Delhi

New Delhi

CC/1220/2007

Narinder Sethi - Complainant(s)

Versus

M/S. The British Airways - Opp.Party(s)

09 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1220/07                                                                                                                                                                              Dated:

In the matter of:

Sh. Narinder Sethi,

Care International Medical Division,

N-19, Green Park Extension, New Delhi

 

……..COMPLAINANTS

       

VERSUS

1. The British Airways,

1. Gopal Dass Building,

                Connaught Place, New Delhi

 

2. DLF Plaza Tower,

                DLF City Phase-I, Gurgaon-122002

 

2. M/s. Jetways Travels Ltd.,

        Flat no.5 U.G.F, Indira Park,

        21, Barakhamba Road, New Delhi-110001

                         ………. OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

        The complainant has availed the services of British Airways from New Delhi to Miami (USA) and returned journey via London-Dusseldorf and furtherance of his business activities on his return journey via Medica which was scheduled to be in Germany who bought ticket for Jet Airways OP2 scheduled on 06.09.06 from London to Delhi. Complainant took the flight of OP1 on 07.011.06 and reached Miami on 11.11.06 but his baggage not delivered. Later on OP1 handed over his baggage in torn condition and complainant immediately lodged the complaint to Competent Authority of OP1 at Miami.

        The tour program was scheduled on 19.11.07 via Dusseldorf (Germany) to Delhi via London as per prescribed scheduled at 1515 hrs. Complainant as soon as approached OP1 counter but OP1 refused him to board in said flight as he had not take U.K transit visa which was never explained to complainant while ticket was booked by OP1 through OP2. Complainant immediately approaches OP1 executive but he refused to entertain him. Ultimately complainant purchased a fresh ticket frustratedly from Emirates Airlines for New Delhi on 20.11.06 to arrive Delhi.  Thus complaint was filed.

        While evaluating W.S/Evidence of OP1, it is admitted that complainant was refused to board the flight as he has no valid visa which he has not disclosed to him when ticket was issued to him as transit visa is mandatory to travel via London. Further he  has also refused that the baggage was lost and later on it was delivered to complainant in torn condition as alleged by complainant but OP1 replied that he had never reported to OP1 regarding loss of baggage. It reveals that complainant has to stay one day in foreign Country due to negligence of OP1 which was not pointed out by OP to complainant that transit visa is mandatory for travelling otherwise ticket would not be issued. OP1 never explained to the complainant consequently he has to wander here and there remained approaching one officer after another but result could not work out except he got frustration. Ultimately complainant has to buy a fresh one ticket for Delhi which costed him for Rs.33,000/- apart from the luggage which was not delivered in time at foreign country where he had to stay in naked situation and no one was ready to help at unknown place except to arrange to buy belongings which needed immediately.

        Thus it is a clear case of unfair trade practices and breach of contract on the part of OP1 who unnecessarily dragged the complainant into litigation.

        Keeping in view, OP1 is directed to pay Rs.45,000/- as compensation to the complainant and Rs.15,000/- as litigation expenses as he has been struggling for justice since 2007 to 2014 unnecessarily.

        The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

Pronounced in open Court on 09.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER