5BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.62 of 2022
Date of Instt. 04.03.2022
Date of Decision: 02.01.2023
Iqbaldeep Singh, age about 33 years, S/o Mr. Manmohan Singh, R/o 475-L, Model Town, Jalandhar-144001, Punjab, India.
..........Complainant
Versus
Etihad Airways, Through CEO, Etihad Airways, Head Quarters New Airport Road, Khalifa City A, P. O. Box-35566, Khalifa City, Abu Dhabi.
Also at: Etihad Airways, 2nd Floor, Narain Manzil, 23 Barakhamba Road-110001, New Delhi, India.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Robin Ghosh, Adv. Counsel for the Complainant.
OP exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the OP is an international airline, operating flights from United Arab Emirates to various countries, including India. Further, the OP also has its offices in India at New Delhi, Mumbai and Kochi. The complainant on dated 25.09.2021 had booked flight tickets of Etihad Airways i.e. the opposite party, for the flight dated 30.10.2021, from New Delhi to Abu Dhabi Airport and thereafter to Etihad Bus Station, Dubai and returning back via same route on dated 04.11.2021, bearing booking reference/PNR no YALIYH and booking reference/PNR No:EEOYCB, booked from cleartrip.com The flight tickets were booked for the complainant named Mr. Iqbaldeep Singh, grandfather of the complainant named Mr. Darshan Singh, wife of the complainant named Mrs. Rajwinder Kaur and infant daughter of the complainant named Ms Gurfurman Kaur. Further, the complainant as per his schedule had also booked a stay in Fortune Pearl Hotel Deira, Dubai from dated 30.10.2021 to dated 04.11 2021. The ordeal of harassment for the complainant and his family started, when the opposite party suddenly changed the returning/departure date from dated 04.11.2021 to dated 05.11.2021, for the bus from Etihad Bus Station to Abu Dhabi Airport and connecting flight from Abu Dhabi Airport to New Delhi. Due to change in the returning departure date, the complainant was forced to incur an additional expense of AED 360 (Rs.8000/- approx) for extending the hotel stay for one day, booked through the website Goibibo.com on dated 02.11.2021 bearing PNR 0076663107. The harassment caused by the opposite party reached its zenith on dated 05.11.2021, when the complainant and his family were to board the returning flight for New Delhi. The staff of the opposite party at the Abu Dhabi International Airport, shockingly denied boarding the 18 month old infant daughter of the complainant named Ms Gurfurman Kaur for not having a RTPCR report. The staff of the opposite party in the most unprofessional and inhumane behaviour denied giving any explanation to the complainant and also refused to show any written airline guidelines/government notification regarding their claim of not allowing the infant to board the aircraft due to the aforementioned reason. The staff of the opposite party thereafter informed the complainant that the flight tickets would be cancelled and the money would be refunded through the same payment mode. The staff of the opposite party even tried to lure the complainant to book another flight for AED 5000 for the next day. It is important to mention here, that the staff of the opposite party and the UAE airport authorities at the Etihad Bus Station had already checked the travelling documents of the complainant and his family, including RTPCR tests (Negative report) issued on dated 04 11.2021 from Belhoul Speciality Hospital, Dubai. Wherein, the staff of the opposite party never raised any objection that the infant daughter of the complainant did not have RTPCR test report. In fact, there were also no visible written guidelines at the airport mentioning about RTPCR test report being mandatory for infants. Thereby, meaning that the staff of the opposite party allow boarding to the passengers at their whims and fancies and have no accountability in any manner. The complainant and his family after being harassed to the core and being stranded in a foreign land, were forced to return back to Dubai International LE Airport by taxi. The complainant spent AED 200 for the taxi fare for reaching Dubai International Airport. Thereafter, the complainant contacted a tour operator named Lushy days in New Delhi and again spent a sum of Rs 27,865.99 for booking flight from Dubai to Amritsar by IndiGo Airlines for dated 06.11.2021, bearing PNR: 6E-ZPTSGA. The complainant and his family boarded the IndiGo flight without any harassment regarding RTPCR test report being mandatory for the infants. Finally, the complainant and his family after a tormenting experience were able to reach India on dated 06.11.2021. Pertinently, the opposite party, even after repeated requests have not refunded the money for the tickets, which was cancelled by the opposite party at the Abu Dhabi International Airport. Being tired from the deceiving tactics adopted by the opposite party, the complainant on dated 03.12.2021, through his legal counsel got a legal notice served upon the opposite party at the Head Office in Abu Dhabi and local office in New Delhi. The legal notice which was sent to the local office of the opposite party in New Delhi, was received back on dated 11.12.2021 with remarks "Left" and the India Post website tracking mentions ‘item returned addressee left without instructions’. However, the legal notice which was sent to the Head office of the opposite party in Abu Dhabi was delivered on dated 16.12 2021 and the India Post website tracking also mentions ‘item delivery confirmed’. Shockingly, later the legal notice was received back on dated 15.01.2022 with remarks ‘unclaimed/return to sender’. Thus, the opposite party audaciously and illegally sent back the legal notice after duly receiving the same through proper mode of service. The complainant dearly regrets trusting the opposite party for travelling to Dubai and wish that he had preferred some other airlines instead. The act and conduct of the opposite party has resulted in great loss to the complainant and has further caused mental tension and agony to him and this act on part of the opposite party tantamount to unfair trade practice and deficiency in service and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay a sum of Rs.8000/- for the hotel room rent which the complainant was forced to pay after the OP illegally changed the departure date from 04.11.2021 to 05.11.2021. Further OPs be directed to refund a sum of Rs.68,847/- for the returning tickets illegally cancelled by the OP on 05.11.2021. Further, OPs be directed to pay a sum of Rs.27,865.99 for the airfare that complainant was forced to book from Dubai International Airport to Amrtisar for dated 06.11.2021. Further, OPs be directed to pay a sum of Rs.1,00,000/- as compensation with interest for causing mental tension and harassment to the complainant and Rs.20,000/- as litigation expenses.
2. Notice of the complaint was sent to OP at their Delhi Head Office, but returned back with remarks left, means left without instructions and notice sent to Abu Dhabi Head Office was delivered on dated 16.12.2021 and Indian Postal Website tracking also mentioned item delivery confirmed. Shockingly, later the legal notice was received back on 15.01.2021 with remarks “unclaimed/return to sender” and thereafter, the OP was proceeded against exparte.
3. In order to prove his case, the complainant alongwith his counsel tendered into evidence his affidavit Ex.CA alongwith some documents Ex.C-1 to Ex.C-19 and closed the evidence.
4. We have heard the Ld. Counsel for the complainant and have also gone through the case file very minutely.
5. In nutshell, the case of the complainant is that on 25.09.2021 he had booked tickets for himself, his grandfather, his wife and his infant daughter of Etihad Airways/OP for the flight dated 30.10.2021 from New Delhi to Abu Dhabi Airport and thereafter to Etihad Bus Station, Dubai and returning back via same route on 04.11.2021, which is evident from Ex.C-1 to Ex.C-3. The complainant as per his schedule had also booked a stay in Fortune Pearl Hotel Deira Dubai from 30.10.2021 to 04.11.2021. Suddenly, the OP changed the returning/departure date from 04.11.2021 to 05.11.2021 for the bus from Etihad Bus Station to Abu Dhabi Airport and connecting flight from Abu Dhabi Airport to New Delhi. Due to change in the returning/departure date, the complainant was forced to incur an additional expense of AED 360 (Rs.8000/- approx) for extending the hotel stay for one day, booked through the website Goibibo.com on 02.11.2021, which is evident from Ex.C-10. The harassment caused by the opposite party reached its zenith on dated 05.11.2021, when the complainant and his family were to board the returning flight for New Delhi. The staff of the opposite party at the Abu Dhabi International Airport, shockingly denied boarding the 18 month old infant daughter of the complainant named Ms. Gurfurman Kaur for not having a RTPCR report. The staff of the opposite party in the most unprofessional and inhumane behaviour denied giving any explanation to the complainant and also refused to show any written airline guidelines/government notification regarding their claim of not allowing the infant to board the aircraft due to the aforementioned reason. The staff of the opposite party thereafter informed the complainant that the flight tickets would be cancelled and the money would be refunded through the same payment mode. The staff of the opposite party even tried to lure the complainant to book another flight for AED 5000 for the next day. The staff of the opposite party and the UAE airport authorities at the Etihad Bus Station had already checked the travelling documents of the complainant and his family, including RTPCR tests (Negative report) issued on dated 04 11.2021 from Belhoul Speciality Hospital, Dubai. Wherein, the staff of the opposite party never raised any objection that the infant daughter of the complainant did not have RTPCR test report. There were also no visible written guidelines at the airport mentioning about RTPCR test report being mandatory for infants. The complainant submitted guidelines issued by Govt. of India Ministry of Health and Family Welfare for Interval arrivals dated 11.11.2021 which clearly shows that children under age of 5 years are exempted from pre and post arrival testing. The complainant and his family after being harassed to the core and being stranded in a foreign land, were forced to return back to Dubai International LE Airport by taxi. The complainant spent AED 200 for the taxi fare for reaching Dubai International Airport. Thereafter, the complainant contacted a tour operator named Lushy days in New Delhi and again spent a sum of Rs 27,865.99 for booking flight from Dubai to Amritsar by IndiGo Airlines for dated 06.11.2021, bearing PNR: 6E-ZPTSGA. The complainant and his family boarded the IndiGo flight without any harassment regarding RTPCR test report being mandatory for the infants. Finally, the complainant and his family after a tormenting experience were able to reach India on dated 06.11.2021 and thus the present complaint filed.
6. On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-19.
7. In view of the above detailed discussion, we are of the opinion that complaint deserves to be allowed and accordingly the complaint of the complainant is partly allowed and OP is directed to refund Rs.8000/- for the hotel room rent to the complainant and further OP is directed to pay Rs.27,865.99 for the air fare, to the complainant. Further, OP is directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
02.01.2023 Member Member President
