SMT. RAVI SUSHA: PRESIDENT
Complainant filed this complaint U/s 35 of Consumer Protection Act 2019 against opposite parties for getting an order directing opposite parties to pay an amount of Rs.12,38,000/- towards compensation together with cost.
The facts in brief are that the complainant was working as a driver cum delivery sales man at Maxon Limoiusine Doha, Qutar for the last 37 years. On 14th November 2019, complainant came to India for his leave. He was having valid visa to return to Qatar. Unfortunately due to pandemic Covid -19 there was travel ban and nobody permitted to go to Qatar. So complainant’s visa was expired and he was constrained to remain India. Complainant booked ticket to Indigo Airlines through OP No.3 in flight No. 6E-1715 on 3rd August 2021 by paying an amount of Rs.26,000/-. PNR No. of the ticket was PNR NFBN6L. As per the schedule, the flight will leave from Kannur Airport at 6.15 AM on 03/08/2021 as per the rules required at that time he had booked for quarantine stay by paying Rs.71,000/- through the travel agency by name Star of Asia at Kannur. Complainant entered inside the airport before 4 hours from the time of departure of the flight and show the flight ticket, entry permit, passport, quarantine booking certificate, SARS Cov-2 RTPCR test report issued on 01/08/2021 to 2nd OP showing that his result is negative and the vaccination certificate showing that the complainant had taken two vaccines of Covishield. The employee of OP No.1 engaged at the counter of Indigo verified all the documents of complainant and said that the computer system maintained by Indigo does not show the entry pass issued to complainant by the Govt. of Qatar. So they denied the boarding pass to complainant. All the attempt made by the complainant to convince the OP that the entry permit given was genuine but OP did not issue boarding pass to the complainant to travel from Kannur to Qatar. So complainant returned from the air port. When their staff checked QID they found that the complainant’s QID was cancelled and as per the guidelines introduced they cannot permit a person having cancelled QID to travel. So they denied the boarding pass to the complainant. They also stated that the staff of their aviation offered re accommodation to the complainant on the next available Indigo flight to Doha. However the complainant rejected the said offer. If complainant is having valid entry pass or visa he can continue his work at Qatar at least for a period of 10 years. If once the visa or entry pass is cancelled and he had crossed the age of 60 years, complainant will not get new visa. The visa will be renewed only if complainant is making an application within its validity period. Irresponsible act of the Ops had caused huge damages to complainant which even disqualifies OPs from operating passenger flight. Complainant alleged that to the information by complainant, the OPs have allowed some other passenger to travel from Calicut to Qatar in the same set allotted to complainant by receiving huge amount as ticket fair. The complainant has sent a lawyer notice dated 04/08/2021 to the OPs and the same was received on 11/08/2021 for which a reply was sent by the 2nd OP on 27/08/2021 through his lawyer. But not redressed the grievance of complainant. Hence the complaint.
After receiving notices, OPs 1 and 2 filed joint version and OP No.3 filed separate version. While pending of the case complaint has taken steps to implead as additional 4th OP. After receiving notice OP 4 remained absent and has not contest the case. Hence OP4 was made ex-parte and proceeded the case.
OP 1 and 2 filed version stating that the complainant and the accompanying passengers were booked under a group booking for travel from Kannur to Doha on board Indigo Flight No.6E-1715 (“Indigo Flight”), scheduled for departure from Kannur Airport at 0620 hours on 03/08/2021. The said booking was made through a third party travel agent namely, Alhind Travel Portal LLP (“Al Hind Travel”) and was confirmed on the receipt of INR 1,83,730/- under PNR No.NFBN6L. That on the date of travel ie 03/08/2021, the complainant arrived at the check – in counter of InterGlobe Aviation Ltd. at Kannur Airport where in during the check-in procedure, the staff of InterGlobe Aviation Ltd learnt that the Complainant is a Permanent Residency (“QID”) Holder o Qatar. Accordingly, as per the mandatory travel requirements of Qatar government, the staff requested the complainant to show a valid QID for the purpose of verification and checking the validity of the same and which was also a pre-requisite for the complainant to board the IndiGo Flight. Upon being requested, the complainant provided the QID to the staff however, when the staff checked the validity of the same on the official website of the Qatar Government the status of the QUID of the Complainant was “cancelled”. The staff of InterGlobe Aviation Ltd. informed the complainant whether the complainant has an ‘Exceptional Entry permit’ (“EEP”), or not. As per the travel guidelines of Qatar Govt., only customers who have lost their QID or it is expired can be permitted to travel on the basis of a valid EEP. Due to this reason the staff of InterGlobe Aviation Ltd. was constrained to deny boarding to the complainant on board the IndiGo Flight and treat the booking of the complainant as “Counter No Show” as per the binding terms of the IndiGo CoC. It is further submitted that the complainant was fully aware regarding the information on the travel documents required for travel to Qatar, specifically a valid QID required by the passengers who are travelling on the basis of the same to Qatar. The negligence and default on the part of complainant itself by failing to produce valid travel documents as mandated by the Qatar Govt. and as a result. Missing the IndiGo Flight, the staff of InterGlobe Aviation Ltd. at the check-in counter of Kannur Airport offered re accommodation to the complainant on the next available IndiGo Flight to Doha. However, the said offer was refused by the complainant for the reasons best known to him. It is pertinent to submit that the complainant is a permanent resident of Qatar, therefore, it was the sole responsibility of the complainant to be aware of the travel documents and other formalities required for travelling back to Qatar. Further, submitted that as the complainant’s QUID or RP stood cancelled at the relevant time, the complainant was not permitted to board the IndiGo Flight. It is submitted that in the event of passenger being declared as “Counter No Show”, InterGlobe Aviation Ltd. is entitled ot forfeit the entire booking amount except for the No Show taxes. Accordingly, InterGlobe Aviation Ltd. refunded the No Show taxes amounting to INR 2,441/- towards the booking of the complainant to the same account from which the booking amount was received ie, the account of Al Hind Travel, on 02/12/2021. In view thereof, InterGlobe Aviation Ltd has discharged all its obligations as per the binding terms of Indigo CoC and the law governing the airline industry. IndiGo recommends that customers report for check-in at least 3 hours prior t the departure of the scheduled flight. The customer’s journey will be smoother if they allow themselves ample time to comply with the check-in timelines. IndiGo reserves the right to cancel a customer’s reservation if he/she does not comply with the check-in timelines. Check-in closes I hour and fifteen (15) minutes prior to the scheduled departure of the flight. Further failure to complete the check in formalities within the stipulated time limit would result in forfeiture of the booking amount. The booking would be declared a “No Show” and the customer would not be entitled to a refund or a credit shell. The complainant was obligated to report at the check-in counter at least 75 minutes prior to the scheduled departure time of the IndiGo Flight along with all necessary and valid travel documents as mandated by the govt. of the destination country. Thus, the complainant was obligated to report at the check-in counter on or before 0505 hour with necessary and valid travel documents ie. valid QID in this case. In view thereof, solely on account of the complainant’s own negligence and default in failing to report at the check in counter with mandatory travel documents within the mandated check-in timelines, the staff of InterGlobe Aviation Ltd. was constrained to declare the complainant as ‘Counter No Show’. InterGlobe Aviation Ltd. not received any alleged notices sent by the complainant’s, as alleged. It is submitted that InterGlobae Aviation Ltd. has only received a legal notice dated 04/08/2021 from the complaintn. Since, no PNR Number was mentioned in the legal notice, InterGlobe Aviation Ltd was unable to verify the booking of the complainant therefore, InterGlobe Aviation Ltd sent a holding response dated 27/058/2021, requesting the complainant to provide the PNR NO. for his alleged booking with InterGlobe Aviation Ltd. However, the complainant failed to send any response to InterGlobe Aviation Ltd.’s response. It is submitted that there is no deficiency of service or unfair trade practice as alleged or at all by InterGolbe Aviation Ltd. as defined under the 2019 Act. Hence, prayed to dismiss the complaint.
OP3 filed version stating that the complainant had approached the answering OP to travel from Kannur to Doha, Qatar. On 26th July 2021, the answering OP booked the seat to travel on 3rd August from Kannur to Doha, Qatar on Indigo Airlines flight number 6E1715 for the complainant, Abdul Salam Mohammed and the complainant paid Rs.26,000/- towards the price of the booked ticket. On 30th July 2021 the answering OPO issued the air ticket with confirmed seat with PNR, NFBN6L to travel on 3rd August 2021 from Kannur to Doha, Qatar on Indigo Airlines 6E 1715 to depart at 06:20am. There has been no deficiency of service on the part of this OP and allegation made in the complaint are not tenable under law and not liable to pay any relief as prayed by the complainant. Hence, prayed for dismissal of complaint against OP3.
At the evidence time, complainant has filed proof affidavit and documents. He has been examined as Pw1 and marked Ext.A1 to A6. Senior legal counsel of OPs 1 and 2 filed his proof affidavit and was examined as Dw1. Ext.B1 to B13 were marked on the side of OPs 1 and 2.
After that the learned counsels of complainant and OPs 1 and 2 filed their written argument notes.
Complainant alleged that the complainant booked ticket to Indigo Airlines through OP No.3 in flight No. 6E-171504 on 3rd August 2021 by paying an amount of Rs.26,000/-. PNR No. of the ticket was PNR NFBN6L. As per the schedule, the flight will leave from Kannur Airport at 6.15 AM on 03/08/2021. As per the rules required at that time he had booked for quarantine stay by paying Rs.71,000/- through the travel agency by name Star of Asia at Kannur. Complainant entered inside the airport before 4 hours from the time of departure of the flight and show the flight ticket, entry permit, passport, quarantine booking certificate, SARS Cov-2 RTPCR test report issued on 01/08/2021 to 2nd OP showing that his result is negative and the vaccination certificate showing that the complainant had taken two vaccines of Covishield. The employee of OP No.1 engaged at the counter of Indigo verified all the documents of complainant and said that the computer system maintained by Indigo does not show the entry pass issued to complainant by the Govt. of Qatar. So they denied the boarding pass to complainant. All the attempt made by the complainant to convince the OP that the entry permit given was genuine but OP did not issue boarding pass to the complainant to travel from Kannur to Qatar. So complainant returned from the air port. When their staff checked QID they found that the complainant’s QID was cancelled and as per the guidelines introduced they cannot permit a person having cancelled QID to travel. So they denied the boarding pass to the complainant. They also stated that the staff of their aviation offered re accommodation to the complainant on the next available Indigo flight to Doha. However the complainant rejected the said offer and it was the sole responsibility of the complainant to be available of the travel document and other requirements.
Complainant’s learned counsel submitted that since OPs 1 and 2 didn’t make any cross examination of Pw1, the averments of Pw1 were unchallenged and the same has to be accepted as such.
Here, on perusal of the contention of OPs 1 and 2, we can see that according to OP, all customers must ensure that they have valid travel documents as required by the laws of the country of destination and failure to complete the check in formalities within the stipulated time limit would result in forfeiture of the booking amount. Further stated that the booking would be declared a “No show” and the customer would not be entitled to a refund. The learned counsel of OPs 1 and 2 submitted that complainant had submitted all the necessary documents required to travel to Qatar with the entry permit issued by the government of Qatar. Ext.A6 Govt. entry permit from Qatar, clearly shows in permit details portion that the permit holders name is Abdul Salam Mohammed, complainant herein, RP number and employer Maxon Limounsine, Employer of complainant as stated by complainant. Further pass port details clearly shows passport expiry 20/10/2024 and RP entry 26/05/2020. Further permit number No.5788705 and the permit validity 05/08/2021. It is also can be seen in Ext.A6 that the permit is valid on condition that the above requirements are adhered to @ hard copy of the permit and signed Quarantine undertaking. Further for workers category permit holders quarantine period o f 14 days. Here OPs 1 and 2 admit that the complainants booking was confirmed on the receipt of INR 1, 83730/ under PNR No. : NFBN6L and the date of travel scheduled was on 03/08/2021, at 6.15 AM from KIannur to Qatar in Flight No. 6E-1715. Further OPs 1 and 2 have no case that the complainant had not booked for quarantine stay at Qatar. Hence it is evident that complainant had booked for quarantine stay by paying Rs.71,000/- through the travel agency by name star of Asia at Kannur. Thus the quarantine requirements as stated in Ext.A6 is also complied by the complainant. Complainant alleged that the complainant reached at the Kannur Airport at 1 AM. As the counter of OP No.1 will be opened only before 4 hours of the departure of the flight, complainant entered in to the airport at 2.15 AM and he showed all his travel papers to the concerned officer at the entrance. They checked the papers of complainant and affixed a seal of health clearance at the ticket of complainant. There after another officer affixed another seal stating that complainant and entered inside the airport before 4 hours.
On the other hand OPs 1 and 2 strongly contended that on account of the complaint’s own negligence and default in failing to report at the check in counter with mandatory travel documents within the mandated check –in timelines, the staff of Inter Globe Aviation Ltd. was constrained to declare the complainant as ‘counter no show’ as per the governing rules of Indigo company which is a binding agreement between the complainant and the Inter Globe Aviation Ltd. Here from the side of OPs 1 and 2, the legal counsel of OPs 1 and 2 was examined as Dw1 and marked 13 documents from their side. All documents produced were only photocopier, which were objected by the learned counsel of complainant. Moreover the witness of OPs 1 and 2 (DW1) deposed that he has not contacted and consult the concerned officers at Air port, Kannur and the version was prepared and signed by his former authorized representative OPs 1 and 2. Hence it is clear that he has no direct connection with this case. It is to be noted that OPs 1 and 2 have not tried to produce the original of the relevant documents from the Air port Kannur or from their office at Kannur as the documents Ext.B1 to B13 were marked with objection. Moreover, since Dw1 has no direct knowledge of the incident of present case, ie arrival of the complainant and the details documents shown at the entry of Airport, OPs 1 and 2 should have examined one of the staff of them from Air port Kannur. Without producing the original records and without examining their staff, evidence tendered by Dw1 alone is not sufficient to substantiate their contentions in the version. More over Pw1, the complainant has not been subject to cross-examination by OPs 1 and 2. Further OPs 1 and 2 failed to produce documents to show the time at which the complainant entered inside the airport and also failed to produce the document to show the reason for declaring ‘No show’. From the contention OPs 1 and 2 that check in counter of Kannur Airport offered complainant the facility of recommendation on the next available Indigo flight to Doha, evident that though the visa of complainant was expired, Ext.A6 entry pass is sufficient to the complainant to go to Qatar. Then denial of complainant to travel to Quarter on 03/08/2021, in the flight No. 6E-171504, despite his entry pass has validity till 05/08/2021, amounts to clear deficiency of service on the part of OPs 1 and 2. Here OPs 1 and 2 miserably failed to prove their contention about why they issued “counter No show” through documents and witness. We are of the view that there is no deficiency of service on the part of OPs 3 and 4.
In the result complaint is allowed in part. Hence complainant failed to prove his income as a driver from the company Mazon Limousine. But there is no doubt that he has lost his job at the company. Considering the facts and circumstances of this case opposite parties 1 and 2 are directed to pay a) Rs.26,000+ Rs.71,000 with interest 7% per annum from 03/08/2021 till realization, b) together with Rs.1,00,000/- towards compensation. Opposite parties 1 and 2 are jointly and severally liable to pay the awarded amount within one month from the date of receipt of the order. Failing which a+b carries interest at 9% per annum from 03/08/2021 till realization. Complainant is at liberty to execute the order as per provision in Consumer Protection Act 2019.
Exts.
A1- Lawyer notice dated 04/08/2021
A2- Acknowledgment card
A3- Reply notice
A4- Lawyer notice dated 02/09/2021
A5- Ticket from indigo Airlines
A6- Govt. entry permit from Qatar
B1- Letter of Authorization
B2- True copy of certificate of Incorporation of Inter Globe Aviation
B3- Complete copy of the complaint
B4- True copy of Indigo CoC
B5- Screenshot of official record of InterGlobe Aviation limited of the booking made under PNR No.-NFBN6L
B6- True copy of the screenshot showing the status of QID of the complainant as cancelled.
B7- Official website of interGlobe Aviation Ltd. (Guidelines for International Travel V66.0)
B8- Screenshot of Counter No. show was failure to provide a valid QID.
B9- Screenshot of Counter No. show under PNR No.-NFBN6L dated 03/08/2021
B10- Mandatory travel requirements of Qatar.
B11- True copy of e-mail dated 25/11/2021
B12- True copy e-mail dated 07/08/2021
B13- Screenshot of official record of interGlobe Aviation Ltd. refund of INR2442 to account of Al Hind Travel dated 02/12/2021
Pw1-Complainant
Dw1- Witness of OP 1 & 2
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
