IN THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM,

AIZAWL DISTRICT, AIZAWL.

…

C.C. No 35 of 2016

1.  Smt. Lalthangzauvi

Khawzawl, Champhai District

Mizoram.

2.  Smt. Zothanmawii

Champhai, Mizoram.

3.  Smt. Lalrinfeli,

    K-41, Vengthar,

    Khawzawl, Champhai District,

           Mizoram.

            Complainants

Versus

1. Air India Ltd. Through its Chairman

    and Managing Director, 113 Airlines

    House, Gurudwara Rakabganj Road,

    Parliament Street, Delhi – 110001,

    Behind All India Radio.  

2. The Director-Personnel, Air India Ltd.,

113. Airlines House, Gurudwara Rakabganj

Road, Parliament Street, Delhi – 110001,

Behind All India Radio.

3. The Manager, Air India (New Delhi Area)

Safdarjund Airport, Aurobindo Marg,

New Delhi – 110003.

4. The Station Manager, Air India Ltd.,

Lengpui Airport, Aizawl – 796421.    

Opposite Parties.

              PRESENT

P. SINGTHANGA,       President

E. LALMUANTHANGI,     Member

LALRINPUIA,          Member

Joseph L. Renthlei, Advocate   

for the Complainant.

Malsawmtluangi & Benjamin Laltanpuia , Advocates 

for the Opposite Party No.1

Date of Judgment      -   24.7.2017

JUDGMENT AND ORDER

    The facts in brief, as alleged by the Complainants in their complaints are that the Complainants booked an Air India flight No. A1 380, dt 28/4/2016 from Indira Gandhi International Airport, New Delhi to Changi Airport, Singapore.  The Flight was scheduled to depart at 10 PM from Delhi and all the Complainants arrived in Delhi from Calcutta on Air India flight No.A1 701, dt. 28/4/2016 at 7:50 PM and this left them plenty of time to disembark and catch their international flight and the Complainants proceeded to check-in for their Air India flight No.A1 380 at the International Departure hall of Terminal 3.  The Complainants presented  the check-in staff with their passports and tickets as required.  However, despite being ready with all the necessary documents, the check-in staff expressed doubts about whether the Complainants were genuine citizens of India, travelling to Singapore for legitimate purposes and the Complainants were justifiably dismayed to face such doubts about their citizenship, and went to every effort to establish their identity with their passports, ID cards, work permits for Singapore and all their documents relating to their travel to Singapore that they had brought with them, the check-in staff continued to refuse to believe the claims of the Complainants and did not grant them boarding passes for the flight.  That despite the repeated protestations of the Complainants the check-in staff refused to grant the Complainants their boarding passes and eventually the Complainants had no choice but abandon all thoughts of flying to Singapore that night.  As a result of this illegal denied to the Complainants from checking in and boarding the flight  by the members of Air India, the Complainants were required to stay in Delhi and arrange new flights to Singapore and as such they stayed in Delhi from 28/04/2016 to 04/05/2016.  The Complainants booked a flight with Jet Airways flight No.9W 18, and were able to check-in, board and fly to Singapore without any harassment and difficulties.  The Complainants claims for damages and compensation to make good the financial physical and mental inconvenienced, hardship as result of deficiency of service on the part of the Opposite Parties and the Complainants pray to direct the Opposite Parties to refund to each of the Complainants a total of Rs.50,000/- each for all the expenses incurred during their entire stay in Delhi.  Thus, the Complainants prayed :-

1. To direct the Opposite Parties to refund each of the Complainant the entire ticket amount of Rs.20,806/-.
2. To direct the Opposite Parties to compensate each of the Complainant with an additional amount of Rs.2 lakhs each for physical and mental pain etc.
3. To direct the Opposite Parties to pay the Complainant Rs.50,000/- each for the litigation charges.

2.  The Opposite Parties in their written version stated that the Complainants were booked to travel by Air India flights AI-713/AI-701/AI-380 of 28/4/2016 Aizawl-Kolkata/Delhi-Singapore and the Complainants were checked-in for flight A-380 of 28/4/2016 and they were checked-in for flight but later they were de-checked as their travel documents were not in order.  The Complainants reported in the Immigration counter and the Complainants were asked for FIN (Foreign Identification Number) which should be mentioned in the travel documents (visa papers) and since the same could not be produced the Complainants were not allowed to travel.  The Opposite Parties stated that the Complainants were holding paper VISA for employment in Singapore which did not have FIN and their documents was invalid without FIN and the Immigration Authorities did not consider the document as valid and as such the Complainants were de-checked in Air India check-in system.  The Opposite Parties submitted that a Foreign Identification Number (FIN) is a unique 9 digit code issued to Foreigners with immigration or work passes by the Ministry of Manpower or the Immigration and Checkpoints  Authorities of Singapore.  It was not a willful refusal to accommodate the confirmed passengers but it was for want of valid travel documents.  It is imperative on the part of the passengers to ensure that they should fulfill the requirements and carry proper documents and that Air India is a member of International Air Transport Association (IATA) and governs by its rules.

3.  The Opposite Parties, in short, submitted that the Opposite Parties had acted fairly and in a bonafide manner keeping in mind the rules and regulations governing the place of destination as also security and safety of passengers and the aircraft.  The Complainants are not entitled to get any relief as there is no deficiency of service on the part of the Opposite Parties.

4. After hearing both parties and on perusal of materials on record both parties are informed to file their witnesses’ examination-in-chiefs.  The Complainants and the Opposite Parties produced 1(one) witness each and were duly cross-examined by the Opposite Parties and the Complainants respectively.  Both parties submitted their written arguments.  In fact what the parties stated in their arguments were re-production of what they had stated in their complaint and version.

5. The Complainants submitted in their argument that the Complainants legitimately obtained their passports and all other necessary documents relating to their work permit  but due to the willful misconduct of the Opposite Parties, the Complainants have suffered hardship, financial constraint, physical and mental pain and  that the Complainants after being denied by the Opposite Parties had booked a flight with Jet Airways and were able to check-in, board and fly to Singapore without harassment and difficulties experienced with the Opposite Parties by using the same documents.  On the other hand, the Opposite Parties contended that when the Immigration officials inspected the documents furnished by the Complainants, it was found that they were improperly documented and they were later de-checked as the Immigration Authorities  pointed out that the travel documents were not in order.  The Immigration asked for FIN  i.e. Foreign Identification Number, which should be mentioned in the travel documents (Visa papers), the Complainants could not produced the same.  The Complainants were holding paper Visa for employment in Singapore which did not have FIN number and Immigration Authorities did not consider the documents as valid hence the Complainants were de-checked in Air India check-in system.  That the check-in staff and the Immigration officials had acted judiciously and in conformity with the rules and regulations of the IATA General condition of carriage of passengers and Baggage.  The Opposite Parties relied in the Judgment dated 2/11/1999 of Hon’ble Supreme Court in the case of Ravneet Singh Bagga Vs KLM Royal Dutch Airlines and Another reported in (1999 Supp (4) SCR 320).

6. On perusal of materials on record, we are of the view that it was highly improbable that the Complainants were de checked as they could not speak in Hindi.  The checking and screening for validity of the Complaints’ travel documents was done as it is legal obligation of the opposite Parties.  Moreover, checking, inspection and screening for the travel documents of the Complainants is required for safety and security of the passengers.  That the Complainants’ travel documents  were inspected by Immigration official  and on checking it was found that no FIN (Foreign Identification Number) mentioned in the travel documents.  The IATA General conditions of carriage (Passengers & Baggage) Article 14.I expressly stated that passengers shall be responsible for complying with all laws, regulations, orders and travel requirements of countries to be flown from, into or over and with carrier’s regulations and instructions.  In our view the  Complainants were not allowed to travel for want of valid travel documents i.e. absence of Foreign Identification Number required under Ministry of Manpower, Singapore.

7. In the circumstances, we hold that there is no deficiency of service on the part of the Opposite Parties.  Accordingly, the complaint is dismissed.

8. Both parties shall bear their own costs.

9. Give copy of this Judgment and Order to both parties, the Registrar of Consumer Disputes Redressal State Commission, the Director of Food, Civil Supplies and Consumer Affairs, Government of Mizoram.

10. Given under our hands and seal of this Forum on this 24^th day of July 2017 within the premises and working hours of this Forum.

( LALRINPUIA )            ( P. SINGTHANGA )          ( E. LALMUANTHANGI )

     Member.                            President.                                    Member.