Air India fined INR 10 lakh by DGCA for denying boarding despite valid ticket; DGCA issues new rules for airlines

Aviation regulator DGCA has imposed a fine of INR 10 lakh on Air India for denying boarding to passengers holding valid tickets and thereafter not providing mandatory compensation to them.

According to the regulator, Air India may not have a policy in this regard and does not pay compensation to the passengers.

"After that, a series of checks were carried out by DGCA and during our surveillance at Bengaluru, Hyderabad and Delhi, there were specific instances, in the case of Air India - where the regulation (regarding compensation to passengers) is not being followed and therefore, a show-cause notice was issued to the airline and also a personal hearing was afforded.To say the least, it is a matter of serious concern and unacceptable. In the specific cases detailed in the show cause notice, after going through AI submissions, as part of enforcement action, the competent authority has levied a penalty of INR 10 lakh."Directorate General of Civil Aviation (DGCA)

"In addition, the Airline has been advised to immediately put the systems in place to resolve the issue - failing which DGCA shall take further action," it added.

"Our stipulations on the subject are in sync with FAA and EASA and similar regulations are followed globally to accord appropriate respect to passenger rights," it noted.

The action came following numerous reports of flyers being denied boarding by several airlines despite having valid tickets and presenting on time. Despite guidelines on the same being in place, certain airlines were not following them, the DGCA said after conducting a series of checks at Bengaluru, Hyderabad, and Delhi.

What do DGCA rules say?

As per DGCA regulations issued in 2010, when the number of passengers who have tickets for a flight and report for boarding at the airport on time is higher than the number of seats on the flight, the airline must first ask for volunteers to give up their seats in exchange for certain benefits.

Air India fined INR 10 lakh by DGCA for denying boarding despite valid ticket; DGCA issues new rules for airlines

In case the number of volunteers is insufficient, the airline does not need to compensate passengers who have been denied boarding, provided they are given a ticket on an alternative flight departing within one hour of the original flight's departure.

Passengers who are denied boarding and can't be provided with a ticket on an alternative flight departing within one hour of the original flight's departure need to be compensated, as per DGCA rules.

The airline has to give an amount equal to 200% of the basic fare plus fuel charges in case the alternative flight is scheduled to depart within 24 hours of the original flight's departure.

The airline has to give an amount equal to 200% of the basic fare plus fuel charges in case the alternative flight is scheduled to depart within 24 hours of the original flight's departure.

The compensation increases to 400% of the basic fare plus fuel charges if the alternative flight is scheduled to depart more than 24 hours after the original flight's departure, as per the rules.

INR 10,000 fine if boarding is denied on a valid ticket

The Directorate General of Civil Aviation (DGCA) on June 14 said that if a passenger holding a valid ticket is denied boarding, the airline will have to pay a compensation of up to INR 10,000 to the traveller if the airline is not able to arrange an alternate flight for the said passenger within an hour.

As part of its new guidelines, India's aviation regulator said that in the case of denied boarding to a passenger holding a valid ticket and having presented on time, airlines will have to pay a compensation of INR 10,000, if an alternate arrangement is made by the airline within next 24 hours.

However, for anything beyond 24 hours, compensation up to INR 20,000 is laid down, the DGCA said.

INR 10,000 fine on airlines if boarding is denied on a valid ticket

The move by the aviation watchdog comes after it carried out a series of checks at Bengaluru, Hyderabad and Delhi airports and found specific instances where passengers were denied boarding by Air India.

“A show-cause notice was issued to the Airline (Air India) and also a personal hearing was afforded,” the DGCA said in a press release. The DGCA added that Air India until now did not have a specific policy for passengers being denied boarding.

“It appears that the Airline (Air India) does not have a policy in this regard and is not paying any compensation to hapless passengers, whose numbers can be anybody’s guess,” the DGCA said.

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Communist Party of India (Marxist) Rajya Sabha MP from Kerala, Dr V Sivadasan, wrote a letter to Director General of Civil Aviation (DGCA) Arun Kumar alleging assault on Kerala Chief Minister Pinarayi Vijayan inside a flight from Kannur to Thiruvananthapuram on Monday, June 13.

Sivadasan, in a letter dated June 13, said, “I would like to invite your attention to the heinous attempt to physically attack the Chief Minister of Kerala Pinarayi Vijayan, posing a grave threat to his life and security in complete violation of Aircraft Security Rules and conventions, in the Indigo flight from Kannur to Thiruvananthapuram on June 13, 2022.”

https://twitter.com/ANI/status/1536548062461501440

Upper House MP Sivadasan further said the highly condemnable incident should be promptly investigated and stringent action should be taken against the offenders who have tried to assault the Chief Minister.

Two Youth Congress leaders in black shirts on board a private airline raised slogans in connection with the gold smuggling case against Kerala Chief Minister Pinarayi Vijayan who was also on the same flight on Monday, June 13.

A viral video shows a man pushing protesters on the flight to save Chief Minister Vijayan. Two Youth Congress leaders can be seen sitting in front of the steps of the plane where several passengers are seen coming out.

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Three Youth Congress workers boarded the Kannur-Thiruvananthapuram Indigo flight by purchasing tickets at the last moment from the counter, paying around INR 12,000 per ticket. After the flight landed in Thiruvananthapuram around 4:50 PM, two of them got up and moved towards the CM’s seat raising slogans. The third worker didn’t take part in the protest but recorded the act on phone.

Jayarajan, who was behind the CM, pushed the workers who fell on the aisle. “The attempt to attack the chief minister happened when he got up to take his bag,” said Jayarajan who also alleged that the protesters were in an inebriated condition.  

Youth Congress State vice-president and former MLA KS Sabarinathan also released a three-second video on social media in which the two workers of the organisation were seen raising slogans against the Chief Minister seeking his resignation and a man, who accompanied the Chief Minister, pushing them away.

The Kerala gold smuggling case pertains to the smuggling of gold in the state through diplomatic channels.

The airport officials later detained the two youth leaders and handed them over to the airport police. “Incident happened at around 5 PM when the two passengers raised anti-CM slogans while on board,” an airport official told ANI.

The incident was later reported to the aviation regulatory body of the Director-General of Civil Aviation (DGCA) for investigation.

What is the Kerala gold smuggling case?

The Kerala gold smuggling case pertains to the smuggling of gold in the state through diplomatic channels. It had come to light after 30 kg gold worth INR 14.82 crore was smuggled in a consignment camouflaged as diplomatic baggage was busted by the customs department in Thiruvananthapuram on July 5, 2019.

It had come to light after 30 kg gold worth INR 14.82 crore was smuggled in a consignment camouflaged as diplomatic baggage was busted by the customs department in Thiruvananthapuram on July 5, 2019.

However, the prime accused, Swapna Suresh, alleged that in 2016, M Sivasankar, the former Principal Secretary to the Kerala CM, had asked her to send the baggage to Dubai which belonged to Vijayan.

However, when the bag was brought to the consulate, it was found that it contained currencies and the entire gold smuggling business had begun from then.

Aviation rules and punishment

According to Rule 23 of Aircraft Rules, 1937, no person who is on board an aircraft shall indulge in the assault, intimidate or threaten any other person either verbally or physically.

According to Rule 23 of Aircraft Rules, 1937, no person who is on board an aircraft shall indulge in the assault, intimidate or threaten any other person either verbally or physically.

The next landing location will be the jurisdiction for taking cognisance of such an offence. If proven, the accused can be imprisoned for one year or slapped with a fine of Rs 5 lakh or both.

As per norms revised by DGCA in 2017, any passenger who verbally assaults a co-passenger or crew can be banned from flying for three months. Any passenger who assaults a co-passenger can be banned from flying for six months.

The Directorate General of Civil Aviation (DGCA) on Monday, June 13 ordered a probe into the incident of forced landing by a trainee aircraft from the Indira Gandhi Rashtriya Uran Akademi (IGRUA) at Fursatganj in Uttar Pradesh's Raebareli.

"IGRUA DA-40 aircraft VT-FGC involved in solo at IGRUA, Fursatganj Airfield Raebareli made a forced landing outside the Aerodrome boundary due to suspected power loss.The student pilot was released after the third solo check. Student pilot has 26:50 dual and one hour of solo experience. The student pilot is safe, however, the aircraft has suffered damages."DGCA Official

Meanwhile, on Tuesday, June 7, a Red Bird flight training organisation (FTO) Tecnam P2008 aircraft had a hard landing on Baramati runway in Maharashtra, in which there has been a heavy impact on the aircraft's nose landing gear.

IGRUA FTO trainee aircraft crash lands in UP, DGCA orders probe

However, on June 6, Cessna 152 aircraft VT-EUW of Gati-- a pilot training organisation-- crashed near Birasal airstrip in Odisha. In the accident, the propeller and nosewheel of the aircraft got damaged while the student pilot received minor injuries.

The incident took place after the said aircraft went out of the runway during the take-off roll when it was engaged in a solo circuit and landing at the Birasal airstrip.

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A Cessna 152 aircraft VT-EUW belonging to Government Aviation Training Institute (GATI) goes out of runway during take-off roll while engaged in solo circuit and landing at Birasal (Odisha).

A trainer aircraft crashed in Telangana’s Nalgonda on Saturday, February 26. The female trainee pilot, identified as 28-year-old G Mahima from Tamil Nadu, died in the crash. The details of other people on board are yet to be known. 

The aircraft – a Flytech Aviation Cessna 152 – had taken off from Macherla in the Guntur district of Andhra Pradesh. It is believed that it hit an electric pole before crashing to the ground.

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SpiceJet on Monday, June 13 announced that it has secured RA3 (Regulated Agent Third country) and ACC3 (Air Cargo or Mail Carrier operating into the Union from a Third Country Airport) certifications.

The certifications will allow SpiceJet to not only transport mail and cargo on its airplanes under its Air Operator Permit but also handle cargo and mail of other airlines for transporting to or via the European Union and the United Kingdom, airline officials said.

“These certifications are an attestation of our commitment to aviation safety and adherence to the highest and most stringent security standards in our operations. The new certifications will help SpiceJet gain new business opportunities from international airlines, freight forwarders, cargo agents, international couriers as it allows us to seamlessly carry cargo both to and via the European Union and the United Kingdom.” Ajay Singh, Chairman and Managing Director, SpiceJet

SpiceJet successfully cleared stringent cargo security audit and on-site verification to check compliance with the latest standards in European Union and the United Kingdom.

ACC3 and RA3 are supply chain security initiatives designed by the European Union to secure and regulate inbound air cargo and mail coming in from other countries.

ACC3 and RA3 are supply chain security initiatives designed by the European Union to secure and regulate inbound air cargo and mail coming in from other countries.

Currently, the airline’s operations at airports in Mumbai, Delhi, Chennai, Hyderabad, Bengaluru, Thiruvananthapuram, Ahmedabad and Kochi are ACC3 certified for both EU and the UK. Kolkata is certified for EU operations and is expected to receive certification for UK operations soon.

Similarly, SpiceJet operations at Mumbai, Delhi, Chennai, Hyderabad, Bengaluru, Thiruvananthapuram, Kolkata, Ahmedabad and Kochi airports are RA3 certified for both EU and the UK while the airport in Goa is RA3 certified for EU and will soon be certified for the UK.

Air carriers that fly cargo or mail from a non-EU airport to an EU airport (ACC3) must ensure that all cargo and mail carried to the EU is physically screened or comes from a secure supply chain which is validated according to the EU regulations.

SpiceJet obtains certifications for international cargo operations in the EU and UK

SpiceXpress is an Indian cargo carrier headquartered in Delhi. The carrier is a dedicated cargo subsidiary of SpiceJet, operating international and domestic services to destinations worldwide using narrowbody equipment.

It is the first scheduled domestic airline to launch dedicated air cargo services in India. SpiceJet acquired a Boeing 737-700F on an operating lease for the cargo carrier. SpiceXpress launched service operations in September 2018, with a Delhi-Bengaluru service.

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In November 2021, SpiceJet chairman and MD Ajay Singh reported the LCC expects to complete the process of transferring its cargo and logistics services on a slump sale basis to its subsidiary SpiceXpress by the end of 2021.

SpiceXpress is a dedicated cargo subsidiary of SpiceJet, operating international and domestic services to destinations worldwide using narrowbody equipment.

Mr Singh said SpiceXpress will commence operations as a separate entity in January 2022. The logistics arm has a network that spans over 68 domestic and over 110 international destinations including the US, Europe and Africa.

The expansion of the cargo business remains crucial for the airline as in a pandemic hit global environment, the cargo operations have significantly aided the revenues of the airline. In Oct-Dec, cargo revenues contributed 35% to overall revenues compared to 22% in the year-ago period of the airline.

The Maharashtra government’s town planning authority, the City and Industrial Development Corporation (CIDCO), has handed over the entire 2,866 acres of land to Adani Enterprises, the concessionaire for the development of greenfield Navi Mumbai International Airport.

CIDCO has managed to evict all 3,070 structures in the project area of the proposed international airport, which will be the second airport for the country’s financial capital. The town planning body is also close to completing the rehabilitation of more than 5,000 families from the villages that fall under the area.

With this, CIDCO has achieved an important milestone in the development of the airport project, which is being developed by Navi Mumbai International Airport Pvt Ltd (NMIAL), a subsidiary of Adani Enterprises.

CIDCO gives 2,866 acres of land to Adani for the development of Navi Mumbai airport

CIDCO is developing the international airport project on an area of or over 2,866 acres (1160 hectares) by acquiring 10 villages in the Panvel area of Raigad district near Mumbai.

Considering the contribution made by the PAPs from these villages for a nationally important project, CIDCO has already provided them with a comprehensive rehabilitation package as approved by the government of Maharashtra.

“CIDCO has successfully completed the important milestones of the airport project to date due to the cooperation of the PAPs (project-affected persons) of Navi Mumbai International Airport. The challenging task of clearing the airport site was no exception to it. The work of Navi Mumbai International Airport is proceeding as per the scheduled timelines and the project is on track."Sanjay Mukherjee, Vice Chairman and Managing Director, CIDCO

As part of this package, for the rehabilitation of those affected by the airport project, CIDCO is developing Pushpak Nagar, a complete rehabilitation and resettlement area with all the physical, social and cultural infrastructure near the airport area.

Public buildings, churches as well as public and privately owned a total of 56 temples have been relocated to the rehabilitation area and the idols have been shifted with the support of the PAPs.

“For this international airport project, CIDCO received excellent cooperation from the PAPs at every stage. So far, 3,070 buildings in the airport core area have been evicted by CIDCO. Rehabilitation of more than 5,000 families from these evicted buildings to the rehabilitation and resettlement area is near to completion."City and Industrial Development Corporation (CIDCO)

A total of 27 constructions including community temples, schools and cemeteries have also been evicted. It has also completed all necessary and important pre-development works in the airport area.

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In March, Adani Enterprises’s subsidiary and concessionaire Navi Mumbai International Airport Private Ltd announced achieving financial closure for the greenfield international airport with the execution of financing documents with the State Bank of India. The SBI has underwritten the entire debt requirement of INR 12,770 crore for the airport project.

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Navi Mumbai International Airport is a proposed green field airport project located in Mumbai’s Kopra-Panvel area. Navi Mumbai will be Mumbai's second airport. Upon its completion, Mumbai will be the first city in India to have more than one airport. 

The airport is being built through a public-private partnership between the Airports Authority of India (AAI) and the Government of Maharashtra, together with Mumbai International Airports Ltd (MIAL) who is expected to hold 74% of the equity.

The airport will be able to host new-generation aircraft like the A380 and Boeing 747-8. India plans to issue a 30-year concession tender for the development and operation of the airport. 

Following 30 years of operation, a 10-year extension will be awarded based on the operational performance of the airport operator.

India's Ministry of Civil Aviation stated that any extension beyond 40 years and before 60 years of operation will be done using a bidding process, and the existing promoter has the right of first refusal.

AirAsia India's two A320 aircraft, which were heading from Delhi to Srinagar, returned to the national capital as they faced technical snags mid-air within approximately six hours on Saturday, June 11.

The Delhi-Srinagar flight I5-712, which was being operated on A320 aircraft with registration number VT-APJ, took off from the Delhi airport at around 11:55 AM. After the plane was mid-air for about half an hour, the pilot announced that the aircraft (VT-APJ) is facing a technical snag.

A320 VT-APJ aircraft safely returned to Delhi airport at around 1:45 PM with all the passengers.

AirAsia India's 2 aircraft return to Delhi within 6 hours due to technical snags mid-air

Another A320 aircraft with registration number VT-RED was arranged by the airline to conduct the I5-712 flight so that the stranded passengers could be taken to Srinagar.

Sometime after the second plane took off, the pilot announced that this aircraft (VT-RED) too has developed a technical snag and it will have to return to the Delhi airport. VT-RED aircraft safely returned to Delhi airport at around 5:30 PM with the passengers.

"AirAsia India confirms that flight from Delhi to Srinagar had to return to Delhi on account of a technical snag. The aircraft is being operated after rectification of the snag to recover continuity of operations to and from Srinagar.We regret the inconvenience and disruption to the travel plans of our guests and reaffirm our commitment to safety in all our operations."Spokesperson, AirAsia India

After two failed attempts at ferrying passengers to their destination, AirAsia India decided to offer them a full refund on their tickets. In addition, passengers were also provided with the option to book another AirAsia India flight within the next 30 days.

Airbus, which manufactures A320 aircraft, did not respond to PTI's request for a statement on this matter.

AirAsia India decided to offer the passengers a full refund on their tickets.

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