Bird-hit airline delay claim grounded

In a major relief to airlines, Delhi state consumer disputes redressal commission has held that an airline is not subjected to compensation for delay if its craft is hit by a bird.

The stand was taken after a passenger of a Go Air flight was denied compensation for delay because the plane was hit by a bird.

Bird hits have been a cause for concern both for airlines in India and abroad.

According to figures recently submitted by the ministry of civil aviation in the Lok Sabha, there were 295 bird hit incidents in 2008 and 292 in 2009.

The present case took place in 2007, when a Delhi resident, Nanita Sharma, had to wait at the Mumbai airport for more than nine hours as the Go Airlines flight scheduled from Mumbai to Delhi was late after being hit by a bird in the national capital. Sharma alleged in a complaint filed before the consumer court that there was no arrangement for drinking water, refreshment or food at the airport’s lounge.

Aggrieved with the services of the airlines she approached the district consumer forum seeking fare refund and a compensation. But the forum found no deficiency on part of the airlines and said the circumstances leading to the delay were beyond control. The forum said the airline’s decision was in favour of the safety and security of the passengers.

Sharma then moved the state commission in Delhi which upheld the decision of the district forum.