The Delhi High Court declined to entertain a PIL seeking fourfold compensation from IndiGo over large-scale flight cancellations, advising the petitioner to join an existing case and cautioning that “getting charged” would not resolve passenger grievances.
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NEW DELHI: The Delhi High Court recently heard a public interest litigation (PIL) seeking an inquiry into the IndiGo flight disruption and demanding fourfold compensation for passengers stranded due to widespread flight cancellations.
The bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, carefully examined the scope and reliefs sought in the petition.
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The petition, filed by the Centre for Accountability and Systemic Change, was represented by Advocate Virag Gupta, while Senior Advocate Sandeep Sethi appeared for IndiGo. The Union government was represented by ASG Chetan Sharma.
During the hearing, Justice Gedela clarified:
“We have not fixed compensation yet. We only said it will be considered after hearing what steps have been taken.”
Advocate Gupta emphasized the scale of disruption:
“Around 12.5 lakh passengers have suffered. Our prayers are distinct, and we have not approached the Supreme Court. Not everyone can approach consumer courts. Despite court directions, refunds have still not been issued, and no compensation has been paid, even though fourfold compensation is part of IndiGo’s own policy.”
The court questioned the petitioner on the approach for seeking relief. Justice Gedela asked:
“Please clarify the legal position does a class action require each individual to approach the consumer court?”
The bench also scrutinized the petition’s dual reliefs of compensation and class action, highlighting that they are “mutually destructive.” Chief Justice Upadhyaya noted:
“Your reliefs seek both damages and a class action, but you can pursue only one. If you want this Court to direct the Central Government to initiate a class action, the quantum of compensation will be determined by the Consumer Court.”
Advocate Gupta responded by differentiating between compensation and damages:
“Compensation and damages are distinct. In case of flight cancellations within 24 hours, airlines are liable to pay compensation, whereas damages are determined by consumer courts.”
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Court’s Observations
The court pointed out that many issues raised in the present PIL could be addressed in an earlier PIL filed on similar matters. The order stated:
“The jurisprudence evolved by the Supreme Court and various High Courts on PILs permits courts to expand the scope of an existing petition where public interest so warrants. Accordingly, the Court declined to entertain the present writ petition, granting liberty to the petitioner to seek impleadment in the earlier PIL.”
Chief Justice Upadhyaya also emphasized the need for a calm approach:
“Please don’t get charged that does not serve anyone’s purpose. Mr Sharma here will get double charged then. We welcome your assistance but please don’t get charged.”
The court also highlighted that interim prayers are ancillary to the main reliefs and cannot be entertained independently.
Passengers affected by IndiGo flight cancellations may still seek relief, but the court’s directions suggest:
- The petitioner must seek impleadment in the earlier PIL.
- Compensation and damages can be addressed either by the court or through consumer forums, depending on the relief pursued.
- Individual passengers may need to wait for structured remedies rather than expecting immediate payouts.
Background of the PIL
The fresh petition filed by CASC alleged that IndiGo’s failure to comply with revised Flight Duty Time Limitation (FDTL) norms triggered a nationwide aviation crisis, resulting in the cancellation of over 5,000 flights. According to the plea, the disruptions left thousands of passengers stranded at major airports, with delayed refunds, inflated airfares despite government caps, and inadequate communication from the airline.
The petitioner also sought a direction to the Central Government to initiate a class action suit against IndiGo under Sections 2(5)(iii) and 35(1)(d) of the Consumer Protection Act, 2019, and requested an investigation by a retired judge or the Lokpal into DGCA’s alleged negligence.
Earlier High Court and Supreme Court Orders
The ongoing PIL related to the IndiGo crisis was heard on December 10, when the Court directed IndiGo to ensure compensation to affected passengers and instructed the Central Government to take action against erring airlines.
A previous PIL filed by an individual was also disposed of by the Supreme Court, with liberty granted to intervene in the PIL pending before the Delhi High Court.
Case Title:
CENTRE FOR ACCOUNTABILITY AND SYSTEMIC CHANGE CASC V/s UNION OF INDIA & ORS.
W.P.(C)-19142/2025
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