Flight Cancelled, Delayed or Overbooked? Your Refund and Compensation Rights — Law Chambers of Mridul Jindal

Flight Cancelled, Delayed or Overbooked? Your Refund and Compensation Rights

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Quick answer

  • Passenger rights for domestic airlines are set by the DGCA’s Civil Aviation Requirements, Section 3, Series M, Part IV.
  • If an airline cancels without telling you at least two weeks in advance and cannot offer an alternative close to your original time, you get a refund or alternate flight plus compensation of ₹5,000 to ₹10,000 depending on flight duration, unless the cause was beyond its control.
  • If you are denied boarding despite a confirmed ticket, compensation is up to ₹10,000 (alternate flight within 24 hours) or ₹20,000 (later), unless you volunteered.
  • Complain to the airline’s nodal officer, then on AirSewa, and if unresolved, before the consumer commission.

Cancellations, long delays and overbooking leave passengers stranded and out of pocket. The rules give you defined rights, but airlines rarely volunteer them.

In this article
  1. What are my rights if the flight is cancelled?
  2. What if the flight is delayed?
  3. What if I am denied boarding?
  4. How fast must refunds be made?
  5. What about lost or damaged baggage?
  6. How do I complain?
  7. Need help?
  8. Frequently asked questions
  9. Sources

What are my rights if the flight is cancelled?

  • Informed at least two weeks before: alternate flight or full refund.
  • Informed between two weeks and 24 hours before: an alternate flight departing within about two hours of the original time, or a full refund.
  • Informed less than 24 hours before, or at the airport, with no suitable alternate: full refund, plus compensation of ₹5,000 (block time up to one hour), ₹7,500 (one to two hours) or ₹10,000 (more than two hours), or the one-way basic fare plus fuel charge, whichever is lower.

No compensation is payable if the cancellation is due to “extraordinary circumstances” beyond the airline’s control, such as severe weather, political instability or security risks. Routine technical problems are generally not treated as extraordinary.

What if the flight is delayed?

  • Meals and refreshments, depending on how long the delay is and the flight’s duration
  • For a delay of more than six hours (informed less than 24 hours in advance): the option of an alternate flight or a full refund
  • For long delays at night, hotel accommodation and transfers

What if I am denied boarding?

If you have a confirmed ticket and reported on time but are denied boarding because of overbooking, the airline must first ask for volunteers. If you are involuntarily denied boarding, you are entitled to:

  • No compensation if an alternate flight departs within one hour
  • 200% of the one-way basic fare plus fuel charge, up to ₹10,000, if the alternate departs within 24 hours
  • 400%, up to ₹20,000, if the alternate departs after 24 hours

How fast must refunds be made?

Refunds for card payments should be processed within 7 days, cash payments immediately, and bookings through travel agents or online portals within 30 days. Airport taxes and user fees are refundable even on non-refundable fares.

What about lost or damaged baggage?

Report it at the airport and get a Property Irregularity Report before leaving. Domestic liability is limited under the Carriage by Air Act, 1972, and international liability under the Montreal Convention, unless you declared a higher value.

How do I complain?

  1. Write to the airline’s nodal officer with your PNR, boarding pass and receipts.
  2. If there is no satisfactory reply, file a complaint on the AirSewa portal of the Ministry of Civil Aviation.
  3. File a consumer complaint for deficiency in service on e-Jagriti. Consumer commissions often award compensation for harassment beyond the DGCA amounts. Read how to file on e-Jagriti.

Need help?

Speak to our consumer court lawyer in Noida, see our civil law practice, or contact us. Also read about insurance claim rejections.

Frequently asked questions

Do I get compensation if my flight is cancelled due to bad weather?

Usually not cash compensation, because severe weather is an extraordinary circumstance. You are still entitled to a refund or an alternate flight.

How much compensation is payable for denied boarding?

Up to ₹10,000 if the alternate flight departs within 24 hours, and up to ₹20,000 if it departs later, unless you volunteered to give up your seat.

How long does an airline have to refund my ticket?

Seven days for card payments, immediately for cash, and up to 30 days for bookings made through agents or online portals.

Can I go to consumer court against an airline?

Yes. A cancellation or delay handled unfairly is a deficiency in service, and consumer commissions can award refunds, compensation and costs.

Sources

  • DGCA Civil Aviation Requirements, Section 3, Series M, Part IV — Facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights
  • DGCA Civil Aviation Requirements, Section 3, Series M, Part II — Refund of airline tickets
  • Carriage by Air Act, 1972; Montreal Convention, 1999
  • Consumer Protection Act, 2019 — Sections 2(11), 34 and 69

This article is general legal information, not legal advice for your specific case. Amounts are as per the DGCA rules at the time of writing and may be revised; please check the current CAR or consult an advocate before acting.

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Disclaimer: This blog is published by Law Chambers of Mridul Jindal for general informational and educational purposes only. It does not constitute legal advice, nor does it create an advocate–client relationship. It is not intended as advertisement or solicitation under the Bar Council of India Rules. Laws and judicial interpretations change over time; please consult a qualified advocate about your specific facts before acting on any information here.
Adv. Mridul Jindal

Adv. Mridul Jindal

Adv. Mridul Jindal is a first-generation lawyer and a graduate of Jindal Global Law School. Enrolled with the Bar Council of Delhi on 14 July 2021 (Enrolment No. D/3547/2021), he practises before the Supreme Court of India, the Delhi High Court, and district courts, tribunals and consumer forums across Delhi, Ghaziabad and Noida. He is a member of the Supreme Court Bar Association, the Delhi High Court Bar Association, the Central Delhi Court Bar Association, the Shahdara Bar Association and the New Delhi Bar Association. His practice is centred on criminal and constitutional law, including bail, FIR quashing and writ petitions, and also covers civil, property, family, consumer and commercial matters. View full profile →

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