger with a confirmed ticket was ultimately denied boarding.

“In this regard, the opposite parties are silent as to why the complainant was not provided a seat on the flight… even after the ticket was confirmed. The implication of this can be drawn that surely the complainant’s seat was sold by the opposite parties at a higher price,” it noted.

It also held that refunding four times the airfare was insufficient.

“Refunding four times the ticket value is not sufficient because due to the denial of boarding, this act of the opposite parties is clearly an unfair trade practice.” it said.

Holding that the airline’s actions amounted to both deficiency in service and an unfair trade practice, the Commission awarded Vasnikar ₹1 lakh as compensation for the physical, mental and financial hardship he suffered.

It also directed Vistara to pay ₹10,000 towards litigation expenses within 45 days, failing which the amount will carry interest at 7 per cent per annum until payment.

[Read Order]