DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:415 of 2011] Date of Institution : 09.09.2011 Date of Decision : 16.09.2011 --------------------------------------- Ms. Gagandeep Simi Chawla D/o Sh. Mohan Harpal Singh Sodhi, Resident of House No.2467, Phase X, SAS nagar, Mohali through Sh. Harpreet Singh Sodhi, Special Power of Attorney of Ms. Gagandeep Simi Chawla. ---Complainant. V E R S U S Kanwal Travels, SCO No.8-9, Sector 17-B, Chandigarh through its Proprietor. ---Opposite Party. BEFORE: MRS. MADHU MUTNEJA PRESIDING MEMBER SH. JASWINDER SINGH SIDHU MEMBER Argued By: Ms. Nainmeet, Agent/Representativeof Sh. H.S. Sodhi, Special Power of Attorney of the complainant. MRS. MADHU MUTNEJA, PRESIDING MEMBER The instant complainant complaint relates to allegations of deficiency in service as the complainant was not permitted to board the plane to India for her return journey on the ticket issued by OP. 2. Briefly stated, the complainant is a Canada based N.R.I and had gone to U.S.A on a business trip, the VISA for which had expired. The complainant together with her family members came to India to meet her parents. Unfortunately, there was a problem in her house in L.A (U.S.A.) for which she needed to rush to U.S.A. The complainant bought a return ticket from OP on 9.5.2011 of China Airlines for travelling to U.S.A. The date of travel was 11.5.2011 and return was 25.5.2011. The complainant left her three minor children with her parents. She paid Rs.57,800/- for the ticket. 3. On the date of return journey, the complainant was told at the China Airlines counter that as she was a Canadian citizen, she was not permitted to visit another country i.e. U.S.A from India and then re-enter India within two months. The complainant was hence detained at the airport and was told in clear terms that even if she boarded the flight to New Delhi, she would be deported back. 4. The complainant in desperation contacted the Immigration Authorities in New Delhi and after many requests, that she needed to bring back her three minor children from India, was allowed to board the flight. The whole episode left the complainant extremely distressed. The complainant has alleged that the OP should have been aware of the immigration laws and should not have booked the return journey after 15 days. They had been shown her Canadian Passport. 5. According to the complainant, had the OP told the complainant about the prevailing law at the time of booking, she would have changed her plan and taken the kids along. She has thus filed the instant complaint alleging negligence and deficiency in service on the part of OP on account of agony and harassment undergone by her. The complainant has prayed for the refund of fare, compensation and costs of litigation. 6. We have heard Ms. Nainmeet, Agent/Representative of Sh. H. S. Sodhi, Special Power of Attorney of the complainant and gone through the documents on record. 7. Considering the facts and merits of the case, the complainant, as per her own version, has obtained the services of OP only qua purchasing the travel ticket. She has not shown any contract with the OP for providing her any VISA for the said tour. In our opinion, the OP has only issued a ticket to the complainant for which she has paid the required consideration. The complainant has not stated that she was not allowed to board the flight on account of wrong ticket or whether there was any confusion about the date or travel timings. The complainant has been able to travel on the same ticket to U.S.A. It is only on the return journey that she has had a problem. Hence, leveling allegations about not being able to enter India against the OP due to immigration rules is too far fetched and in our considered opinion, not sustainable. It was for the complainant being an educated citizen to know the immigration laws/rule before commencement of her journey. The services of OP were availed only qua obtaining the travel ticket. Admittedly, the complainant was denied entry at China Airlines Counter because of immigration rules and not because of any falsity in the ticket issued by the OP. So, the OP cannot be held deficient or negligent in providing service to the complainant. 8. Considering the facts of the case, reference needs to be made to the decision given by Hon’ble Kerela High Court in the case Fon-Ess India (P) Ltd. Vs. Kerala State Consumer Disputes Redressal Commission, Original Petition No.19405 of 2000 decided on 14th July, 2006 and reported as 2007 CTJ 8 (Kerala High Court) (CP), wherein it has been specifically held that admission of a complaint before a District Forum or the State/National Commission under the Consumer Protection Act, 1986 is not automatic. The Forum/Commission has to consider the maintainability before admitting it and issue its notice to the opposite party/respondent. We do not think that the complainant has been able to prove any deficiency in the services provided to her by the OP. The complainant has placed on record order of District Forum-I, U.T., Chandigarh in compliant bearing No.339 of 2011 involving the same cause of action. The said complaint was withdrawn by her on 12.7.2011 and no liberty to file a fresh complaint was granted at that time. She has now filed the present complaint. 9. In view of the above discussion, we do not find any substance in the present complaint and the same is dismissed in limine without cost. 10. Copies of this order be supplied to the parties free of costs. After necessary compliance, file be consigned to the record room. Announced in open court. 16th September 2011. Sd/- (MADHU MUTNEJA) PRESIDING MEMBER Sd/- (JASWINDER SINGH SIDHU) MEMBER Ad/-
DISTRICT FORUM-II C.C.No.415 of 2011 Argued By: Ms. Nainmeet, Agent/Representativeof Sh. H.S. Sodhi, Special Power of Attorney of the complainant. --- Heard. As per the detailed order of even date recorded separately, this complaint has been dismissed in limine. Announced. 16.09.2011. (MADHU MUTNEJA) (JASWINDER SINGH SIDHU) PRESIDING MEMBER MEMBER
| | MR. JASWINDER SINGH SIDHU, MEMBER | MRS. MADHU MUTNEJA, PRESIDING MEMBER | , | | 
