May 4, Kathmandu
A writ petition has been filed in the Supreme Court of Nepal on Thursday demanding compensation for the delay and cancellation of domestic flights. In petition stated that due to the delay and cancellation of flights, the consumers of air services have to suffer physical, mental pain, harassment, emotional pain and physical hardship.
Also, it has been demanded to make a law to regulate and control the arbitrary actions of air service providers, to protect the rights of air service consumers and to provide compensation to the victims.
Advocate Raksharam and Dr. Sohan Prasad Sah has filed a writ petition. The Office of the Prime Minister and the Council of Ministers, the Ministry of Culture, Tourism and Civil Aviation, the Nepal Civil Aviation Authority and all air service providers (airlines) are made opponents.
Even the petitioners have not been able to get any kind of compensation and treatment due to the lack of law even when they have demanded compensation for the various sufferings caused by flight delays and flight cancellations at different times. It has been mentioned in the petition that after the delay and cancellation of the air flight, most of the passengers have suffered a lot and also suffered irreparable damage.
Air service provider companies of Nepal do not seem to provide any facility, compensation or facility in case of flight delay or flight cancellation. It has been claimed in the petition that the consumer rights of the common citizens have been violated and they have been forced to suffer mental and emotional pain, harassment and physical hardship, and that the right of all air passengers including the petitioner to live with dignity guaranteed by the constitution has been violated.
Article 44 of the Constitution of Nepal guarantees that every consumer has the right to receive quality goods and services and the person who has been damaged by poor quality goods or services has the right to receive compensation according to the law.
The Consumer Protection Act, 2075 protects the right to choose quality goods or services at fair competitive prices, and the right to compensation for damages caused by the use of goods or services.
It seems that the air service providers are booking tickets even though they know that the flight will be delayed. When you arrive at the airport after buying a ticket, they usually inform you that there is a delay. They answer that the reason is that the airport is not open there. When the airport is not open, the act of booking tickets at that time seems to have given false and misleading information about their services. It is stated in the petition that such action is contrary to Section 7 (1) of the Consumer Protection Act, 2075.
The demand of the petition is that the state must make a legal arrangement to protect and guarantee the three main rights of air passengers.
a) right to be provided with accurate information before purchase of the ticket;
b) the right to receive the full value of the service purchased; and
c) Right to compensation
It has been requested to issue an interim guideline procedure or a letter of authority regarding the rights of air passengers/consumers until the legal system and policy regarding the rights and rights of air consumers, including the bodies that provide compensation to the consumers, are made by the victims.