Chandigarh

DF-II

CC/587/2018

Harmohan Singh - Complainant(s)

Versus

Clear trip pvt. Ltd., - Opp.Party(s)

Gaurav Bhardwaj Adv.

26 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	587 of 2018
Date  of  Institution	:	23.10.2018
Date   of   Decision	:	26.09.2019

 

 

 

 

1]  Harmohan Singh s/o Sh.Gurbax Singh, R/o #5291/3, Modern Housing Complex, Mani Majra, Chandigarh.

2]  Gurvinder Kaur Natt, W/o Harmohan singh, R/o # 5291/3, Modern Housing complex, Mani Majra, Chandigarh.  

   

             ……..Complainants

 

Versus

 

 

1]  Clear Trip Pvt. Ltd., 312-314, 3^rd Floor, Vipul Agora Building, MG road, Gurugram, Haryana through its Manager/Managing Director.

 

2]  Lufthansa German airlines, 2^nd Floor, Novotel Hotel, Commercial Block, Asset No.2, Delhi Aerocity, GMR Hospitality District, IGI Airport, New Delhi 110037 through its authorised signatory/officer Incharge.

 

3]  Air Canada, 111, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi 110001 through its authorised signatory/officer Incharge.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued by :

Sh.Gaurav Bhardwaj, Adv. for complainant.

Sh.Pawandeep Singh, Adv. for Opposite Party No.1.

Sh.Sandeep Suri, Adv. for Opposite Party No.2.

Sh.Yoginder Nagpal, Adv. for Opposite Party No.3.

PER RAVINDER SINGH, MEMBER

 

         Briefly stated, the complainants in order to visit Canada, Online booked air-tickets for their onward and outward journey for 10.7.2018 and 10.9.2018 respectively. Accordingly, the complainant were issued tickets by OP No.1 for their onward journey for 10.7.2018 for route New Delhi-Frankfurt-London-Toronto and for return journey for 10.9.2018 for the route Toronto-Frankfurt-Munich-New Delhi (Ann.C-1) on payment of Rs.1,32,014/-. It is averred that the onward journey to Canada was rightly completed, but on the return journey on 10.9.2018, the complainants, even after having confirmed air-tickets, were denied to board the flight by the air-port authorities at Canada on the plea that they cannot fly in the said flight because they are not having German visa for Munich and that they have to purchase fresh tickets.  It is also averred that the complainants, having no alternative, had to purchase fresh tickets from Opposite Party No.3 on making payment of Rs.51,750/- for the route Toronto-Vancouver-New Delhi (Ann.C-2).  It is stated that on reaching India, the complainants took up the matter with Opposite Party No.1 for refund of excess amount paid by them for purchasing fresh tickets, under compelling circumstances, for the route Toronto-Vancouver-New Delhi, but they did not pay any heed.  Therefore, the present complaint has been filed alleging the said act & conduct of OPs as gross deficiency in service. 

 

2]         The Opposite Party No.1/Clear Trip Pvt. Ltd. has filed reply and while admitting the booking of air-tickets through its website, stated that it merely provides a facility/platform for booking of flight tickets and actual service provider are the Airlines and this fact is specifically mentioned on the Booking Platform of Opposite Party NO.1 under Terms & Conditions. It is submitted that Opposite Party No.1 is not responsible for issuance of Visa and any other visa requirement and the complainants ought to have been aware of visa details.  It is also submitted that Opposite Party No.1 had clearly mentioned in the e-ticket that the passenger will be required to carry valid travel documents. Pleading no deficiency in service and denying other allegations, the Opposite Party No.1 has prayed for dismissal of the complaint. 

 

         The Opposite Party No.2/Lufthansa Airlines filed its reply and while admitting the factual matrix of the case, stated that when the complainants presented themselves for check-in at Toronto Airport on 10.9.2018, upon verifying the travel documents, they were informed that since they do not have a valid Schengen Visa, they would not be permitted to travel as per itinerary.  It is also stated that the complainant were explained that their return flight entailed two stop overs between EU Cities i.e. Frankfurt and Munich, they would require a transit visa.  It is submitted that the complainant were further explained that for flights with stopover in two EU cities, a passenger needs to exit the transit area of the first city, clear immigration and then move to the domestic departure area for boarding the flight to the next city.  This is imperative since two inter-city flights are domestic flights for which there is no immigration requirement and the same can be boarded only if one exits the international transit area.   It is also submitted that since the complainants did not have a Transit visa to enter Germany, so they were provided another route air tickets.  It is stated that the fault, if any, lies with the complainants and not on the part of Opposite Party No.2. Pleading no deficiency in service and denying other allegations, the Opposite Party No.2 has prayed for dismissal of the complaint.  

 

         The Opposite Party No.3/Air Canada also filed reply and while admitting the factual matrix of the case, stated that the main issue raised by the complainants is that they were not allowed to board the aircraft on 10.9.2018 at Toronto, for their return journey to India, due to Visa issue and that they have to rebook another Air Canada Flight for route Toronto to Vancouver and then to New Delhi for which they had to pay Rs.51,750/-.  It is submitted that purchasing of a ticket on any airline does not guarantee a travel and the passenger is responsible for having proper documents including a valid Passport as well as Visa.  It is stated that the return journey booked by the complainants was from Toronto to Frankfurt, then from Frankfurt to Munich, while the last segment was Munich to New Delhi and the flight was booked on Lufthansa and Air Canada was merely acting as an agent of Air Canada.  It is submitted that for travel between Frankfurt to Munich involved a domestic flight for which a Schengen Visa to enter Germany was the requirement and the complainant should have verified the Visa requirement by visiting the German Embassy website before booking a ticket which involved a domestic travel.  It is also submitted that since the complainants did not have a visa to enter Germany therefore they were stopped at Toronto and provided another route air tickets.  Denying other allegations and pleading no deficiency in service, the Opposite Party No.3 has prayed for dismissal of the complaint. 

 

3]       Rejoinder has been filed by the complainant reiterating the assertions as made in the complaint. 

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and perused the entire evidence on record.

 

6]       The complainants purchased air-tickets through Clertrip Pvt. Ltd./OP No.1 for travel from New Delhi to Toronto on 10.7.2019 and return journey from Toronto to New Delhi on 10.9.2019, as per the following tour itinerary:-

 

Date of journey	Route
10.7.2018	Delhi – Frankfurt-  London –  Toronto (India)– (Germany)- (England)–(Canada)
10.9.2018	Toronto – Frankfurt – Munich -  Delhi (Canada)– (Germany)– (Germany)– (India)

 

7]       The complainants reached Toronto, as per their travel itinerary by Lufthansa airlines from Delhi-Frankfurt-London-Toronto without any constraints.

 

8]       However, the complainants while embarking at Toronto airport on10.9.2018 for their return journey through Frankfurt & Munich by Lufthansa Airlines, on checking of their travelling documents, it was noticed by the Airlines Officials at the Airport that the flight of the complainants from Frankfurt to Munich was by way of Domestic Airlines being within the same country i.e. Germany and because the complainants on reaching Frankfurt, have to leave the international airport terminus and enter the land route of the country-Germany to reach Domestic airport to take the flight from Frankfurt to Munich and as such required special transit visa of Germany, which they had not in their passports.

 

9]       The complainants were estopped from boarding the flight at Toronto because carrying an unauthorized passenger attracts severe & strict penalty on the Airline from the concerned immigration authorities of the country, as such they refuse to allow the complainants to board the flight for the said route.  The OPs as a goodwill gesture, however, offered the complainants to take an alternative route from Toronto to Vancouver and from Vancouver to Delhi. The complainants were also offered to adjust their amount, which they have already paid for the route Toronto-Frankfurt-Munich-Delhi in the new tickets, if they so agree to purchase being only the way out with them to reach India by the same date and time.

 

10]      The complainants volunteered to purchase the new air-ticket on payment of difference of fare, which were applicable/payable on the air-tickets for the route Toronto-Vancouver-Delhi.

 

11]      The facts, as comes forth, from the reply filed by Lufthansa Airlines as well as Air Canada Authorities, it is established beyond doubt that the complainants though inadvertently got the air-tickets through Clear-trip Pvt. Ltd. for the onward journey for 10.7.2018 for route New Delhi-Frankfurt-London-Toronto and for return journey for 10.9.2018 for the route Toronto-Frankfurt-Munich-New Delhi, without realizing the necessity of transit visa of Germany on way back.

 

12]      The responsibility to check the facts about the requirements of visa and other documents solely rests with the passenger only and the airlines are not supposed to educate the public while issuing tickets nor the Travelling Agents are bound to discuss all these details or to arrange fulfilling necessary conditions for trouble free air journey.

13]      The person planning for oversea visits and air travel, are supposed to come across with all details and information required to be fulfilled.  In the present case, the complainant did not pay any heed to the facts that in their way back from Frankfurt (Germany) to Munich (Germany) while coming out of the international airport, they must dwell upon the territory of Germany country to take the flight from Domestic Airport, which is separate & at far-way place.  While leaving an international airport and entering the territory of a country, requisite transit visa is necessary & indispensable.  Had the flights from Toronto to Delhi of international flights, operating from international airport, then without entering upon the territory, outside the international airport, no such condition of transit visa should have been the requirement.   

 

14]      Keeping in view the facts, as discussed in the preceding paragraphs, the contentions raised by the complainants for refund of amount of Rs.66,007/- are not tenable and without any merit.  The amount of Rs.66,007/- has already been adjusted in the airline tickets, which the complainants have purchased for travel from Toronto to Vancouver – Vancouver to Delhi and thus, no case of any refund is made out nor any deficiency in service is attributed on the part of Opposite Parties. The complaint, as such, is hereby dismissed.  No order as to costs.

          Certified copy of this order be sent to the parties, as per rules.

Announced

26^th September, 2019                                                            

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER

Om