Case No.CC/185/2015

Date of Institution:-10.04.2015

Order Reserved on :-16.04.2024

           Date of Order :-09.05.2024      

IN THE MATTER OF:

Manmohan Kumar,

S/o Sh. Om Prakash Malik,

R/o 760, Sector-14, Hissar.

Through Sh. Om Prakash Malik

(Attorney Holder).

          …..Complainant

VERSUS

British Airways

DLF Plaza Tower, Ground Floor,

Phase-I, DLF Qutub Enclave,

Gurgaon – 122002.

Also at:

British Airways IGI Airport,

Terminal-2, Delhi – 110037.

..…Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The present complaint has been filed under section 12 of the Consumer Protection Act, 1986 against Opposite Party (in short OP) alleging deficiency of service.  Brief facts of the case are that the complainant has to travel from Houston, USA to Delhi, India.  The complainant has booked return ticket of Houston, USA to Delhi, India via London from the OP vide E-ticket bearing no. 1257434248300 dated 06.06.2014 for USD. 975.40.   The complainant had booked the ticket for Houston to Delhi via London for 04.09.2014 and the return ticket was for 27.09.2014. Copy of E-ticket is annexed as Annexure-C1. On 27.09.2014, the complainant reached IGI, Airport for the return journey. The complainant shocked to know from the British Airways officials that since the complainant’s permanent resident card has been expired, the complainant cannot travel in the flight of the OP.   The complainant had shown all his papers including the permanent resident card to the British Airways authority in USA & London and no objection was ever raised.  It is submitted that due to negligent act of the officials of OP, the petitioner had to suffer through humiliation. The complainant submitted that the OP has malafidely tried to show the permanent resident card has expired whereas its validity was extended as per the law and therefore the card was well within its validity periods. Copy of the permanent resident card is annexed as Annexure-C2.The complainant had to resume his work and he had to report on 29.09.2024 so he purchased buy back journey ticket from UAE Airlines at higher cost of Rs.68,770/- due to reckless act of the OP the job of the complainant was at stake. The complainant has contacted the OP to return his fare amount but the OP has not refunded the fare.  The complainant has sent a legal notice dated 01.11.2014 to the OP but no action was taken by the OP. Copy of legal notice dated 01.11.2014 is annexed as Annexure-C3.It is submitted that OP have miserably failed in performing its duty and responsibility towards the complainant and the behavior and conduct clearly constitutes deficient of service on the part of the OP.  The complainant has prayed for refund a sum of Rs.68,770/- (Rupees Sixty Eight Thousand Seven Hundred Seventy) alongwith Rs.17,00,000/- (Rupees Seventeen Lakh) towards mental agony and harassment and Rs.55,000/- (Rupees Fifty Five Thousand) for litigation charges.
2. Notice of complaint was served to OP. The OP has filed reply and taking several preliminary objections thatthe green card of the complainant issued by the US Authorities had expired and the same had been extended.  It is stated that the complainant was rightly prevented from travelling to London on the basis of extended green card in the absence of DATV/transit visa to travel through London. It is stated that while holders of a green card are exempt from the requirement of a transit visa, the exemption does not apply to holders of an expired green card which was the case of the complainant. It is stated that as per rules, a passenger is also required to carry a letter from the US Authorities, i.e. I-797, which confirms the extension of a green card.  It is only upon production of the extended/expired green card and Form I-797 that a passenger is entitled to claim exemption from the requirement of a U.K. transit visa.  The OP has filed printout from the website of the government of UK, listing various exemptions in respect of UK transit visa which establishes that a person holding an expired US green card (USA-I-551) is exempt only if the person also holds and presents a valid I-797 letter authorizing the extension of the green card.  Reliance is also placed on article 13 of the Conditions of Carriage by the OP.  The conditions of Carriage are readily available on the website of the OP and it is the duty of every passenger to acquaint himself with the conditions of carriage, the notice of which is duly contained on the e-ticket issued to the passengers. It is the duty of travellers to check the relevant entry requirements for any country you are visiting and present to us all passports, visas, health certificates and other travel documents which are required for your journey.
3. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
4. Both the parties have filed affidavit of evidence as well as written arguments in support of their respective case.
5. On 16.04.2024, the case was listed for arguments,we have heard arguments from OP and none was present on behalf of complainant.  The complainant was directed to address his oral arguments within next 15 days and thecase was reserved for order.
6. We have carefully considered the material on record and thoroughly perused the documents placed on record by the complainant.
7. It is the case of the complainant thathe had booked return ticket of Houston, USA to Delhi, India via London from the OP vide E-ticket bearing no. 1257434248300 dated 06.06.2014 for USD. 975.40.   The complainant had booked the ticket for Houston to Delhi via London for 04.09.2014 and the return ticket was for 27.09.2014. On 27.09.2014, the complainant reached IGI, Airport for the return journey. The complainant shocked to know from the British Airways officials that since the complainant’s permanent resident card has been expired, the complainant cannot travel in the flight of the OP.   The complainant had shown all his papers including the permanent resident card to the British Airways authority in USA & London and no objection was ever raised.  It is submitted that due to negligent act of the officials of the OP the petitioner had to suffer through humiliation. The complainant submitted that the OP has malafidely tried to show the permanent resident card as expired whereas its validity was extended as per the law and therefore the card was well within its validity periods. The complainant had to resume his work and he had to report on 29.09.2024 so he purchased buy back journey ticket from UAE Airlines at higher cost of Rs.68,770/- due to reckless act of the OP the job of the complainant was at stake. The complainant has contacted the OP to return his fare amount but the OP has not refunded his fare.  The complainant has sent a legal notice dated 01.11.2014 to the OP but no action was taken by the OP. It is submitted that OP have miserably failed in performing its duty and responsibility towards the complainant and the behavior and conduct clearly constitutes deficient of service on part of the OP.
8. The complainant states that the he was holding an extended green card and the green card was extended by the Government of USAwhen the original green card expires and new one has been applied for, as per rules, a passenger is also required to carry a letter from US Authorities i.e. Form I-797 which confirms the extension of green card.It is only upon production of the extended/expired green card and Form I-797 that a passenger is entitled to claim exemption from the requirement of a U.K. transit visa and the same fact was explained to the complainant by check-in staff at New Delhi.  The complainant was not permitted to travel Houston via London withouta transit visa for London, was in accordance with procedure as the complainant was in possession of an expired green card and has not produced form I-797 which confirm extension of green card by US Immigration Authorities.  The complainant has stated that he was not stoppedat Houston or London for not being possession of required DATV for transit through UK is no ground for the complainant not being required to produce all necessary documents while travelling from Delhi to Houston via London. 
9. The OP has stated that carrier airline in UK is subject to a fine of Pounds 2000 as per laws of UK (Section 40 of Immigration and Asylum Act, 1999)in case it brings into UK, foreigners without proper visa, and therefore, British Airways has every right to ensure that passengers requiring a visa but not holding one, are prevented from travelling.  The plea taken by the complainant are not justified and the complainant has not placed evidence to show that there was deficiency in service on part of the OP. Hence, the complaint is dismissed with no cost.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 09.05.2024.