Analysing Regulatory Overlap In International Air Carriage: The Montreal Convention And Consumer Protection Law In India
- IJLLR Journal
- 10 hours ago
- 1 min read
Sania Joshy, School of Law, CHRIST (Deemed to be University), Bangalore
ABSTRACT
This paper examines the conflict between the Montreal Convention and the Consumer Protection Act, 2019 in relation to disputes arising from international air carriage in India. The Montreal Convention creates a uniform and exclusive system of liability for international flights. It aims to ensure predictability, fixed limits on compensation, and consistency across countries. On the other hand, the Consumer Protection Act provides a broad and accessible remedy to consumers and allows consumer fora to award compensation for deficiency in service. When both laws are applied to the same dispute, tensions arise.
The paper identifies four main areas of conflict. First, the Convention treats itself as an exclusive code, while consumer law allows additional remedies. Second, the Convention fixes monetary limits on compensation, whereas consumer fora have wide powers to grant uncapped damages. Third, the Convention focuses mainly on measurable economic loss, while consumer law recognises mental agony and harassment as separate grounds for compensation. Fourth, the Convention restricts jurisdiction to specific courts, whereas consumer law allows complaints to be filed in multiple forums.
Using a doctrinal analysis of statutes and judicial decisions, the paper argues that these conflicts reflect a deeper structural inconsistency between the two frameworks. It suggests that consumer fora may retain jurisdiction, but the substantive limits and jurisdictional structure incorporated through the Carriage by Air Act, 1972 must be treated as binding. This approach would protect consumer interests while preserving legal certainty in international aviation liability.
Keywords: Montreal Convention 1999, Consumer Protection Act 2019, Carriage by Air Act 1972, International Air Carriage, Statutory Conflict, Aviation Liability, Consumer Fora Jurisdiction.
