Hyderabad Court: Radha Devi Mandhana Alliance Air NBW Issued

• Alliance Air paid over ₹16 lakh in compensation to 33 passengers after a Hyderabad consumer court issued non-bailable warrants against its officials.
• The dispute originated from the abrupt cancellation of a Hyderabad–Mysore flight on June 2, 2022, less than three hours before departure.
• Passengers, a 33-member family including infants and senior citizens, were left stranded and incurred ₹2.70 lakh in losses for non-refundable hotel and cab bookings.
• The District Consumer Disputes Redressal Commission-II, Hyderabad, found Alliance Air guilty of gross deficiency in service on July 11, 2024.
• Following the payment and satisfaction of the decree, the non-bailable warrants were recalled, and execution proceedings were terminated on October 14.

The personal liability faced by officials through non-bailable warrants serves as a potent reminder that corporate entities cannot simply disregard their obligations, reinforcing the framework designed to safeguard passengers' interests and ensure fair treatment.

On June 2, 2022, a 33-member family, comprising infants and senior citizens, faced an unexpected disruption to their travel plans at Hyderabad's Rajiv Gandhi International Airport. They were scheduled to board an Alliance Air flight bound for Mysore. However, less than three hours before the scheduled departure, the airline issued an SMS notification, abruptly informing the group of the flight's cancellation. This sudden announcement left the passengers stranded and without immediate recourse.

The situation was further exacerbated by the airline's subsequent actions, or lack thereof. The family reported receiving no assistance or refreshments while at the airport. Although Alliance Air offered alternative seating, these arrangements were only for a limited number of individuals within the large group, rendering them impractical for the entire party. Ultimately, the airline provided a written communication advising the passengers to abandon their entire trip. This unfortunate turn of events highlighted a clear instance of airline deficiency in service India.

This distressing experience prompted the affected passengers to initiate legal action, leading to the case of Radha Devi Mandhana vs M/s The Alliance Aviation Ltd. The matter was brought before the District Consumer Disputes Redressal Commission-II, Hyderabad, a body comprising President Vakkanti Narasimha Rao and Members P V T R Jawahar Babu and Suma Vala. On July 11, 2024, the Commission issued an order, unequivocally finding Alliance Air guilty of gross deficiency in service.

Crucially, when the airline failed to comply with the Commission's directives, the Hyderabad consumer court escalated its enforcement measures. It issued non-bailable warrants (NBWs) against officials of Alliance Air, a significant step underscoring the seriousness with which consumer protection airline liability is viewed. This firm action prompted the airline to address its obligations. Subsequently, Alliance Air paid over ₹16 lakh in Alliance Air flight cancellation compensation to the 33 aggrieved passengers. With the compensation settled, the Commission recorded its satisfaction with the decree on October 14, leading to the termination of execution proceedings and the recall of the previously issued non-bailable warrants.

This resolution sets a powerful precedent for consumer rights and airline accountability within India. The Hyderabad consumer court non-bailable warrants issued against Alliance Air officials demonstrate that regulatory bodies are prepared to take stringent measures to ensure compliance with their orders, especially in cases of clear deficiency in service. The outcome of the Radha Devi Mandhana Alliance Air NBW case sends a clear message to all service providers, particularly in the aviation sector, that neglecting consumer grievances and court directives can lead to severe consequences for company executives.

The case underscores the critical importance of robust consumer protection mechanisms. It highlights that airlines operating in India must not only adhere to established regulations but also respond promptly and effectively to consumer complaints and judicial pronouncements. The personal liability faced by officials through non-bailable warrants serves as a potent reminder that corporate entities cannot simply disregard their obligations, reinforcing the framework designed to safeguard passengers' interests and ensure fair treatment.

Lawyers advising airlines or travel companies must note the severe implications, including non-bailable warrants against officials, for non-compliance with consumer court orders regarding flight cancellations and service deficiencies, emphasizing the need for prompt resolution and adherence to consumer protection regulations to avoid personal liability for company executives.

Source: Original reporting via legal news source