Travel agency ordered to refund Rs 2 lakh after student stopped from boarding Canada-bound flight
The complainant alleged that when his daughter reached Delhi airport to board the flight, she was denied boarding on the ground that her booking had not been confirmed.
The complainant claimed that despite repeated requests, his daughter was denied boarding. (Image generated using AI) The District Consumer Disputes Redressal Commission, Faridkot, has directed a travel agency to refund Rs 2.05 lakh and pay Rs 20,000 as compensation to a man whose daughter was denied boarding on a flight to Canada despite having paid for the tickets.
A bench of president Rakesh Kumar Singla and member Param Pal Kaur held the complainant entitled to compensation on the ground that he had to undergo huge harassment and mental agony.
“On the other hand, OP-2 (travel agency) despite having sufficient notice of present complaint, preferred to remain ex parte and even did not bother to resolve the issue,” the bench noted in its order dated June 3.
Boarding denied
- According to the complainant, his daughter had secured admission to a college in Vancouver, Canada, for the September 2021 intake.
- To facilitate her travel, he purchased an airline ticket for Rs 2.05 lakh through a travel service provider (opposite party 1), which in turn booked the ticket through the travel agency concerned for travel from New Delhi to Toronto via Muscat and Frankfurt.
- The complainant alleged that when his daughter reached Delhi airport on August 22, 2021, expecting to board the flight, airline officials refused to allow her to travel, stating that her booking had not been confirmed.
- He claimed that despite repeated requests, his daughter was denied boarding.
- After all efforts went in vain, the family arranged an alternative ticket through another airline at a cost of Rs 3 lakh and sent her to Canada on September 1, 2021.
- The complainant subsequently sought a refund of the original ticket amount, but the money was not returned.
- The complainant approached the commission seeking a refund and compensation for harassment and mental agony suffered by him, besides expenses for litigation.
- Despite notice, no one appeared on behalf of the travel agency either in person or through counsel to contest the allegations of the complainant; therefore, the commission proceeded ex parte against the agency.
- The travel service provider through whom the ticket was purchased denied all the allegations of the complainant being wrong.
- It admitted booking the ticket and receiving the fare, but maintained that it had applied for a refund from the travel agency and the airlines.
- The airlines argued that the booking had been cancelled because it allegedly violated COVID-era DGCA restrictions and air bubble arrangements, and claimed that the travel agents had failed to act on remarks entered in the reservation system.
‘Huge harassment’
The commission noted that the complainant had produced sufficient evidence to establish the booking and payment.
“Complainant has placed on record sufficient and cogent evidence to prove his pleadings and all documents placed on record by complainant are substantive and fully authentic and we do not find any reason to ignore these documents,” it observed.
It also observed that the travel agency, which received notice of the proceedings, chose to remain ex parte and did not contest the allegations.
The commission observed that there was no doubt that the complainant purchased said ticket from the travel service provider, which booked it through the travel agency concerned.
It also noted the submissions of the travel service provider, which had submitted that despite applying for a refund, the travel agency or the airlines did not take any steps to refund the amount.
The commission partly allowed the complaint and directed the travel agency to refund Rs 2.05 lakh with interest at 9 per cent per annum from the date of receipt of the order.
It also awarded Rs 20,000 as compensation for mental agony and harassment and Rs 20,000 towards litigation costs.
“As complainant has suffered huge harassment and mental agony, therefore, he is entitled for compensation. Accordingly, OP-2 is further directed to pay Rs 20,000 to the complainant as compensation for harassment and mental agony suffered by him besides Rs 20,000 as expenditure incurred by him on present litigation,” the commission ordered.
Woman denied boarding awarded Rs 3 lakh
In another case, the district consumer disputes redressal commission, Perambalur, directed Air India Express to pay Rs 3 lakh in compensation to a young woman after finding that she was wrongly denied boarding on a flight to Kuwait despite holding a valid visa.
A bench comprising president D Jawahar and members P Thilaka and M Muthukumaran observed that the denial of a boarding pass was not only an infringement of her right as a consumer but also an infringement of her fundamental right to travel.
“Complainant and her family members were put to intense mental agony due to deficiencies in service committed by the opposite party and this Commission deem it fit to award a sum of Rs 3,00,000 as compensation for mental agony, considering the enormity of the deficiency in service and the resultant intense mental trauma underwent by her and her family members,” the commission noted in its order dated May 21.
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