Airways made couple to leave breastfeeding infant in India, Kerala family wins Rs 10 lakh

A Kerala Consumer Court held Qatar Airways guilty of deficiency in service for denying boarding to two children, including a breastfeeding infant, and awarded Rs 10 lakh compensation.

Qatar Airways airlines infant consumer courtThe couple were left with no option but to entrust their children including an infant of lactation to the care of their relatives in India and proceed on their return journey without him. (AI-generated image)

After Qatar Airways refused to let a couple’s two minor children, including a breastfeeding infant, board their return flight from India to Italy, the Ernakulam Consumer Dispute Redressal Commission, Kerala, held them liable for deficiency in service and unfair trade practice. It directed them to pay Rs 10 lakh in compensation for causing them severe mental agony and hardship, along with Rs 25,000 as litigation costs.

President D B Binu and members Ramachandran V and Sreevidhia T N observed that the parents were forced to leave their children behind in India and held that the complaint deserved to be allowed. 

“The complainant and his wife were left with no option but to entrust their children, including an infant of lactation, to the care of their relatives in India and proceed on their return journey without him. The mental agony, emotional trauma and untold hardship suffered by the parents were the direct and inevitable consequence of the wrongful conduct of the opposite party,” the July 14 order noted.

The complainant, who worked in Italy with his wife, booked Qatar Airways tickets for the family, including his wife and two minor children, to travel from Venice to Kochi via Doha for a family visit. After their travel documents were verified by the airline and they were issued boarding passes, the family travelled to India without any issues.

However, on December 3, 2018, during the return journey from Kochi, the airline allegedly made the family wait for over two-and-a-half hours before denying boarding to the elder child, stating that he did not hold an independent Italian visa. As the couple had to return to Italy for work, they were reportedly forced to leave him with the relatives in Kerala while the couple and the younger child boarded the flight.

After they reached Doha, the airline allegedly again stopped them from boarding the flight, saying that the younger child also lacked the required travel documents. Despite having already issued boarding passes, the family alleged that it was kept waiting for 10 hours before refusing to allow the infant to travel. The mother then travelled alone to Italy while the father returned to Kochi with the infant.

Later, the father arranged a separate visa for the elder child and brought him back to Italy, leaving the younger child in India with the relative until he could be taken back. He alleged that the airline’s action caused financial loss and severe mental agony to the family.

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Qatar Airways argued that the passengers are responsible for ensuring that they carry valid travel documents and visas required for their journey, including transit and final destination

‘Complaint allowed, Rs 10 lakh granted’

The commission observed that the parents, fearing they would lose their jobs, had no option but to leave their children, including a breastfeeding infant, with relatives in India and return without them. It held that the airline was guilty of deficiency in service and unfair trade practice for refusing to let the infant board the return flight despite accepting the same travel document earlier.

The commission directed Qatar Airways to pay Rs 10 lakh as compensation for the family’s mental agony and hardship, along with Rs 25,000 towards litigation costs. It ordered the airline to comply within 45 days, failing which the compensation would carry 9 per cent per annum from the date the complaint was filed till realisation.

Takeaway

The ruling underscores that an airline cannot accept a passenger’s travel documents for the onward journey and later deny the return journey on the same documents. Such conduct may amount to deficiency in service and an unfair trade practice.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance. 

Somya Panwar is a legal journalist at The Indian Express (Digital), where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

 

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