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….Opposite Parties.
Complaint U/S 35 of the Consumer Protection Act.
Present: For the complainant: Complainant in person
For the opposite party No.1 to 5: Ms.Ritu Mann, Adv.
Opposite party No.6 given up.
Quorum: Sh.Lalit Mohan Dogra President Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Arpinder Kaur, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Manager Mr. N K Das and others (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant was a passenger of THAI Airways and booked a ticket dated 27.07.22 time 3.30 am duration 4 hours to Bangkok.(Delhi to Bangkok, Thai Airways) Ticket Price of Rs.16,500/-. It is alleged that the complainant reached Airport within time but Thai Airways Manager Mr.Sandeep Sharma and Mr.Gurwinder Singh denied boarding, use unofficial words, behave irrelevant manner and pushed the complainant from airport at 3.30 am on dated 27.07.2022. It is further pleaded that the Passport No. of the complainant is N8884335 and she reported at IGI Airport on dated 26.07.2022 at sharp 20.30 due to her flight is on date 27.07.2022 at 3.20 and the complainant made efforts to avoid such thing. It is further alleged that the complainant called the airport police but both officials also refused boarding and the complainant again approached the opposite party for transportation and complainant was surprised to see behavior while both officials also ignored the airport staff in rudely manner. It is further pleaded that the complainant immediately approached the nearest police station. It is further alleged that complainant is suffering mental Agony and harassment due to the illegal act of the opposite party. It is further pleaded that the complainant had on same day again booked new ticket from another airlines and visit Bangkok so that she could come back in prescribed to India, next ticket (Bangkok to Malaysia (Malinda Air), (Malaysia to Singapore (Air Asia AK), (Singapore to Amritsar (Scoot TR),(India). It is further pleaded that the complainant is genuine and complainant is demanding full refund. It is further alleged that the complainant has also send emails on dated august 9, august 10, august 15, august 16, august 17, September 15, October 3 and October 8 but opposite party failed to entertain for that till date. It is further pleaded that due this illegal act and conduct of the opposite party, the complainant has suffered great loss and also suffered mental agony and physical harassment and inconvenience as such there is a clear cut deficiency in service on the part of the opposite party.
On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the opposite party and prayed that the opposite party may be directed to make the payment of Rs.16,500/- i.e. amount of ticket refund along with interest @12% per annum from the date of booking till its realization along with Rs.4,90,000/- as compensation on account of physical as well as mental harassment suffered by the complainant from the hands of opposite party and Rs.50,000/- for deficiency in reply by opposite parties in favor of complainant along with litigation expenses in the interest of justice.
3. Upon notice, opposite parties No.1 to 5 appeared through counsel and filed their written reply by taking preliminary objections that the complaint of the Complainant is not maintainable as the Complainant was prevented from travelling from New Delhi to Bangkok on Thai Airways flight no. TG 332 on 27.07.2022 as the Complainant did not fulfill the requirements of the Thai Airways immigration regulations for foreigners travelling to Thailand. It is further pleaded that the Complainant did not have a visa for Thailand and informed the check-in staff at New Delhi that she would be obtaining the visa on arrival at Bangkok. It is pleaded that one of the requirements to receive a visa on arrival in Thailand is to furnish proof of funds of at least 10000 THB for single traveler and 20000 THB per family for their stay in Thailand. It is further pleaded that in addition, a passenger must also have a confirmed ticket to fly out of Thailand within 15/30 days. It is further pleaded that at the time of check-in at Delhi Thai Airways counter, the Complainant was unable to furnish proof of the fact that she had 10000 THB with her as required for passengers intending to secure a visa on arrival at Thailand. It is further pleaded that moreover the Complainant was in possession of a ticket exiting Bangkok under a different PNR which did not reflect in the system when the Complainant's Thai Airways ticket details were entered in the system. It is further pleaded that the Complainant's outbound ticket on a different PNR was not accepted by the system and the Complainant was requested to produce a ticket for flying out of Thailand on the same PNR as the ticket in her possession for entering Thailand. It is further pleaded that the complainant was unable to produce evidence of being in possession of the required amount of funds that is, 10000 TBH. It is further pleaded that the check-in staff was unable to assist the Complainant with any resolution to her problems and the Complainant was rightly denied boarding by the answering Opposite Parties on account of being unable to meet with the requirements of the Thailand immigration authorities. It is further pleaded that Reliance is placed on Article 13.1 and 13.2 of the Conditions of Carriage of the Answering Opposite Parties Airline which are reproduced below for ready reference.
“ 13.1 GENERAL
- 13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
- 13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
- 13.2 TRAVEL DOCUMENTS
- Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.”
It is further pleaded that the Conditions of Carriage of Thai Airways clearly state that the airline has the right to refuse carriage to a passenger who does not comply with the travel requirements. Thus, denial of boarding to the Complainant was as per the Conditions of Carriage of the Answering Opposite Parties which form a binding contract between the passenger and the airline.
It is further pleaded that IATA General Conditions of Carriage (Passenger and Baggage) in Article 13 also stipulates similar condition whereby it is the duty of the passenger to ensure that the passenger is comply with all the travel requirements as well as possesses the required travel documents in the absence of which an airline is within its rights to refuse travel to the passenger. Article 13 of the IATA General Conditions of Carriage reproduced below for ready reference:
“ Article 14 Administrative Formalities
14.1 General
- The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from into or over, and with Carrier's Regulations and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of Carrier to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
14.2 Travel Documents
- The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order.
On merits, the opposite parties No.1 to 5 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.
4. Opposite Party No.6 given up wide order date 21.12.2022.
5. Learned counsel for the complainant has tendered into evidence affidavit of Arpinder Kaur, (Complainant) as CW-1/A along with other documents as Ex.C-1 to Ex.C-31.
6. Learned counsel for the opposite parties No.1 to 5 has tendered into evidence affidavits of Neeladri Kumar Das (Senior Supervisor, THAI Airways International Public Co. Ltd, New Delhi) as Ex.OPW-1to5/A and Ex.OPW-1to5/B along with other documents as Ex.OP-1to5/1 to Ex.OP-1to5/6.
7. Rejoinder filed by the complainant.
8. Written arguments not filed by both the parties.
9. Complainant in person has argued that on 27.07.2022 she reached Delhi Airport for boarding flight to Bangkok but she was not allowed by Mr.Sandeep Sharma and Mr.Gurwinder Singh and under compelled circumstances complainant had to arrange another ticket and inspite of fact that complainant had not travelled with the opposite parties No.1 to 5 but opposite parties have not refunded the amount of Rs.16,500/- which amounts to deficiency in service.
10. On the other Ms.Ritu Singh Mann, counsel for the opposite parties No.1 to 5 has argued that complainant was not allowed to board plain as she was not in possession of 10000 THB which was required for passengers seeking visa on arrival in Thailand as she was not having valid visa and besides above complainant was choosen separate ticket under different PNR for various sectors of travel, which in itself was a suspicious circumstance and has argued that there was no deficiency in service on the part of opposite parties No.1 to 5.
11. We have heard the complainant in person and counsel for the opposite parties No.1 to 5 and gone through the record. It is admitted fact that complainant had purchased a ticket with opposite parties No.1 to 5 for travel on 27.07.2022 from New Delhi to Bangkok. It is further admitted fact that opposite parties No.1 to 5 denied boarding to the complainant on the ground of lack of documents and valid visa.
12. To prove her case complainant has placed on record electronic visa which was issued on 14.07.2022 Ex.C4, copy of ticket Ex.C7 purchased from opposite parties, copy of ticket Ex.C8 which was later on purchased by he complainant on same day with Spice Jet SG-740. Complainant had also placed on file Covid 19 Vaccination Certificate. Statement of account of the complainant Ex.C19 as proof regarding possession of currency Ex.C30, copy of boarding pass issued by Spice Jet Ex.C22.
13. From the evidence on record, it is proved that since on same day complainant had travelled to Bangkok by different flight i.e. Spice Jet which shows that she was fulfilled required formalities for her visit to Thiland as such act of opposite parties No.1 to 5 of having denied boarding to the complainant at the moment means to deficiency in service.
14. Accordingly, present complaint is partly allowed and opposite parties No.1 to 5 are directed to pay Rs.16,500/- to the complainant alongwith interest @ 9% P.A. w.e.f. 27.07.2022 till realization of the entire amount. Opposite parties are also directed to pay Rs.10,000/- to the complainant for mental tension, harassment and mental stress for procuring second ticket on same day and also Rs.5,000/- as cost litigation. Entire exercise will be completed within 30 days from date of receipt of copy of this order.
15. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
16. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Sept. 06, 2023 Member
*YP*
