Woman denied boarding on Kuwait-bound Air India Express, gets Rs 3 lakh compensation

Refused boarding

• The complainant, an optometry graduate whose parents are residents of Kuwait, had booked a ticket on a flight from Trichy to Kuwait on September 9, 2023, intending to travel on a dependent visa.
• However, when she arrived at the airport, airline officials refused to issue her a boarding pass on the grounds that her visa had expired.
• According to the complaint, the passenger repeatedly informed airline staff that her visa remained valid on the date of travel.
• Her father also intervened and attempted to explain the position, but the officials allegedly ignored their representations.
• Efforts to seek clarification from emigration authorities through email and helpline services also proved unsuccessful, leaving her stranded at the airport.
• The airline offered a sum of Rs 20,000 as compensation and a travel voucher worth Rs 10,000, but she was not satisfied with the amount offered and sent a legal notice.
• The airline defended its action by contending that, under Kuwaiti immigration rules, a foreign resident’s permit would lapse if the holder remained outside Kuwait for more than six consecutive months.
• It argued that the complainant had left Kuwait on March 11, 2023, and was scheduled to return on the 183rd day of her stay abroad, beyond the permissible six-month period.

‘Deficiency in service’

The commission examined documents issued by Kuwait’s ministry of interior and found that the complainant’s residency permit remained valid on September 9, 2023.

It noted that the records showed that the visa was cancelled only on September 12, 2023, three days after her scheduled travel date.

The commission observed that the denial of a boarding pass for an invalid reason is a definite deficiency in service on the part of the airlines.

“If the official had any doubts regarding the validity of the Visa then he or she should have contacted the concerned authority for clarification, but instead, they stood their ground and denied the boarding pass, without valid reason,” the commission remarked in its order.

The commission further pointed out that the airline had refunded a portion of the ticket cost on the very day boarding was denied, indicating that it was aware of the error.

“Even after coming to know that the mistake was on their part, the opposite party did not take any corrective action immediately but waited for the complainant to take further actions,” it added further.

The commission lamented that the complainant was left stranded in the airport, unable to fulfill her dreams and that she and her family were put to intense mental trauma for no fault on their part.

Observing that the complainant and her family members were put to intense mental agony due to deficiencies in service committed by the airlines, the commission awarded Rs 3 lakh as compensation for mental agony, considering the enormity of the deficiency in service and the resultant intense mental trauma undergone by her and her family members.

It further granted Rs 10,000 as costs to the complainant.