Hyderabad District Commission Holds Singapore Airlines Liable For Failure To Check Passenger's Vaccination Status Leading To Denial Of Entry

Brief Facts:

The Complainant planned a family holiday to Singapore for which he booked four business class tickets through Singapore Airlines using his travel agent 'Urban Trends', Hyderabad. On 09.06.2022, the Complainant and his family, including his wife and two children aged four years and eleven months, travelled to Singapore. At Chennai Airport, their COVID-19 Sputnik V vaccination certificates were accepted by the airline staff, and they were cleared for travel. However, upon arrival in Singapore, immigration officials objected to the Complainant's wife's Sputnik V vaccination and denied her entry, informing them that she must return to India as per the rules. Unable to leave his wife alone, especially with infant children, the Complainant decided the family would return to India together.

Upon their return, Singapore Immigration detained the Complainant and his family in the IP Detention Room at Singapore Airport without providing return tickets. Despite their cooperation and pleas, they were held for several hours. Singapore Airlines staff member informed them he would return with details of their travel plan, but no further information was provided. Consequently, the Complainant booked four return tickets to Hyderabad incurring additional costs. Despite informing Singapore Airlines of their new booking, they were later told the flight was overbooked and they would have to wait until the next day's flight. After repeated calls and pleas, the family was finally booked on a return flight to Mumbai. Upon arrival, their luggage, containing necessary food and medication, was missing. Their luggage was received only a few days later.

The Complainant raised the issue with Singapore Airlines. Singapore Airlines acknowledged their negligence but refused compensation. Later, the Complainant issued a legal notice demanding compensation for all trip-related expenses. Despite receiving the notices, the airline did not respond or comply. Feeling aggrieved, the Complainant filed a complaint in the District Consumer Disputes Redressal Commission–I, Hyderabad, Telangana (“District Commission”) against Singapore Airlines and the travel agent.

Singapore Airlines argued that the Complainant booked the tickets for 09.06.2022, and upon arrival in Singapore, immigration found the Sputnik V vaccine unrecognized due to lack of WHO approval. Singapore Airlines General Conditions of Carriage require passengers to check local laws and requirements, which the Complainant failed to do. It denied responsibility for checking each passenger's vaccine status and claimed it acted appropriately by tracing and returning the Complainant's baggage. It further stated that it was the Complainant's and his family's responsibility to familiarize themselves with travel guidelines during the pandemic.

The travel agent didn't appear before the District Commission for proceedings.

Observations by the District Commission:

The District Commission noted that the email from Singapore Airlines to the Complainant admitted a mistake in allowing the wife to board without proper verification of her vaccination status. It held that this indicated negligence on the part of the airline.

While the airline claims contributory negligence, arguing that the Complainant also had a duty to verify travel requirements, the District Commission held that the primary responsibility for the boarding oversight lies with the airline. It held that the failure to properly verify documents at check-in constituted significant negligence on its part. Therefore, the District Commission held Singapore Airlines liable for negligence and deficiency in service. It held that the Complainant's failure to check travel requirements does not absolve the airline of its primary responsibility.

Consequently, the District Commission directed Singapore Airlines to refund the amount of Rs. 3,85,927/- to the Complainant. It was also directed to pay a compensation of Rs. 50,000/- to each of the Complainants for harassment, humiliation, mental agony, physical torture, and financial loss and Rs. 30,000/- towards litigation costs.

Case Title: Karan Tibrewala vs Singapore Airlines and Ors.

Case Number: C.C. No.126/2023

Date of Pronouncement: 14.06.2024

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