Date of Filing:15.10.2007 Date of Order:22.04.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 22ND DAY OF MAY 2008 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2094 OF 2007 Saraswathi Panduranga, No.41, Sri. Narayana Nilaya, Udayashankar Street, Bangalore-560 016. Complainant V/S 1. Emirates Airways, M.G. Road, Bangalore. 2. Emirates Airways, Doha & Dubai. Opposite Parties ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant claiming compensation and costs. The facts of the case are that, the complainant is a self employed woman and running a commission agency business in which she purchased Machinery and Tools from Indian dealers and export to UAE in consideration of commission. She had an occasion to attend a negotiation meeting with her clients at Doha-Qatar, UAE through her recipient M/s Al-Asmar Trading Company. The meeting was scheduled at Doha-Qatar on 10/9/2007 for which two air tickets with the opposite parties. She was to leave along with Service Mechanic in order to demonstrate the execution of machinery. The journey was scheduled on 9/9/2007 and the return journey after attending the meeting on 14/9/2007. She was issued with electronic ticket which did not bear any instructions overleaf. A copy of electronic booking receipt issued by opposite parties is produced. When an e-ticket is issued, it is the obligation of the opposite parties to intimate the passengers about the entry requirements at the time of issuing the ticket. The opposite parties have failed to carry out their obligation of educating the passengers before boarding a flight. She left Bangalore to Doha through Dubai on 9/9/2007 along with her Service Mechanic along with VISA, Passport, Airtickets and required quantity of currency as informed by the opposite parties. At the time of issuing boarding pass the opposite parties ought to have informed her about the entry requirements and also the luggage specifications. In Dubai the complainant was to change the flight to reach Doha. However she was not allowed to get into the connected flight for want of hotel reservation details. Though she persuaded the employees of opposite parties to allow her to catch the connected flight they merely refused for want of hotel confirmation details. There was two hours of check-in time in between. She requested M/s Al-Asmar Trading Company to send the details of hotel booking. The departure time from Dubai was at 22-15 hours. The hotel confirmation letter was faxed to the airport on 9/9/2007 at 21-02 hours. This was brought to the notice of the officials of opposite parties but we were not allowed to get into the flight on some other count. A copy of the hotel confirmation letter is produced. After furnishing the hotel confirmation letter the opposite parties told her that passengers should carry a minimum of Rs. 5,000/- Dharms of worth of credit and debit cards. The opposite parties denied entry for shortfall of currency this time. In the meanwhile, we were detained there without any boarding facilities though it is an obligation of the opposite parties to provide for. The complainant was retained in the airport and the same was well within the knowledge of the opposite parties. She had spent huge sums at Dubai airport towards food and telephone calls. She was retained in the airport until next day. She had requested the authorities to arrange for departure in the first ever flight of the day or at the earliest so that I could attend the meeting scheduled at 10-00 a.m. However, the opposite parties did not even attempt to arrange an alternative ticket to her. Resultantly she was retained in airport for a day long for no mistake. The opposite parties accommodated our journey in the next day evening flight. With all these inconveniences she cancelled the meeting scheduled at 10-00 a.m. on 10/9/2007 and had requested her clients to resume for meeting the immediate next day morning i.e., on 10/9/2007. We finally boarded the evening flight to Doha and reached Doha on 10/9/2007. This baggage was of more important to her since all the relevant documents pertaining to the meeting were kept in that and also the medicines. That apart the opposite parties were reckless in their replies each time when she called up for her luggage. Reckless and unfair activities of the opposite parties have been evidenced with all these incidents. She did not get her luggage even the next day and due which the meeting was again postponed by another day. She was helpless and hence with eager to get her luggage in order to attend the meeting she called up her friend in India several times with a fond of hope of getting some help. The clients after waiting for three days had left the place in disgrace after canceling the meeting. The person who had arranged this meeting also expressed his discomforts and consequently the purchaser orders were cancelled. Hence, this complaint. 2. Notice was issued to opposite party. The opposite party put in appearance through advocate and filed defence version stating that, the opposite party is not aware as to the complainant being the proprietor of M/s S.S. International, or whatever she may be involved in, whether dealing in export and import of Machinery and Tool accessories to the gulf regions. The opposite parties denied that, they informed the complainant over telephone that only passport, ticket and visa are the only documents necessary for travel to Doha. It is for the passenger to be aware of the visa requirements and entry formalities to a particular country. It is true that the complainant departed Bangalore for Doha via Dubai on the carrier of this opposite party. At the boarding gate at Dubai Airport the complainant was not allowed to board the connecting flight to Doha as the complainant did not have in her possession the necessary hotel confirmation voucher as sponsor and 5000 Qatari Riyals which is mandatory requirement for entry into Qatar. As the complainant claims to be in the business of export and import of machinery to the gulf and makes regular visits to the Gulf States, she was aware of the requirements for entry into Doha. It is the complainants own case that the complainant made necessary arrangements for obtaining a hotel confirmation voucher and also made necessary arrangements for the additional amounts only the next day, after which she was allowed to board the flight to Doha on 10th September-2007. The opposite party states that on arrival at Doha Airport the complainants checked in baggage was short landed and did not arrive on the same flight. Since the passenger was not allowed to board because of the visa problems, the baggage had to be off loaded, and since this opposite party was unaware if the complainant would actually travel, the bags could not be loaded on time. However all the efforts were made to trace the bag which was finally delivered to the complainant the next day at Doha on 11th September-2007. The delay in delivery of the baggage was due to the fact that the complainants original schedule was disrupted as she was denied boarding at Dubai for her onward flight to Doha due to visa requirements. The conditions of carriage printed on the ticket which forms a part of a contract between the airline and the passenger, clearly stipulates that the passenger should not carry in their checked in baggage important documents, cash, jewellery and medicines and the airline shall not be responsible for the loss thereof. Thus any prudent business person would not risk carrying important business papers and medicines which are immediately required by the passenger in their checked in baggage and such items are always carried by the passenger on person. It was only after she arranged for the hotel confirmation through fax and made necessary arrangements for the required amount of money, was the complainant allowed to board the immediate next available flight to Doha. Hence, the opposite parties prayed to dismiss the complainant. 3. Affidavit evidence of both the parties filed. Arguments heard. 4. The points for consideration are:- 1. Whether there was deficiency in service on the part of opposite parties? 2. Whether the complainant is entitled for compensation? REASONS 5. I have gone through the documents and affidavit filed by both the parties. The complainant Mrs. Saraswathi Panduranga has filed her detail affidavit running up to 9 pages and she has explained every aspect of the case and her sufferings, inconvenience and hardship. The affidavit is self explanatory. It has made all the facts very clear. It is better to quote the affidavit of complainant as it is from para-4 to para-15. As scheduled I had left Bangalore to Doha through Dubai on 9/9/2007 along with my Service Mechanic. I had taken a copy of the VISA along with me, a copy of which is enclosed as Document No.2 to this complaint. I had carried the VISA, passport, air tickets and required quantity of currency for my utilization as informed by the second opposite party. I am suffering from thyroid problems and hence had carried a few medicines prescribed by my doctor. A copy of the Medical prescription issued by my doctor is enclosed as Document No.3 to this complaint. I had entered the airport with this and successfully got boarding pass from the opposite party. At the time of issuing boarding pass the opposite party ought to have informed me about the entry requirements and also the luggage specifications. The opposite parties were not bothered to give proper suggestions to the passengers traveling abroad. It is hard to digest that the opposite parties were under the bonafide impression that I am regularly traveling abroad and hence aware of the entry requirements abroad including Doha and Dubai. I state that it is the obligation of the opposite parties to inform and suggest the statutory requirements to its passengers whether they are traveling for the first time of have traveled several times. There cannot be any assumptions and presumptions of the passengers knowing about the entry requirements since all the passengers will get necessary instructions from their airlines at the time of boarding and before departure. However in the case on hand the opposite parties have not told anything to me or to my co-passenger. To our best knowledge no such regulations were displayed anywhere. In fact before departure I had checked in well before the call time as I was traveling for the first time. Therefore, this irresponsible attitude of the opposite party shows the volume of negligence but the resultant suffers will be the bonafide passengers like me. All went smoothly until we reached Dubai Air Port. In Dubai we were to change the flight to reach Doha. However we were not allowed to get into the connected flight for want of hotel reservation details. Though I persuaded the employees of opposite party to allow me to catch the connected flight they merely refused for want of hotel information details. There was two hours of check-in time in between. Our accommodation was booked at Doha Palace Hotel. Immediately thereafter I requested the M/s Al-Asmar Trading Company to send the details of hotel booking. The departure time from Dubai was at 22-15 hours. The hotel confirmation letter was fixed to the airport on 9/9/2007 at 21-02 hours. This was brought the notice of the officials of opposite party an hour ahead of the departure time but then we were not allowed to get into the flight on some other count. A copy of the hotel conformation letter faxed to Dubai Airport is enclosed as Document No. to this complaint. The opposite parties were playing foul by asking for the requirements one at each time instead of informing all the requirements at a time. If the opposite parties have informed me of all the requirements at once in Dubai airport I could have certainly arranged for all the shortfalls within the remaining two hours before boarding the connecting flight. But the opposite parties did not show diligence while denying the entry for want of hotel confirmation letter. After I furnished the hotel confirmation letter, the opposite parties told me that passengers or visitors should carry a minimum of 5,000 Dharms or worth of credit and debit cards. Though I was holding sufficient currency apart from debit and credit cards, there was a shortage of 2,000-00 Dharams with the Service Mechanic who accompanied me. The opposite parties further denied entry for shortfall of currency this time. I requested the opposite party to at least allow me to proceed so that I could attend the meeting on time. However the same was refused. All these events virtually support the unfair trade practice by the opposite parties which resulted in sufferings to the bonafide passengers. In the meanwhile, we were detained there without any boarding facilities though it is an obligation of the opposite parties to provide for. After the flight left Dubai we had no other option but to wait for the next flight and for making good the shortfall of currency. The opposite parties were well aware that I had not boarded the flight since there was enough time of nearly 2 hours during which we held mutual talks. It is therefore necessary and an obligation upon the opposite parties to check the luggage and retain the same while shifting it to the connecting flight. However, the opposite parties have not even bothered to verify. Leaving it at that stage, we were retained in the airport and the same was well within the knowledge of the opposite party. The opposite parties were also well aware that there is no connecting flight for the next few hours. Nevertheless the opposite parties did not show any concern to me and my colleague if not of a better hospitality. I had spent huge sums at Dubai airport towards food and telephone calls. I was forced to make number of calls to Doha where the meeting was organized in order to convince them for the delay. Later on we were provided with a meal for the entire day. We had arranged to get 2000 Dharams through western union money transfer and showed the same to the authorities. We were retained in the airport until next day. One can never imagine the pain and sufferings of passengers waiting in the airport without any lodging. Since it was a days journey I had not kept any medicines in my personal bag and as such I could not take medicines for that day. None of the medical shops provide medicines without a prescription. Thus I could not even think of purchasing it at the airport. After all this I had requested the authorities to arrange for departure in the first ever flight of the day or at the earliest so that I could attend the meeting scheduled at 10-00 a.m. However, the opposite parties did not even attempted to arrange an alternative ticket to me. Resultantly we were retained in airport for a day long for no mistake. The opposite parties accommodated our journey in the next day evening flight. With all these inconveniences I cancelled the meeting scheduled at 10-00 a.m. on 10/9/207 and had requested my clients to resume for a meeting the immediate next day morning i.e. on 11/9/2007. We finally boarded the evening flight to Doha and reached Doha on 10/9/2007. To my surprise I found that my luggage was missing as the same was not loaded to the flight in which I was accommodated. Immediately I intimated the officials therein who suggested me to lodge a missing complaint. I had lodged a complaint with lost and found section at Doha-Qatar airport who assured me that the baggage would be delivered to me in a couple of hours. This baggage was of more important to me since all the relevant documents pertaining to the meeting were kept in that and also the medicines. I was in need of those documents for the meeting which was rescheduled at 10-00 a.m. on 11/9/2007. Though I waited till the arrival of the next flight, the luggage was not found. When I was told that the luggage would arrive in the next flight again, I left to hotel at 4-46 p.m. I was enquiring about the luggage every hour by making calls from the hotel. But there was no development in the situation. That apart the opposite parties were reckless in their replies each time when I called up for my luggage. I was made to contact one or the other member each time. It is stated in the version at para 7 that the opposite party was unaware whether I would actually travel and hence my luggage was not loaded on time is a callous statement. I state that I approached the opposite parties with the requisite cash the next day morning i.e. on 10th requesting them to arrange for my travel in the forenoon but was refused. However they said they would accommodate at 4-00 p.m fight. Therefore the opposite parties were well aware that I will board the 4-00 p.m. flight and it is not a case of a bus to get into it just like that. The opposite parties should furnish me a ticket or an electronic created entry receipt to board the flight. The opposite parties were well aware of the situation and my journey. Therefore the statements made in the version are untrue and vitiated. The further statement that the delay in delivery of baggage was due to disruption of original schedule while boarding the flight at Dubai and that the denial was because of VISA requirements is all false. It is the opposite party who bungled the whole episode and made me to face untoward incidents without giving proper suggestions and instructions before boarding the flight. The opposite parties had more than 24 hours time after my entry was denied to ascertain the whereabouts of my baggage which they have failed. If the opposite parties have not taken care of the minimum things that ought to be done by a prudent airlines, what best should we expect from them for having paid huge sums towards their services. Mere giving wide advertisements of good service are not sufficient the opposite parties should keep up their assurances. The opposite parties are trying to shift the mistake smartly upon me which should not be entertained by this Honble Forum. All this has happened because of the mis-management, mess up and negligence of the opposite party. They do not appear to have made proper arrangements to handle the customers with due diligence. For a days journey no one would keep the medicine in hand purse unlike the journey for 40 hours or more. The condition under which the opposite parties are rendering their services is pathetic. Reckless and unfair activities of the opposite parties have been evidenced with all these incidents. I did not get my luggage even the next day and due which the meeting was again postponed by another day. I was helpless and hence with eager to get my luggage in order to attend the meeting I called up my friend in India several times with a fond hope of getting some help. All efforts made by me went in vain. The purpose for which I had been to Doha did not serve. Even the next day the baggage was not handed over to me on time. The clients after waiting for three days had left the place in disgrace after canceling the meeting. The person who had arranged this meeting also expressed his discomforts and consequently the purchaser orders were cancelled. A copy of the letter written by M/s Al-Asmar Trading Co., dated 16/9/2007 is enclosed as Document No.5 to this complaint. The luggage was traced out two days later and the same was handed over to me. By that time I had lost a better opportunity to get the purchase orders. Most importantly due to loss of luggage I was unable to take medicine continuously for four days which was to be taken regularly and by virtue of failure to take the medicines my health condition deteriorated. I have enclosed herein copies of the Boarding pass as Document No.6, copies of the hotel bill as Document No.7, telephone bill statement as Document No.8, Medical prescriptions as Document No.9, a copy of the import and export license as Document No.10 and the VAT registration certificate in proof of running a proprietorship concern as Document No.11 to this complaint. 6. The complainant has produced hotel room reservation confirmation letter of Doha palace hotel. As per this confirmation it is clear that hotel at Doha was reserved from 9/9/2007. The complainant has produced certificate of importer and exporter Code issued by the Minister of Commerce, Government of India. She has also produced value added tax registration certificate. The complainant has also produced a letter of Al-Asmar Trading Company, Doha-Qatar. This letter is dated 16/9/2007. The letter is addressed to complainant. It is better to reproduce the entire letter as it is. Date: 16.9.2007 Ref. : AL/QAS/let.010/07 Messers: SS. International P.O. Box: Tel: 0091 80 2851 5168 Fax: 0091 80 2851 5168 Attn. Saraswathi Ref. to our telecom on 9th & 10/9/2007. In Dubai then Saraswathi arrived to Doha in the Night 23.00 and she found here suitcase Lost and also the Documents, which is very important To the Negotiations Finally she got the suitcase and documents on 12th Night (Two days) Late Our clients was waiting on 10th, 11th & 12th, Both Manager and Purchase Manager The Clients canceled the order. This is very bad reputation Best regards Sd/- Mahmoud Rajab/Satish James 7. The complainant has taken electronic ticket of Emirates Airways. She has produced electronic ticket before the Forum for perusal. The electronic ticket did not bear any instructions to the passengers overleaf. The complainant along with her service mechanic left Bangalore to Doha via Dubai on 9/9/2007. She has carried VISA, Passport and Air tickets. In Dubai they have to change the flight to reach Doha. It is the case of the complainant that she was not allowed to get into the connected flight for want of hotel reservation. Within two hours of check-in time she booked hotel at Doha palace hotel. The hotel confirmation letter was faxed to the airport on 9/9/2007 before take off. Even then the opposite parties did not allow the complainant to travel in the connected flight. The case of the complainant is that she was carrying minimum of 5,000-00 Qatari riyals with her and she was holding sufficient currency as per the requirements, but there was shortage of 2,000-00 Dharms for accompanying Service Mechanic. The complainant requested the opposite party at least allow her to travel so that she could attend the meeting on time. However, her request was refused. Connecting aircraft left Dubai and there was no option for the complainant. She had to wait for the next flight. She has made allegation in the affidavit she has spent huge amount at Dubai Airport towards food and telephone calls. She had to make number of calls to Doha where business meeting was organized. The complainant and Service Mechanic were detained in the Airport until the next date. Waiting in the Airport without proper facilities and arrangements is really shocking and works out very hardship and inconvenience to the passengers. The opposite parties ultimately accommodated the complainant for journey by the next day evening flight and the complainant reached Doha on 10/9/2007. To her surprise her luggage was missing and same was not loaded to the flight in which she traveled and she lodged missing complaint at Doha-Qatar Airport. The complainant has stated in her affidavit she had some important documents of her business and also medicine and tablets to be taken by her. For want of documents the business meeting was cancelled. As regards delay in delivering the luggage it is admitted by the opposite parties. The luggage of the complainant was traced out two days later and same was handed over to the complainant. This is definitely a deficiency in service on the part of the opposite parties. A traveler will definitely face hardship, inconvenience and mental tension if luggage is not received on time. Naturally the complainant could have suffered lot mentally and physically since she could not receive the luggage when she reached Doha. The time spent by the complainant waiting to get the luggage is very hard time and a troublesome. The said time will be full of tension and anxiety. The mental suffering and the physical pain and hardship suffered by the complainant require to be suitably compensated. The opposite party failed in its duty in delivering the luggage of the passenger on time. Therefore, the complainant is definitely entitled for the compensation. The complainant has claimed Rs.1,50,000/- towards the expenses incurred by her. She has claimed Rs.5,00,000/- towards consequential loss on account of cancellation of her business meeting. She has also claimed Rs.13,50,000/- towards mental agony in her affidavit. Taking into consideration of all the facts and circumstances of the case and the hardship, inconvenience and mental tension caused to the complainant she requires to be suitably compensated. As regards loss of income or business due to cancellation of the business meeting it is very difficult to grant compensation because the complainant has not been able to substantiate the actual financial loss caused to her due to the cancellation of business meeting. However, she has suffered lot mentally and physically on account of the deficiency in service on the part of the opposite party. Therefore, I feel the ends of justice will be met to award global compensation of Rs.2,00,000/- to the complainant for mental agony, tension, inconvenience, hardship etc.,. In the result, I proceed to pass the following:- ORDER 8. The complaint is partly allowed. The opposite parties are directed to pay Rs.2,00,000/- as compensation to the complainant. The opposite party is directed to comply the order within 30 days from the date of this order. If the opposite parties fail to comply the order in that case, the compensation amount carries interest at 10% p.a from the date of this order till realization. The complainant is entitled to Rs.5,000/- towards costs of the present proceedings. 9. The copy of this Order as per the statutory requirements be forwarded to the parties free of charge immediately. 10. Pronounced in the Open Forum on this 22ND DAY OF MAY 2008. Order accordingly PRESIDENT We concur the above findings. MEMBER MEMBER
Consumer Court Lawyer
Best Law Firm for all your Consumer Court related cases.
