DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 117/2024

Date of Institution: 19.03.2024

Order Reserved on: 02.04.2024

Order Passed on: 02.04.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

Order by : Shri Ravi Kumar (Member)

ORDER

The complaint has been filed through Shri Tara Chand Anand, GPA holder of the Complainant Shri Surender Kumar Anand wherein Complainant has alleged deficiency in service on the part of OPs on account of his wife not been able to board connecting flight from New York to London on 01.11.2023 due to non availability of Transit Visa and he had to buy fresh tickets to travel for which he incurred expenses of $2500 (INR Rs.2,07,349.44).  

1. The case of the Complainant is that he had booked air tickets for himself and his wife through OP1 from Tampa (Finland) to New York on 01.11.2023 and the Flight was to depart at 4.00 p.m. and to arrive at 6.55 p.m. at New York. Next flight the Complainant had booked was from New York to London which was to depart at 9.30 p.m. from New York and arrival was at 8.20 a.m. at London, the next day. The entire onward and return Journey comprised the sectors i.e. from Finland to New York, New York to London, London to Delhi and return from Delhi to London, London to Tampa (Finland) and the Complainant had paid total amount $2417.08 for the same.
2. On 01.11.2023 when the Complainant landed at New York Airport alongwith his wife and wanted to take connecting flight to London but the officials of OP2 did not allow the Complainant’s wife to travel as she was not carrying Transit Visa. The Complainant contacted the officials of OP2 at New York Airport however no solution was given and Complainant thereafter arranged new tickets from New York to Delhi by spending $2500.
3. The Complainant has contended that OPs were duty bound to inform him that the Transit Visa was required for travelling from New York to London on 01.11.2023 which they failed to do and as a result he and his wife were put to mental trauma and stress and he had to incur extra financial burden of buying two new air tickets from New York to New Delhi. All these air tickets were booked by the Complainant for himself and his wife through OP1 and the carrier was Virgin Atlantic Airways (OP2) and he has enclosed the booking confirmation slip alongwith his complaint. The Complainant has sought refund of Rs.4,32,742/- from OPs alongwith interest @18%, Compensation of Rs.15,00,000/- and litigation cost of Rs.1,00,000/-.
4. This Commission has heard the arguments of the Complainant on 19.03.24 on admission and next date was fixed as 21.03.24 for clarification. None appeared for complainant on 21.03.24 and the case was fixed for today. Today also none has appeared on behalf of the Complainant and therefore Commission is passing the order on the basis of arguments already made by the Complainant and documents on record.    
5. The Complainant had booked his Flight tickets through OP1 i.e.      Justfly Cheap Private Limited and the carrier was OP2 i.e. Virgin     Atlantic Airways. He had booked his onward journey Tickets from Tampa (Finland) to New York on 01.11.2023 and the Flight  was to depart at 4.00 p.m. and arrive at 6.55 p.m. The next flight the Complainant had booked was from New York to London which was to depart at 9.30 p.m. from New York and arrival was at 8.20 a.m. at London, the next day.

He has stated that while he was booking his Air Tickets for his onward and return journey he was not informed by OPs that the Transit Visa was required at the time of taking his flight from New York to London on 01.11.2023.

On perusal of the booking confirmation issued by OP2 i.e. Virgin Atlantic Airways (the documents filed by the Complainant) it is clearly mentioned at page 18 that with regard to Visa and Health requirements, the Complainant had to make sure that he had the information and documents he needed before he takes the flights (onward and return) with his wife.

6. The Complainant is contending that he was informed that Transit Visa was not required at New York Airport for his wife. He has not enclosed any documentary evidence for the same. When he reached New York Airport on 01.11.23 from Tampa (Finland), his wife was not allowed to take her next flight from New York to London on the ground that she was not carrying Transit Visa. Complainant has not stated if he also was stopped to take flight from New York to London which implies that the Complainant might have been having Transit Visa for himself however his wife did not have it. Therefore the Complainant was aware that Transit Visa was required at New York Airport and he failed to obtain the same for his wife before starting their journey from Finland.
7. The Complainant has also not produced any document with regard to any condition being there that OP1 and OP2 would be providing service to them for obtaining Transit Visa for them. Otherwise also for any international travelling appropriate category of Visa is required which depends on the country where the person is arriving at or departing from. The Complainant was not diligent to ensure that his wife also should have Transit Visa when she arrived at New York Airport on 01.11.2023 and he cannot shift the burden on OP1 & OP2. The complainant has failed to highlight that OP1 was his service provider for transit visa or not. Complainant otherwise is supposed to have the knowledge of the rules with respect to Transit Visa where he was travelling. He has also not filed any document to show that he has paid any consideration to OP1 for availing its service for Transit Visa.  
8. Thus the Complainant has not been able to establish prima-facie deficiency in service on the part of OP1 & OP2 and as such does not fall within the definition of consumer under CP Act, 2019 qua OPs and therefore the complaint of the complainant is rejected.
9. Copy of this Order be supplied/sent to the Complainant free of cost as per Rules.

Original documents filed by the Complainant be returned to him by retaining the copy on the Court File.

File be consigned to Record Room.

Announced on 02.04.2024.