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Employment & Consumer Rights

Can I get compensation for a delayed flight in India?

Updated · 6 July 2026

Yes. Under DGCA Civil Aviation Requirements (CAR) Section 3, Series M, Part IV, you are entitled to meals, hotel stays, refunds, or compensation up to ₹10,000 depending on delay or cancellation.

What compensation am I entitled to for a delayed flight in India?

Compensation depends on the length of the delay and whether the airline was at fault. Per the DGCA CAR Section 3, Series M, Part IV:

(1) Up to 2 hours' delay — no compensation; airline must provide tea/coffee and snacks if delay exceeds the threshold;
(2) 2-6 hours' delay — full meals/refreshments and free phone calls; option to alternate flight or refund without cancellation charges;
(3) Over 6 hours' delay announced 24+ hours in advance — full refund without cancellation charges OR alternate flight on the airline's next available service;
(4) Overnight delay — free hotel accommodation and ground transfers.

The airline is exempted from compensation for delays caused by extraordinary circumstances — weather, ATC restrictions, security, or government orders. But meals and accommodation must still be provided.

What about flight cancellations and denied boarding?

Cancellation rights are more generous than delay rights:

(1) Cancelled with more than 2 weeks' notice — alternative flight or full refund;
(2) Cancelled 2 weeks to 24 hours before departure — alternative flight on the same or next day, or full refund;
(3) Cancelled less than 24 hours before departure — compensation of ₹5,000 to ₹10,000 depending on block time, PLUS refund or alternate flight, PLUS meals.

Denied boarding (e.g., overbooking) — if the airline cannot accommodate you on an alternate flight within 1 hour of original departure, compensation of ₹10,000 to ₹20,000 depending on block time. If you voluntarily give up your seat, the airline offers a negotiable benefit (vouchers, upgrades).

The airline must make compensation payment within 15 days of the disruption.

Does the airline have to provide meals or accommodation during delays?

Yes — the airline's facility obligations under the DGCA CAR are mandatory and based on the length of delay AND flight type:

(1) 2+ hours' delay (short haul, under 1.5 hr block) — tea/coffee and snacks;
(2) 3+ hours' delay (medium haul, 1.5-3.5 hr block) — full meal/refreshments;
(3) 4+ hours' delay (long haul, over 3.5 hr block) — full meal/refreshments;
(4) Free phone calls/emails for delays over 4 hours;
(5) Hotel accommodation with ground transfers if the delay extends past midnight or requires overnight stay.

If the airline refuses, demand it in writing at the counter. Save receipts of any expenses incurred (food, hotel, taxi) — you can claim reimbursement later through AirSewa or the Consumer Forum.

How do I claim compensation step by step?

Step 1 — Document everything at the airport. Get a written delay/cancellation acknowledgement from the airline counter, save boarding pass, screenshot the flight status, retain receipts.

Step 2 — Demand compensation at the counter. The airline must offer the option of alternate flight or refund. If unsure, take both options in writing.

Step 3 — Email the airline's grievance officer within 7 days. Most carriers credit refunds within 7-30 days.

Step 4 — Escalate to AirSewa (airsewa.gov.in) — the Ministry of Civil Aviation's grievance portal. Response within 7-15 days.

Step 5 — File a Consumer Forum complaint via E-Daakhil for unresolved claims, citing the DGCA CAR violation and the Consumer Protection Act, 2019. See our consumer complaint guide.

Step 6 — Call the National Consumer Helpline (1915) for free advice.

Are there higher protections for international flights?

Yes — the Montreal Convention, 1999 applies to international flights between countries that are parties (India ratified in 2009). It provides significantly higher compensation:

(1) Death or injury — up to 128,821 Special Drawing Rights (~₹1.4 crore) per passenger, with strict liability up to 128,821 SDR and presumed liability above it;
(2) Delay — up to 5,346 SDR (~₹5.7 lakh) for proven losses caused by delay;
(3) Checked baggage — up to 1,288 SDR (~₹1.4 lakh) per passenger for loss, damage or delay;
(4) Cabin baggage — up to 1,288 SDR.

The Convention applies regardless of fault for amounts within the strict-liability cap. For amounts above the cap, the airline must prove it was not at fault.

Engage a reputable, specialised aviation lawyer for Montreal Convention claims — they involve complex jurisdictional issues (you can sue in the country of origin, destination, ticket purchase, your domicile, or the airline's principal place of business).

Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.