Chandigarh District Commission Holds Vistara Airlines Liable For Denying Boarding Based On Absence Of Documentation Not Informed To Passengers

Brief Facts:

The Complainants planned a visit to the United Kingdom from India to see their family and intended to return to India. They approached Seven Continent Travels to purchase air tickets, who quoted a total fare of Rs. 1,36,000/- for round-trip tickets. The Complainants paid this amount in cash and subsequently travelled from Delhi to London on Vistara Airlines. According to their return schedule, they were supposed to fly back to India on March 4, 2022, for which they already bought tickets. However, upon attempting to board their return flight, they were denied boarding by the airline without any clear reason. Despite contacting higher authorities, they received no assistance which forced them to extend their stay in London, incurring an additional Rs. 60,000/- in accommodation costs. Ultimately, they had to purchase new tickets for Rs. 76,000/- to return to India. They requested a refund from the airline for the original return tickets, but their request was denied. Feeling aggrieved, the Complainants filed a consumer complaint in the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (“District Commission”) against the airline and Seven Continent Travels.

The airline contested the complaint and argued that the Complainants were denied boarding because they failed to submit a self-declaration form and other required documents on the Air Suvidha Portal, as mandated by the Government of India's Ministry of Health and Family Welfare guidelines for international arrivals. It argued that it is obligated to adhere to government regulations, especially those ensuring public safety during the COVID-19 pandemic.

Seven Continent Travels argued that it fulfilled its role by selling the tickets and receiving the payment. It argued that it issued the tickets after verifying that the Complainants had all necessary travel documents, such as passports, COVID certificates, and UID cards, and forwarded copies of these documents to the airline. Consequently, it claimed it was not liable for the actions taken by the airline.

Observations by the District Commission:

The District Commission noted that the Complainants possessed valid tickets for travel from the UK to India. It held that the issued confirmed tickets for the Complainants' travel from the UK to India didn't indicate any requirement related to the self-declaration form and the Air Suvidha Portal. Furthermore, the airline did not present any evidence of having communicated the necessity of these documents to the Complainants via message or email. The District Commission held that once the Complainants had valid tickets, preventing them from boarding the plane constituted an unfair trade practice and demonstrated a deficiency in service on the part of the airline.

Therefore, the District Commission directed the airline to pay Rs. 76,000/- to the Complainants, which represented the cost of the tickets they had to purchase to travel from the UK to India. Additionally, the airline was ordered to pay Rs. 10,000/- as compensation for the mental agony and harassment caused to the Complainants, and another Rs. 10,000/- as costs of litigation.

The complaint against Seven Continent Travels was dismissed.

Case Title: Karnail Singh and Anr. vs the Vistara-TATA SIA Airlines Limited and Ors.

Case Number: CC/598/2022

Advocate for the Petitioner: G.L. Bajaj

Advocate for the Respondent: Arjun Kundra

Date of Decision: 17.05.2024