Sunday, December 2, 2012

Have you ever been denied to board the flight despite confirmed booking?

Denied boarding despite confirmed ticket entitles compensation not only for the monetary loss or injury suffered by the complainant but also for injustice suffered by the consumer
District Consumer Disputes Redressal Forum-I, UT Chandigarh (for short the ‘District Forum’) in complaint case No. 603 of 2010 of Lata Sikri vs. Kingfisher Airlines for deficiency in service on the part of the petitioner-Airlines in not issuing the boarding pass to her on a Delhi-Hyderabad flight for which the complainant held confirmed / OK ticket partly allowed the complaint of the complainant with the following directions:

 “From the above detailed analysis of the entire case, we are of the considered opinion that the complaint must succeed.  So, we accept the complaint and decide the same in favour of the complainant and against the Ops.  The Ops are directed to issue a complementary return ticket to the complainant (as agreed), on any domestic flights operated by them.  Ops are further directed to pay Rs. 30,000/- to the complainant, jointly and severally, towards compensation for physical harassment, as well as mental agony caused to her, along with Rs. 10,000/-  as costs of litigation.  This order be complied with by the Ops, which one month, from the date of receipt of its copy, failing which, they shall pay the awarded amount along with penal interest @ 12% per annum from the date of filing of present complaint i.e. 04.10.2010, till the date of realization, apart from cost of litigation i.e. Rs. 10,000/-.”
“The main deficiency alleged by the complainant was that despite she having confirmed/OK ticket for a flight No. IT-802 scheduled to leave Delhi at 0925 hours and arrive at Hyderabad at 1135 hours, she was denied the boarding pass although other male member of the group were accommodated in the said flight.  After several hours, she was put on the flight of another Airlines viz. Spice Jet, which left Delhi around 1530 hours and reached Hyderabad late in the evening, as a result of which she could reach the ultimate destination Bihar on the following day at about 130 hours.  She being a woman remained apprehensive throughout the journey on flight as well as by road which caused her great mental torture and physical harassment.  It would appear that once the grievance was brought to the notice of the petitioner-Airlines, they as an act of remorse/goodwill gesture, offered her complementary return ticket on any domestic flight, which she declined  to accept and then filed the complaint.  The complaint was resisted by the petitioner-Airlines not disputing the above facts but they claim that there was no deficiency in service on their part and explained that complainant was denied boarding pass for the scheduled flight on the ground of over-booking of the flight.”
State Consumer Dispute Redressal Commission, Union Territory Chandigarh in First Appeal No. 293 of 2011, Kingfisher Airlines Ltd.  Upheld the award given by District Consumer Disputes Redressal Forum. Kingfisher Airlines Limited preferred REVISION PETITION NO. 27 OF 2012 before National Consumer Disputes Redressal Commission. National Commission in their judgment on 11th October 2012 dismissed the revision petition and stated that:
 The word ‘compensation’ is again of very wide connotation.  It has not been defined in the Act.  According to dictionary it means, ‘compensating or being compensated; thing given as recompense;.  In legal sense it may constitute actual loss or expected loss and may extend to physical, mental or even emotional suffering, insult or injury or loss.  Therefore, when the Commission has been vested with the jurisdiction to award value of goods or service and compensation it has to be construed widely enabling the Commission to determine compensation for any loss or damage suffered by a consumer which in law is otherwise included in wide meaning of compensation.  The provision in our opinion enables a consumer to claim and empowers the Commission to redress any injustice done to him.  The Commission or the Forum in the Act is thus entitled to award not only value of the goods or services but also compensate a consumer for injustice suffered by him.”
From the above, it is evident that the consumer fora are well within its rights to award compensation not only for the monetary loss or injury suffered by the complainant but also for injustice suffered by the consumer.  In the case in hand, going by the entirety of the facts and circumstances, we find that the fora below have done no wrong in awarding a compensation of Rs. 30,000/- to the respondent-complainant for the mental agony and harassment faced by her, besides, the return domestic ticket, which was offered by the petitioner-Airlines itself to the complainant in the very beginning

1 comment:

  1. The Qatar Airline not Listening Our Complain.Do Justice With us.Cause
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    Lie..i wrote Hole Detail Please Read It Please.They Do not Solve Our
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    1 QR 605N 02APR 3 KHI DOH*RR6 0510 0545 / DCQR*2X4YJN /E
    2 QR 701N 02APR 3 DOH JFK*RR6 0815 1500 /DCQR*2X4YJN /E

    For Them. I Forward In This Email Send 3 Email To You. Qatar Airline
    To Me. And My Email To Qatar Airline. And US Embassy To Me Email

    (Qatar Airline Email To Me)

    QR Ref:G006521764

    Dear Mr. Masood,

    Thank you for your feedback which you recently submitted via our
    website and which was relating to your recent experience with us.

    Based on the investigation reports, it appears that Immigration
    officials could not allow you to travel to the United States and you
    were referred to contact the US embassy for assistance.

    Whilst we appreciate the inconvenience you have experienced, we seek
    your understanding that we are bound to abide by the strict
    internationally accepted immigration requirements of every country,
    and that our staff members were only carrying out their duties.

    Please allow us to share that as per our Conditions of Carriage, Qatar
    Airways cannot be held liable for immigration regulations; hence it
    would be beyond our scope of responsibilities to make an offer in
    respect of this as passengers are solely responsible for complying
    with all laws, regulations, orders, demands and travel requirements of
    countries to be flown.

    Thank you for this opportunity to clarify the matter.

    Respectfully yours,

    Ahmed Radhi
    Customer Care

    (My Email To Qatar Airline)
    From: masood khalid [mailto:[link removed]]
    Sent: Saturday, May 03, 2014 4:05 PM
    To: Doha Airport
    Subject: Inform Us That What Are Doing Whith Our Complain.

    which day me and my family going to America cause of Qatar Airline
    Our visa expired.We want that which day we go for travel for America
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    the which day we book ticket 26.03.2014 in Qatar airlines. In date of
    02.04.2014 We all are going to America the flight 605 KHI TO DOHA
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    us an email the Qatar airline security branch that the Qatar airlines
    stop us for travel for america. Only on my son Imran khan allowed to
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    he call to some lady and after call he tell us that my son imran also
    not allowed for travel. morning 03.04.2014 we contact to us embassy in
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    want Our Loss. our visas expire last date is 05.04.2014 cause of Qatar
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    ( US Embassy Email To Me)

    Prefix: Mr
    Surname: Masood
    Given_Name: Khalid
    You_are: The Petitioner
    Phone_Number: 0812663183
    Cell_Phone_Number: 03218003063
    From: Islamabad, No Reply
    Date: Fri, Apr 25, 2014 at 6:55 PM
    Subject: FW: Immigrant Visa Inquiries

    Dear Mr. Masood,
    We are very sorry to hear about your trouble with the airlines. We
    have no indication of why you were denied boarding. But we can see
    that your visas expired on April 5th.

    Immigrant Visa Unit
    U.S. Embassy Islamabad
    My Contact Number Of Pakistan +923018003063