Written by Esha Jain,
Intern-Lex Lumen Research Journal,
June 2025
INTRODUCTION
Aviation is one of the sectors which is developing in India in the fastest pace. It offers a reliable and economical alternative to the relatively slow road and rail method. Predictions are, that by 2034, India could be one of the largest aviation markets in the world, shoring up its double-digit growth in the past decade.[1] IndiGo remains the leader in terms of the market share with approximately 62% of the domestic passenger market as on FY24.[2]
India’s Consumer Protection Act of 2019 serves as the main guide for consumer protection building on previous laws with new guidelines. This legislation provides air travelers with clear choices when problems occur such as flight delays, cancellations, or issues with boarding or baggage. To clarify, DGCA means the Directorate General of Civil Aviation, the primary body overseeing aviation in India. It aims to ensure safe and secure air travel while safeguarding passengers’ rights. To back this up, the DGCA has established several regulations to assist consumers in the aviation industry.
INITIATIVES AND REGULATORY MEASURES BY THE MINISTRY OF CIVIL AVIATION
In the eon of domestic and international air travel witnessing fast growth in India, the Ministry of Civil Aviation (MoCA)[3] has undertaken significant measures to protect the rights of passengers, especially with respect to denied boarding including off-boarding, cancellation and delays in flights operating out of the airports in the country. [4]As the apex body for the civil aviation of the Government of India, and as the regulator of all aspects of civil aviation in India, it is responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety, and airworthiness standards. To streamline grievance redress, the Ministry created Air Sewa,[5] an online platform with both web and mobile app access for lodging complaints, tracking status and obtaining important travel related information for the passengers. To boost passenger safety, the Ministry set up a Working Group on Regulatory Framework in 2010. This group part of the Civil Aviation Economic Advisory Council (CAEAC)[6] aimed to make fares clearer, look into how domestic airlines price their tickets, and put into action the best practices from around the world.
Also, the DGCA’s Civil Aviation Requirements (CAR) Series M Part IV (2010)[7] on Compensation and Assistance for Passengers Affected by Denied Boarding, Flight Cancellation or Delay mandates airlines to assist and compensate passengers who are eligible for compensation under the relevant travel facilitation statutes devoid of extraordinary circumstances. Cumhuriyet aids airlines in preventing fare confusion with pricing airline tickets granting the needed all-inclusive rates display in a single upfront view. While adhering to international practices, India has incorporated some important concepts from The Montreal convention of 1999 and EU Regulation 261/2004 concerning passenger rights. These efforts indicate that the government is making an effort to give air transport users what they are entitled to while increasing obligations for service providers in the aviation sector.
DGCA REGULATIONS ON CONSUMER RIGHTS AND COMPENSATION IN CIVIL AVIATION
In the Indian context, the DGCA is the primary agency for administering laws concerning consumer protection; air safety; and regulatory standards of civil aviation. The DGCA also works with other agencies such as ICAO to facilitate coherence between Indian aviation and good regulatory practices in the international space.
As per a recent report by DGCA in airline sector customer complaints were flight issues 41.9% of total grievances followed by luggage issues at 19.9% and refunds at 15.4%. Discontent flight passengers primarily cited delays as the main cause of dissatisfaction resource flight problems. The same report highlighted that out of 246 total complaints received ,242 were successfully addressed highlighting high resolution rates across board gaps in customer satisfaction was noted with surge staff courtesy embrace month value uptick August curiosity relative prior teaching period. Increase five point nine percent on august service level jump while up ten two percent behavior range up two four percent four nine nine aggregate customer service observer complaints motioned low percentage zero point four’s related grievance dip ever slightly.[8]
To protect passenger rights, DGCA published Civil Aviation Requirements (CAR) published Series M, Part IV on August fifteenth Two thousand ten mandates compensatory framework implementation airline issued boarding restriction cancellation notice claim disallowed through dialing fee pop notice phrase time restrictions apply available exceptions counter justify situations containing claim terms references cannot outside specified circumstances simplified words free without quarters.[9]
ADJUDICATION OF AVIATION DISPUTES IN INDIA: FORUMS, JURISDICTION, AND EMERGING TRENDS
In India, the adjudication of disputes relating to aviation matters primarily rests upon the issue involved, its nature, and value so that appropriate authority may be constituted. This signifies that a number of specialized bodies and judicial forums have jurisdiction over different aspects of the law relating to aviation.
- Forums Focused on Specific Topics
Aviation-related disputes are determined by different adjudicating authorities depending upon the nature of the dispute. Competition matters, including those under the Competition Act, 2002, are dealt with by the Competition Commission of India (CCI) Consumer-related grievances regarding deficiencies in service or unfair practices on the part of airlines or airport authorities are dealt with by Consumer Commissions under the provisions of the Consumer Protection Act, 2019. Aircraft accidents shall be investigated by AAIB-Aircraft Accident Investigation Bureau-in accordance with rules framed to that effect. Further, compensation claims for such accident occurrences as per Section 22(1) of the Aircraft Act,1934 shall be settled through arbitration or whatever agreement parties may have. Other disputes related to tariffs at any airport are determined by AERA-Appellate Tribunal- with appeals only lying before the Supreme Court of India.
- Role of Civil and Criminal Courts
Civil aviation disputes land before High Courts of India in their writ jurisdiction, particularly under Article 226 of the Constitution. This is more so when challenged regulatory actions by authorities such as the DGCA on issues including lease disputes and aircraft deregistration. The other hand, aviation-related criminal offences are tried before Magistrate Courts. They are Criminal Offences with a Code of Aircraft Act, 1934 and its Rules being Bailable & Non-cognizable, initiated by Regional Director or Head of Directorate as per the Code of Criminal Procedure (Cr.P.C.), 1973. An exception to this is: It is an offence under Rule 91 of Aircraft Rules, 1937 regarding Pollution near Aerodromes as it is a cognizable offence where the Police can register an FIR and prosecute offenders directly. Whatever be the forum in which a dispute arises, the Supreme Court of India shall continue to be the final appellate authority in such matter particularly when there arise constitutional or substantial legal questions.
- Alternative Dispute Resolution (ADR) and Developing Concepts
Considering the intricacy of modern airline transactions, particularly with regard to aircraft leasing and financing, India is progressively moving towards the adoption of specialized centers for more efficient dispute resolution. One such step is the planned introduction of Alternative Dispute Resolution (ADR) systems situated within GIFT City (Gujarat International Finance Tec-City), which serves as India’s considerably first International Financial Services Center (IFSC). This aims at resolving disputed aviation related finances swiftly. Also, India’s signing of the Cape Town Convention and Aircraft Protocol have also reinforced international frameworks for overseeing legal enforcement mechanisms to protect creditor and lessor rights in leasing disputes, increasing perception that legal enforcement processes are more secure and legally transparent.
CHALLENGES IN IMPLEMENTATION AND ENFORCEMENT OF CONSUMER PROTECTION MEASURES
The airline sector has consumer protection standards in India, but there are serious concerns about implementation of all those standards in actuality. A significant obstacle is passengers are not aware of their own rights and the remedies available to them for delay, cancellation, or denial of boarding. Thus, public education remains vital. Additionally, delays in, or barriers to addressing passenger complaints, even with the introduction of Air Sewa, can discourage a passenger from asserting their entitlement. Many airline policies are heavily procedural, instead of substantive and outcomes-based; better access and timelines can improve matters for passengers. Additionally, continued reform of consumer laws remains essential, given changes in technology and business models which may affect how disputes arise. Continued reform and ongoing considerations of passenger protection versus Industry innovation is of utmost importance to sustainable protection framework.
CONCLUSION
As the aviation sector continues to expand rapidly in India, now more than ever is it paramount to provide actionable consumer protections. There is a legal framework set out to support consumer protections within the sector, in accordance with the Consumer Protection Act, 2019 (Act) and with DGCA Advisories/Civil Aviation Requirements for some enforcement of regulation, however, barriers to implementing and enforcing consumer protections exist in the industry. The lack of passenger awareness about their rights, delays and obstacles addressing grievances and a changing landscape of the aviation industry indicate that reforms still need to take place and that regulatory bodies need to be active participants.
[1] INDIA BRAND EQUITY FOUNDATION, https://www.ibef.org/industry/indian-aviation (last visited June 19.2025).
[2] Statista, India: Domestic Airline Traffic Share by Passengers Carried 2024, STATISTA, (last visited June 19, 2025).
[3] MINISTRY OF CIVIL AVIATION, GOVT. OF INDIA, HOME, https://www.civilaviation.gov.in (last visited June 18, 2025).
[4] GOVERNMENT OF INDIA, Guidelines for Air Passenger Compensation Due to Cancellation and Delay in Flight, (last visited June 20, 2025), https://www.civilaviation.gov.in/sites/default/files/Guidlines_for_Air_Passenger_Compensation.pdf
[5] AIRSEWA, https://airsewa.gov.in (last visited June 19, 2025).
[6] CAEAC, Civil Aviation Ministry Sets up Working Group on Regulatory Framework (last visited June 19, 2025).
[7] DGCA’s Civil Aviation Requirements (CAR), https://www.dgca.gov.in/digigov-portal/?dynamicPage=CivilAviationReqContent/6/211/viewDynamicRuleContLvl2/html&maincivilAviationRequirements/6/0/viewDynamicRulesReq (last visited June 18, 2025).
[8] Livemint, “DGCA reports flight problems, baggage, and refunds as top passenger complaints”, 28th October 2023.
[9] Prachi Darji, “Consumer rights in case of aviation disruptions”, Myadvo (2018).
