1.      Heard Mr. R.D. Sharma, Advocate, for the complainant and Ms. Ritu Singh Mann, Advocate, for the opposite party. 

2.      Ms. Anubha Jain has filed above complaint for directing M/s. British Airways to pay (i) Rs.10000000/-as the compensation, (ii) Rs.110000/- as legal expenses for redressal of her grievance, (iii) US$1098, having value of Rs.72245/- as on 20.09.2015 (iv) Cost of litigation and (v) Any other relief which is deemed fit and proper, in the facts and circumstances. 

3.      The complainant stated that she was a Bronze Category Executive Club Member, having No.36189237 dated 04.06.2016 with British Airways. She booked an Airline ticket on 14.06.2015, for her journey on 24.09.2015 from Los Angeles to New Delhi via London, through ‘Make My Trip’, for her personal tour and paid Rs.349904/-. The complainant and her husband contacted Customer Care Centre, American Airlines, U.S.A. on 09.09.2015, on telephone, for preponement of the date of journey for 20.09.2015, on the aforesaid ticket. After paying requisite charges on 09.09.2015, date of journey was preponed for 20.09.2015 and she was provided a book-let with travel coupon. The complainant and her husband reached at the airport Los Angeles at check-in Gate on 20.09.2015 at about 7:00 PM. Mr. Bernard Pollard, an officer of British Airways objected to travel on 20.09.2015, telling that her ticket/flight was for 24.09.2015.The complainant showed her travel coupon dated 09.09.2015, which was not accepted by Mr. Bernard Pollard. He forced the complainant to pay US$1098, in addition to amount paid on 09.09.2015. While issuing Boarding Pass at check-in counter, he forcibly took the original passenger’s receipt, relating to additional charges and told that it would be returned after some time to her in waiting lounge. When the original passenger’s receipt was not returned, the complainant made inquiry in this respect. On which, Mr. Bernard Pollard annoyed and misbehaved with her. She and her husband were asked to stand near the boarding gate, where they were forcibly detained till the boarding of last passenger. In spite of repeated request to return, the original passenger’s receipt relating to additional charge, which was necessary for her to get exemption of 35% of Income tax and 100% penalty, it was not returned rather lewd remarks were passed. The complainant was threatened that her luggage would be offloaded from the flight. Entire incident was recorded in CCTV camera at Los Angeles Airport. Said incident was narrated to the crew of the flight in the form of feedback form. The husband of the complainant made a complaint on email on 25.09.2015 but a vague reply dated 01.10.2015 was given. The complainant sent another complaint through registered post on 28.10.2015 and thereafter a legal notice was given on 14.09.2016, which was vaguely replied on 22.09.2016. This complaint was filed on 09.03.2017. The complainant filed her Additional Affidavit on 27.04.2017, giving details of her claim as set up in the complaint.  

4.      The opposite party filed its written reply on 19.07.2017 and contested the complaint. The opposite party stated that the complainant purchased ticket on 14.06.2015 through ‘Make My Trip’ for travel on the sectors New Delhi-London-Las Vegas and Los Angeles-London-New Delhi. Ticket number of the complainant was “001 9248596163-64” Airlines PNR numbers were 7GCJ9N and IUIPXH (Annexure-P-1). Payment for this ticket was done through Credit Card of Mr. Naresh Jain. The travel was to be done partly on British Airways and partly on American Airlines. Return ticket from Los Angeles-London-New Delhi was entirely on American Airlines and date of journey was 24.09.2015, from Los Angeles. Mr. Naresh Jain (husband of the complainant) purchased ticket on 09.09.2015 for travel on the sectors New Delhi-London-Las Vegas and Los Angeles-London-New Delhi (Annexure-P-3), whose ticket number were “1258214211343” and “1258530427355”. Payment of this ticket was done, using American Express Credit Card of Mr. Yatin Jain. It has been denied that the complainant had got date of journey preponed for 20.09.2015, from Customer Care Centre, American Airlines, U.S.A. on 09.09.2015, from Los Angeles-London-New Delhi. The complainant and her husband arrived at Los Angeles Airport on 20.09.2015. On checking, it was found that ticket of Ms. Anubha Jain was for 24.09.2015. At the request of the complainant, check-in staff of the opposite party at the Airport, co-ordinated with the staff of American Airlines for preponing the journey. After deposit of US$1098.80, journey was preponed for 20.09.2015 and she was provided a book-let with travel coupon. While her ticket for 20.09.2015 was being arranged, the complainant and her husband were requested to wait. Remaining allegations of misbehaviour by Mr. Bernard Pollard, giving threats to offload the luggage or tearing original passenger’s receipt by him were denied. It has been stated that there was absolutely no reason to misbehave with the complainant. It has been denied that there was deficiency in service on the part of the opposite party.   

5.      The complainant filed her Rejoinder reply on 01.02.2008, in which, the facts stated in the complaint are reiterated.  The complainant filed her Affidavit of Evidence and Affidavit of Admission and Denial of Documents, on 11.04.2018. The opposite party filed Affidavit of Evidence and Affidavit of Admission and Denial of Documents of Sanjay Soni, on 06.09.2018. Both the parties filed their short synopsis.

6.      We have considered the arguments of the counsel for the parties and examined the record. Admittedly the return ticket of Ms. Anubha Jain from Los Angeles-London-New Delhi was for 24.09.2015. The complainant alleged that she and her husband contacted Customer Care Centre, American Airlines, U.S.A. on 09.09.2015, on telephone, for preponement of the date of journey for 20.09.2015, on the aforesaid ticket and after paying requisite charges on 09.09.2015, date of journey was preponed for 20.09.2015 and she was provided a book-let with travel coupon. This fact has been disputed by the opposite party. According to the opposite party, the complainant and her husband arrived at Los Angeles Airport on 20.09.2015. On checking, it was found that ticket of Ms. Anubha Jain was for 24.09.2015. At the request of the complainant, check-in staff at the Airport, co-ordinated with the staff of American Airlines for preponing her journey for 20.09.2015. After deposit of US$1098.80, journey was preponed for 20.09.2015 and she was provided a book-let with travel coupon (filed on page-28 of the complaint). While the ticket for 20.09.2015, was being arranged, the complainant and her husband were requested to wait.

7.      The complainant has not filed any document to prove that US$1098.80 (approximate value of this amount was Rs.72245/- at that time) was paid by twice, i.e. one on 09.09.215 and other on 20.09.2015. As she has failed to prove that she had paid US$1098.80 on 09.09.2015, as such, issue of book-let with travel coupon on 09.09.2015, preponing date of journey as 20.09.2015, is not proved. Theory of its tearing by Mr. Bernard Pollard, is not liable to be believed. We do not find any deficiency in service on the part of opposite party.

ORDER

  In view of the aforesaid discussions, the complaint is dismissed.