Order dictated by:
Mr.Anoop Sharma, Presiding Member
1. The complainants have brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainants planned their foreign tour and approached Opposite Party No.1 and accordingly, Opposite Party No.1 gave confirmed tickets 1579798561268/69 in the names of complainants from 2nd July, 2016 to 14th Jul, 2016 from Amritsar to Doha to Frankfurt and Frankfurt to Amritsar confirmed vide their Invoice No.2012 dated 1.2.2016 by charging Rs.2,19,000/- from the complainants. It is submitted that the complainants applied for VISA after getting the confirmed tickets from Opposite Party No.1 on 24.5.2016 and got the date of appointment 2.6.2016 at 12.oo noon and in the Visa Form the complainant attacked the original return tickets and also informed about their hotel bookings from 3rd july, 2016 and thus after verifying the requisite documents of the Opposite Party, the Opposite Party No.5 gave VISA for 3rd of July to the complainant. The complainants reached at Sri Guru Ram Das International Airport, Raja Sansi, Amritsar in advance as the complainant’s flight schedule was 2nd July Amritsar – Doha 1920 2035 and 3rd July DohaFrankfurt 0110 0645, but the Opposite Party No.2 told to the complainants that they can not board the flight as VISA starts on 3d July 2016 and they do not have valid Visa for 2nd July. The complainant argued with the Opposite Party No.2 on the basis of information provided by 5 to the complainant that their VISA is from 3rd July and they will enter the Schengen Area on 3rd July, therefore, they have got booked confirmed flight tickets from 2nd July but the Opposite Parties No.2,3, 4 and 6 remained adamant and did not allow the complainants to board the flight. It was further informed to the Opposite Party No.2 that even at the time of booking of tickets no Vis requirement was sought from the complainant and thus they are arbitrarily not allowing the complainant to board the flight. But inspite of making several requests to Opposite Parties No.2,3,4 and 6 they refused the complainant to board the flight and even after taking up the matter with the concerned senior authorities of Opposite Party No.2, no satisfactory reply was given to the complainants. Having no alternative the complainants requested then to reschedule the flight from 2nd July, to 3rd july but they told that it will need to pay approximately Rs.80000/- per person if complainant’s want to reschedule the flight. The complainants were not going to pay this too much amount and as such the complainants dropped their plan and requested for cancellation of the tickets but they were again asked that total cancellation charges per person will be Rs.54435/- (USD 200+ USD 500 (Inr.46830/- + Rs.300/- RAF-15.50% JN. And for two persons the cancellation charges would be Rs.108870/-. However, the charges deducted for the cancellation for the NO-Show are deducted to the extent of USD 500, whereas the complainant had duly arrived on 2nd of July, 2016 at Sri Guru Ram Das International Airport, Raja Sansi, Amritsar and it was the Opposite Party No.2 who had not allowed to board the flight and the said factum had been put on tickets by Opposite Party No.2. As the complainants were to go schenegen so he got their ticket booked from Opposite Party No.1 on 3rd of Ju,.y, 2016 for which the complainant had paid Rs.121085/- per ticket i.e. Rs.241170/- for two tickets thus the complainant had to pay Rs.23000/- extra for two tickets. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Parties No.2 to 6 may kindly be directed to pay Rs.1,41,870/- being financial loss suffered by the complainant plus Rs.1 lac as compensation for mental tension, harassment alognwith interest besides litigation expenses.
Hence, this complaint.
2. Upon notice, Opposite Party No.1 appeared and contested the complaint by filing written statement taking preliminary objections therein inter alia that the complainant reached Sri Guru Ram Das International Airport, Raja Sansi, Amritsar in advance but were deliberately and wrongly not allowed to board the flight, inspite of having requisite tickets and documents. The complainants requested to reschedule the flight from 2nd July 2016 to 3rd July, 2016 but were told to pay proximately Rs.80000/- per person extra if they want to reschedule the flight. As the amount to reschedule the flight was too high, the complainants dropped the plan and sought the cancellation of the tickets. It is further correct that the complainants have suffered mental tension, harassment and agony on account of deficiency in service and unfair trade practice and the replying Opposite Party No.1 have no objection if the claim is allowed.
3. Opposite Parties No.2 and 4 appeared through counsel and filed written reply contesting the claim of the complainant on the ground that no cause of action has arisen in favour of the complainant or against the answering Opposite Parties and the instant complaint is liable to be dismissed. It was averred that on July 2nd 2016 the complainant was booked to travel from Amritsar to Doha with Standard Time of Departure at 19:20 hrs and onward flight DOH-FA (DOHA to FRANCE) on QR069 3rd July with standard time of departure at 0210 hrs and arrival in France at 06:55 hrs having tickets Nos.157-9796581268 and 1579796581269 which were reissued due to change in timings at no additional charges. New ticket numbers provided to the complainant were 157-24596363 and 157-1724596364. When the complainant presented himself at the check in counters of the Opposite Party No.2 and 4, as standard practice, the complainant was requested to share the purpose of visit and other relevant travel documents. On perusing the Travel documents which includes the VISA, it was observed that the VISA of the complainant was effectively valid from 3rd of July, 2016 which was the next day and was hence denied boarding. The complainant argued with Opposite Parties No.2 and 4 that the complainant’s visa was valid from 3rd of July, 2016 and that they would enter the schengen area on the 3rd of July, 2016 which the valid date on the effective VISA. The complainants were informed that as per the rules and guidelines of Bureau of Immigration, the day a passenger is travelling out of India, the passenger Travel Documents(VISA) should be valid. It is noteworthy to mention the revised flight scheduled operation at the Amritsar Airport, the runway closes at 20.oo hrs and the last flight operated by Opposite Parties No. 2 and Opposite Party No.4 leaves Amritsar Airport at 19.20 hours. The complainant was holding VISA for Schengen country which was valid from the next day i.e the 3rd of July, 2016 but was travelling a day earalier i.e. 2nd July 2016 and was hence denied boarding. On merits, the Opposite Parties No.2 and 4 took the same and similar pleas as taken by them in the preliminary objections and it was prayed that the complaint is false and frivolous and the same may please be dismissed.
4. Upon notice, Opposite Parties No.3 and 6 appeared and filed written statement contesting the claim of the complainant on the ground that there is no cause of action ever occurred against the answering Opposite Parties. The airport authority of India is functioning under the Ministry of Civil Aviation, as such Union of India through ministry of Civil Aviation is necessary and proper party. The replying Opposite Parties have no connection with respect to boarding in the flight. It is the total function of Airline as well as immigration department and the answering Opposite Parties have no role in boarding the flight. There is no deficiency in service on the part of Opposite Parties No.3 and 6. Otherwise as per the law and procedure, no passenger is allowed to board the flight when he is not having valid visa on the date of boarding. It is therefore, prayed that the complaint against answering Opposite Parties may please be dismissed.
5. None appeared on behalf of Opposite Party No.5, hence Opposite Party No.5 was proceeded against exparte vide order of this Forum.
6. In his bid to prove the case, complainants tendered into evidence affidavit Ex.CW1/A in support of the allegations made in the complaint and also produced copies of documents Ex.C1 to Ex.C9 and closed his evidence.
7. On the other hand, to rebut the evidence of the complainant, the Opposite Party No.1 tendered into evidence the affidavit of Sh.Gaurav Aggarwal Ex.Op1/1 alongwith documents already exhibited as Ex.C3, Ex.C7 to Ex.C10. Similarly, Opposite Parties No.2 and 4 tendered into evidence the affidavit of Sh.Henry Moses Ex.Op2,4/1 and copy of document Ex.Op2/4/2. Opposite Parties No. 3 and 6 tendered into evidence the affidavit of Sh.V.V.Rao, Airport Director Ex.OP3,6/1 and closed the evidence.
8. We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.
9. Ld.counsel for the complainant has reiterated the facts as narrated by the complainant in the complaint and submitted that the complainants planned their foreign tour and approached Opposite Party No.1 and accordingly, Opposite Party No.1 gave confirmed tickets 1579798561268/69 in the names of complainants from 2nd July, 2016 to 14th Jul, 2016 from Amritsar to Doha to Frankfurt and Frankfurt to Amritsar confirmed vide their Invoice No.2012 dated 1.2.2016 by charging Rs.2,19,000/- from the complainants. It is submitted that the complainants applied for VISA after getting the confirmed tickets from Opposite Party No.1 on 24.5.2016 and got the date of appointment 2.6.2016 at 12.00 Noon and in the Visa Form the complainant attacked the original return tickets and also informed about their hotel bookings from 3rd july, 2016 and thus after verifying the requisite documents of the Opposite Party, the Opposite Party No.5 gave VISA for 3rd of July to the complainant. The complainants reached at Sri Guru Ram Das International Airport, Raja Sansi, Amritsar in advance as the complainant’s flight schedule was 2nd July Amritsar – Doha 1920 2035 and 3rd July DohaFrankfurt 0110 0645, but the Opposite Party No.2 told to the complainants that they can not board the flight as VISA starts on 3d July 2016 and they do not have valid Visa for 2nd July. The complainant argued with the Opposite Party No.2 on the basis of information provided by 5 to the complainant that their VISA is from 3rd July and they will enter the Schengen Area on 3rd July, therefore, they have got booked confirmed flight tickets from 2nd July but the Opposite Parties No.2,34 and 6 remained adamant and did not allow the complainants to board the flight. It was further informed to the Opposite Party No.2 that even at the time of booking of tickets no Vis requirement was sought from the complainant and thus they are arbitrarily not allowing the complainant to board the flight. But inspite of making several requests to Opposite Parties No.2,3,4 and 6 they refused the complainant to board the flight and even after taking up the matter with the concerned senior authorities of Opposite Party No.2, no satisfactory reply was given to the complainants. Having no alternative the complainants requested then to reschedule the flight from 2nd July, to 3rd july but they told that it will need to pay approximately Rs.80000/- per person if complainant’s want to reschedule the flight. The complainants were not going to payth8is too much amount and as such the complainants dropped their plan and requested for cancellation of the tickets but they were again asked that total cancellation charges per person will be Rs.54435/- (USD 200+ USD 500 (Inr.46830/- + Rs.300/- RAF-15.50% JN. And for two persons the cancellation charges would be Rs.108870/-. However, the charges deducted for the cancellation for the NO-Show are deducted to the extent of USD 500, whereas the complainant had duly arrived on 2nd of July, 2016 at Sri Guru Ram Das International Airport, Raja Sansi, Amritsar and it was the Opposite Party No.2 who had not allowed to board the flight and the said factum had been put on tickets by Opposite Party No.2. As the complainants were to go schenegen so he got their ticket booked from Opposite Party No.1 on 3rd of July, 2016 for which the complainant had paid Rs.121085/- per ticket i.e. Rs.241170/- for two tickets thus the complainant had to pay Rs.23000/- extra for two tickets.
10. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contentions of the ld.counsel for the complainant on the ground that on July 2nd 2016 the complainant was booked to travel from Amritsar to Doha with Standard Time of Departure at 19:20 hrs and onward flight DOH-FA (DOHA to FRANCE) on QR069 3rd July with standard time of departure at 0210 hrs and arrival in France at 06:55 hrs having tickets Nos.157-9796581268 and 1579796581269 which were reissued due to change in timings at no additional charges. New ticket numbers provided to the complainant were 157-24596363 and 157-1724596364. When the complainant presented himself at the check in counters of the Opposite Party No.2 and 4 and 4, as standard practice, the complainant was requested to share the purpose of visit and other relevant travel documents. On perusing the Travel documents which includes the VISA, it was observed that the VISA of the complainant was effectively valid from 3rd of July, 2016 which was the next day and was hence denied boarding. The complainant argued with Opposite Parties No.2 and 4 that the complainant’s visa was valid from 3rd of July, 2016 and that they would enter the schengen area on the 3rd of July, 2016 which the valid date on the effective VISA. The complainants were informed that as per the rules and guidelines of Bureau of Immigration, the day a passenger is travelling out of India, the passenger Travel Documents(VISA) should be valid. It is noteworthy to mention the revised flight scheduled operation at the Amritsar Airport, the runway closes at 20.oo hrs and the last flight operated by Opposite Parties No. 2 and Opposite Party No.4 leaves Amritsar Airport at 19.20 hours. The complainant was holding VISA for Schengen country which was valid from the next day i.e the 3rd of July, 2016 but was travelling a day earalier i.e. 2nd July 2016 and was hence denied boarding. Moreover, ld.counsel for Opposite Parties No.1, 3, 6 averred that they have no concern with the dispute in hand and the complaint against them may please be dismissed with costs.
11. The only contention of ld.counsel for Opposite Parties No.2 and 6 is that on July 2nd 2016 the complainant booked to travel from Amritsar to Doha with Standard Time of Departure at 19:20 hrs and onward flight DOH-FA (DOHA to FRANCE) on QR069 3rd July with standard time of departure at 0210 hrs and arrival in France at 06:55 hrs having tickets Nos.157-9796581268 and 1579796581269 which were reissued due to change in timings at no additional charges. New ticket numbers provided to the complainant were 157-24596363 and 157-1724596364. When the complainant presented himself at the check in counters of the Opposite Party No.2 and 4, as standard practice, the complainant was requested to share the purpose of visit and other relevant travel documents. On perusing the Travel documents which includes the VISA, it was observed that the VISA of the complainant was effectively valid from 3rd of July, 2016 which was the next day and was hence denied boarding. Perusal of the record shows that Opposite Party No.1 gave confirmed tickets 1579798561268/69 in the names of complainants from 2nd July, 2016 to 14th Jul, 2016 from Amritsar to Doha to Frankfurt and Frankfurt to Amritsar confirmed vide their Invoice No.2012 dated 1.2.2016 by charging Rs.2,19,000/- from the complainants. Copy of passport of Rakesh Bharti complainant Ex.C1 shows that the passport is valid w.e.f. 31.3.2011 to 30.3.2021 and whereas the perusal of document Ex.C2 shows that the passport of Prabha Bharti is valid w.e.f. 26.5.2011 to 25.5.2021 and the Opposite Parties must have issued the visa to the complainants after verifying the passports of the complainants. Ex.C4 is the requisite documents for a tourist Visa. Ex.C7 is the traveler information chart on which it is clearly mentioned that “not allowed to board as the Visa starts on 03July. But however, if the complainants were not having valid documents, then why the Opposite Parties issued the tickets in question to the complainant, hence there is deficiency in service and unfair trade practice on the part of the Opposite Parties No.2 and 4.
12. In view of the aforesaid facts and circumstances of the case, we direct Opposite Parties No.2 and 6 to pay Rs.1,41,870/- being financial loss suffered by the complainant within 30 days from the date of receipt of copy of this order, failing which the Opposite Parties No.2 and 6 shall be liable to pay interest @ 6% per annum on this amount from the date of filing the present complaint till its realization. However, complaint against No.1, 3, 4 and 5 stands dismissed. Opposite Parties No.2 and 6 are also burdened with costs of Rs.2000/-. Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated: 10.05.2017.
