Judge Denied Boarding Due to Overbooking; Consumer Court Orders Vistara to Pay ₹1.1 Lakh Compensation

Judge Denied Boarding Due to Overbooking

In a significant ruling protecting air passengers’ rights, a Consumer Commission has directed Vistara Airlines to pay ₹1 lakh as compensation along with ₹10,000 towards litigation costs after an Additional District Judge was denied boarding despite holding a confirmed ticket due to overbooking.

The commission observed that the airline’s actions caused the passenger and his family unnecessary mental, physical, and financial hardship.

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What Happened?

The complainant, Bhupendra Kumar Vasnikar, an Additional District Judge in Chhattisgarh, had planned a family vacation to Kashmir. The family was scheduled to return via Delhi to Raipur on May 28, 2023, using confirmed Vistara tickets.

Although the family arrived at Indira Gandhi International Airport nearly four hours before departure and completed the check-in process well in advance, the airline refused to issue a boarding pass to Judge Vasnikar.

After waiting for nearly three hours, Vistara issued boarding passes only to his wife, son, and daughter, forcing them to travel without him.

Ticket Allegedly Resold at a Higher Price

According to the complaint, Judge Vasnikar had purchased the Delhi–Raipur ticket on May 9, 2023, for ₹7,204.

The Consumer Commission found that Vistara had allegedly cancelled his confirmed ticket and sold the same seat to another passenger for nearly ₹40,000 without informing him.

The commission noted that the airline failed to provide any convincing explanation for denying boarding despite the confirmed reservation.

Forced to Stay in Delhi

Since no seats were available on any flight that day, the judge had to stay overnight in Delhi, incurring additional expenses for accommodation, food, and transportation.

The next day, May 29, 2023, he booked an IndiGo ticket worth ₹18,823 at his own expense to return to Raipur.

The Consumer Commission also pointed out that Vistara failed to arrange an alternative flight despite denying him boarding.

What Did Vistara Say?

In its defence, Vistara argued that:

• Overbooking is a DGCA-approved commercial practice.
• The airline attempted to accommodate the passenger on another flight the same day.
• Due to non-availability of seats, the arrangement could not be made.
• The passenger was refunded four times the ticket fare as per applicable guidelines.

Consumer Commission’s Observations

The bench comprising President Prashant Kundu and Member Anand Verghese, while delivering its judgment on June 17, observed that:

• A confirmed ticket does not justify arbitrary denial of boarding.
• The complainant suffered mental trauma after being separated from his family.
• He had to remain stranded in Delhi for two days.
• Merely refunding four times the ticket value could not compensate for the hardship caused.

The commission further remarked that the airline’s decision to refund four times the fare indirectly indicated that the seat had been sold at a significantly higher price.

Compensation Ordered

The Consumer Commission directed Vistara Airlines to pay:

• ₹1,00,000 as compensation for mental and physical harassment.
• ₹10,000 towards legal expenses.

Passenger Rights

The commission emphasized that airlines must treat confirmed bookings responsibly and ensure that passengers are not denied boarding without valid justification.

Passengers facing similar issues are advised to:

• Contact their respective State Consumer Helpline, or
• Call the National Consumer Helpline (1915) for assistance.

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