FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU , Member ,

The case of the complainant in short,is that, the complainant purchased a ticket at the cost of Rs.7400/- from the OPs to fly on 24/12/2020 from Hazrat Shahjalal International Airport Dhaka to Netaji Subhash Chandra Bose International Aiport , Kolkata by BG 4091. As per OPs’ guideline the complainant carried the required number of copies of RT-PCR Test report which was conducted on 22/12/2020 and had a validity of 72 hours with the word ‘Negative” clearly mentioned on it. Earlier on arrival of the airport the Immigration and Health Department informed the complainant that since the complainant had flown to Dhaka from Kolkata on the same day vide the same RT-PCR test dated 22/12/2020 it was still valid  and no new RT-PCR test report was required to fly back to Kolkata on the same day . At the time of return to Kolkata on the same day i.e. on 24/12/2020 when the complainant collected his boarding pass, The Airlines officials informed the complainant to get his RT-PCR test stamped by the Health Department as a routine practice. Thereafter, the Boarding Pass was successfully handed over to the complainant thereby and the complainant was sent to the waiting lounge at the respective boarding gate by the OPs with permission to board the flight upon announcement of boarding. But just at the last moment the complainant was stopped at the boarding gate and restrained from boarding the said flight. Upon asking the reason the complainant was told that his RT-PCR test was not valid. The complainant was restrained at Dhaka Airport for two hours until his immigration was cancelled by the Immigration Department. Thereafter, the complainant had to get a new RT-PCR test conducted in a very short time  at a very high cost and compelled to book another flight back to Kolkata on next day i.e. on 25/12/2020 from another airline which confirmed that the RT-PCR test report dated 22/12/2020  was still valid and there were no relevant regulation that could have made the RT-PCR test report dated 22/12/2020 invalid. The complainant sent a legal notice to the OPs on 16/01/2021 and in reply OPs stated that there was no lacking on their part and they had followed the instructions of Civil Aviation Authority (CAAB) of Bangladesh according to one circular dated 30/11/2020.  Therefore , alleging unfair trade practice and deficiency in service on the part of the OPs, the complainant has filed the present complaint seeking compensation of monetary loss including interest and litigation cost .

OPs did not resist the consumer complaint despite service of notice. No WV has been filed by the OPs within the statutory period. Thus, the case runs ex parte hearing against the OP.

In support of his case the complainant has tendered evidence supported by an affidavit and also relied upon documents annexed with the complaint petition. We have heard argument on merit and have also perused the record.

Evidently, the complainant had purchased  a ticket from the OPs to fly from Dhaka to Kolkata on 24/12/2020 by paying booking amount of Rs.7,400/- and  there is also no doubt the complainant carried the required RT-PCR test report which was conducted on 22/12/2020 and had a validity of 72 hours .  Photocopy of the said report furnishedby the complainant goes to show that the result of the said test was NEGATIVE. Ld. Advocate for the complainant alleged that at the airport after completion of all the necessary formalities and issuance of BoardingPass the complainant was restrained from boarding on the flight by the OPs stating that  RT-PCR report was not a valid one. Photocopy of the of the Biman Bangladesh Airline’s guideline furnished by the complainant reveals that:

Please inform all passengers to carry 3 copies of the RT-PCR Test report while travelling .

Also please note that , “Negative” word should be mentioned in the RT-PCR test report with a validity of 72 hours.

The Date of Procedure of the test was 22/12/2020 , 16:18 and the Date of Report was 22/12/2022 , 19:42 . Therefore, it is clear that the said RT-PCR report was valid on 24/12/2020. Moreover, photocopy of the LABORATORY REPORT FOR COVID-19 dated 25/12/2020 issued by the Government of the People’s Republic of Bangladesh, Directorate General of Health Services, Ministry of Health and Family Welfare, also shows that the complainant was COVID-19 negative. Photocopy of a letter dated 02/02/2020 sent by the OPs to the complainant in reply of the legal notice issued by the complainant to them showing that the OPs intimated the complainant that:

Biman Management investigated the issue and do not found any lacking from our part. Please kindly note that being an International Airline operator we have to follow the instructions of the Civil Aviation Authority of Bangladesh and according to circular dated 30 November 2020 of the CAAB (Civil Aviation Authority of Bangladesh) , every passenger who intends to fly from Bangladesh to Kolkata he or she has to collect Covid-19 negative certificate from the Bangladesh Government authorized test facilities/hospitals with 72hrs validity before his departure time.

In this context , Ld. Advocate for the complainant argued that at the time of return to India on 24/12/2020 the airlines Official at Hajrat Shahjalal Airport, Dhaka advised the complainant to get his RT-PCR test report stamped by the Health Department as a routine check-up practice and the Health Department of Bangladesh informed the complainant that no further stamping was required since the RT-PCR test report was already valid and as the complainant was flying back on the same date of arrival. It is also submitted by the Ld. Advocate for the complainant that the same was re-confirmed by the Immigration Department at the Dhaka Airport and cleared him to fly back to Kolkata airport on the same day with the same RT-PCR test report and accordingly his passport was stamped with the permission to fly back. Thereafter on successful verification of the necessary documents the Biman Bangladesh Kiosk at Dhaka Airport handed-over the Boarding pass to the complainant. In support of this contention the complainant has annexed the photocopy of the Boarding Pass.

It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition.

In view of the above facts it is observed by us that, the incident isvery unfortunate that OPs 1 to 4 have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.

Based on the above discussion we disposed of the consumer case in the following terms:-

1.         OPs are jointly and severally directed to refund the amount of Rs.7,400/-to the complainant.

2.         OPs are further jointly and severally directed to make payment of RS.30,000/- as compensation for harassment and mental agony caused to the complainant due to deficiency in service.

3.         OPs are also jointly and severally directed to pay Rs.10,000/-as cost of litigation to the complainant.

4.         Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @ 9% p.a. from the date of the order till its realization.

The instant Consumer Complaint is thus allowed on ex parte against the OPs. 

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.