The complainant Jagsir Singh Jawandha (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against Ukraine International Airlines (here-in-after referred to as opposite party).
Briefly the facts of the complaint as pleaded by the complainant are that his wedding anniversary falls on 8.2.2021. In order to celebrate this occasion with his family, he planned a trip to Ukraine. He alongwith his family used to celebrate his wedding anniversary every year at a new tourist location from the last ten years in India and abroad. Last time, they celebrated their wedding anniversary in Dubai (U.A.E).
It is alleged that the complainant was travelling with his wife and two children from Delhi to Ukraine via a connecting flight from Dubai PS374 on 5.2.2021. He made online check-in and it was conveyed to him through e-mail that 'if you are travelling with hand luggage only, please, present your passport and printed boarding pass or mobile boarding pass on the security and passport controls and go to the boarding'. All the required formalities were fulfilled by him and he was having all the supporting documents ready with him.
It is further alleged that it was really a great shock, embarrassment, mental pain and agony for the complainant when on 5.2.2021 Ukraine International Airlines representative arbitrarily and illegally denied the complainant and his family to board the flight from UAE to Ukraine. Despite repeated requests, no oral or written explanation was provided to the complainant by Ukraine International Airline's representative. Even after this, he proceeded this matter with authorized representatives of Ukraine International Airlines through e-mail correspondence and official Twitter Account. Instead of accepting their fault and negligence in service and compensating the complainant for the financial loss, embarrassment, mental pain and agony through which he and his family have to go through Ukraine International Airline's representative went to the extent of frivolous excuses and blatant lies. Following is an example of irresponsible conduct on the part of Ukraine International Airlines:
“Twitter message on March 02, 2021 from CAA Airline "As 1 understood, when flying from UAE to a country of non-residency (Ukraine, in your case), you must have either UAE visa or tickets from Dubai to the country of residency. This is required for cases of potential deportation from Ukraine, so that you may enter again to fly home. If UAE Visa is not present in theory you would have to stay in UAE's transit zone unlimitedly, which. is unwanted by the UAE's authorities. This is the reason why UIA representatives ask for UAE visa or tickets from Dubai. UIA representatives say that you did not provide UAE visa or tickets back home when requested, which is why the offer to purchase the tickets was made, however you disagreed with this and thus were denied the boarding."
It is alleged that the complainant and his family were being arbitrarily and illegally denied boarding the flight. The following documents were in his possession and were shown to the representative of Ukraine International Airlines:
a) Air India- boarding pass, from Delhi to Dubai on February 04, 2021 (booking reference HEZGQ)
b) Covid-19 RT PCR 'negative test report.
c) Ukraine E-Visa (E-Visa No. EV65567, EV65897, EV66031, EV66036)
d) Onward ticket from Dubai to Ukraine on 05 February 2021 (PNR Locator: JKMLHS)
e) Return ticket from Ukraine to Dubai on 11 February 2021 (PNR Locator: JKMLHS)
f) Confirmed Eco Loft Studios apartment booking (Confirmation number: 2475.527.773)
g) Travel insurance policy inclusive insurance of Covid-19. (2718863)
h) Reliance- travel care policy (Number 920222128180000292)
i) Leave approval letter from employer.
j) Account Statement of last 06 months.
k) Cash Money- US Dollar $ 915.
l) UAE E-Visa (Entry permit No.204/2021/87186238, 87186258, 87186259, 87186254)
m) Return ticket from Dubai to India on 14 February 2021 (Booking; rer no.: HEZGT)
n) UIA — Boarding Pass
It is further alleged that due to act of opposite party, the complainant and his family have suffered a huge financial loss, great shock, embarrassment, mental pain and agony. The complainant has also got served a notice dated 8.3.2021 to opposite party, but to no effect.
On this backdrop of facts, the complainant has prayed for directions to opposite party to pay compensation of Rs.2,50,000/- towards finantial loss and Rs.4 lakhs towards mental pain, agony, harassment and embarrassment and Rs.1 lakh as litigation expenses.
Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it.
In ex-parte evidence, the complainant has tendered into evidence documents (Ex.C-1 to Ex.C-45) and closed the evidence.
We have heard learned counsel for the complainant and gone through the record.
Counsel for complainant has argued that the wedding anniversary of the complainant falls on 8.2.2021 and to celebrate this occasion, he planned a trip to Ukraine. He has been celebrating his wedding anniversary every year at new tourist location from the last ten years in India and abroad. Last time, he celebrated the wedding anniversary in Dubai (U.A.E).
It is further argued that the complainant was travelling with his wife and two children from Delhi to Ukraine via a connecting flight from Dubai PS374 on 5.2.2021. He made online check-in and he had fulfilled all the formalities and he was in possession of all the documents ready with him.
It is further argued that on 5.2.2021, representative of opposite party arbitrarily and illegally declined boarding of the flight from UAE to Ukraine and when the complainant proceeded this matter with authorized representatives of opposite party then instead of accepting their fault, opposite party took false and frivolous excuse through e-mail to the effect that “Twitter message on March 02, 2021 from CAA Airline As 1 understood, when flying from UAE to a country of non-residency (Ukraine, in your case), you must have either UAE visa or tickets from Dubai to the country of residency. This is required for cases of potential deportation from Ukraine, so that you may enter again to fly home. If UAE Visa is not present in theory you would have to stay in UAE's transit zone unlimitedly, which. is unwanted by the UAE's authorities. This is the reason why UIA representatives ask for UAE visa or tickets from Dubai. UIA representatives say that you did not provide UAE visa or tickets back home when requested, which is why the offer to purchase the tickets was made, however you disagreed with this and thus were denied the boarding."
It is further argued that said reply given by opposite party was totally false and without any base as the complainant was in possession of all the documents ready with him at the time of boarding and were shown to the representative of opposite party.
It is further argued that the complainant had even got served a legal notice to opposite party, but it has refused to accede his request.
It is further argued that act and conduct of opposite party amounts to deficiency in services for which the complainant is entitled to receive compensation from opposite party.
We have given careful consideration to these submissions.
It is admitted fact that the complainant and his family members were having confirmed tickets with opposite party airlines for their journey from Dubai to Kyiv. Copies of said tickets are Ex.C13 to Ex.C16 and complainant was having booking in Ukraine from 5.2.2021 to 11.2.2021 as per Ex.C17.
It is further noticed that family of the complainant was having valid tourist Visa, (Ex.C9 to Ex.C12). It is further noticed that the complainant was also having cash amount in dollars, copies of which are Ex.C23 to Ex.C26. However, opposite party declined the boarding from Dubai and as per reply to e-mail, (Ex.C42), it is case of opposite party that the complainant must be in possession of either U.A.E Visa or tickets from Dubai to the country of residency.
However, this Commission is of the view that the complainant was having valid Visa of U.A.E valid from 24.1.2021 to 24.3.2021, which is Ex.C27 to Ex.C30, meaning thereby that the reason given by opposite party for declining the boarding is totally false and said act of opposite party of having declined boarding to the complainant inspite-of having all the valid travelling documents amounts to business mal-practice and deficiency in services and since the complainant and his family have suffered on account of illegal act on the part of opposite party and their celebration of wedding anniversary was also spoiled by opposite party for none of their fault, as such, this Commission is of the view that the complainant is definitely entitled to receive compensation from opposite party.
Accordingly, the complaint is partly allowed and complainant is held entitled to consolidated amount of Rs.3,50,000/- as financial loss and compensation towards mental pain, agony, harassment and cost of litigation alongwith interest @ 9% per annum w.e.f. 5.2.2021 till realization.
The compliance of this order be made within 45 days from the date of receipt of copy of this order.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.
Announced :
14-06-2023
(Lalit Mohan Dogra)
President
(Shivdev Singh)
Member
