Delhi consumer court directs Kuwait Airways to pay ₹6 lakh compensation for not allowing passenger to board flight to London

The Delhi State Consumer Disputes Redressal Commission recently directed Kuwait Airways to pay ₹6 lakh compensation to a passenger for not allowing him to board an onward flight to London despite his having a valid ticket, visa and boarding pass..A coram of President Justice Sangita Dhingra and members Pinki and JP Agrawal noted in its order,"To deny a person the boarding of the plane is nothing short of callous, tortuous and an oppressive act as it causes immense mental agony, physical discomfort, humiliation and emotional trauma which remains with the person throughout his life. It verges almost to an injustice done to a person for no fault of his.".The complainant Shameem Uddin had booked a Kuwait Airways ticket for a Delhi-Kuwait-London flight in February 2019. However, upon reaching Kuwait, the airline did not allow him to board the flight to London, citing a "poor profile," on the advice of Airline Liaison Office (ALO). This ALO was a representative of the Embassy of the United Kingdom at the Kuwait International Airport for the countries of Kuwait, Bahrain, Qatar and Saudi Arabia.The man later purchased an Indian Airlines ticket and traveled to Birmingham, United Kingdom without any issues. He subsequently filed a case against Kuwait Airways, demanding compensation of ₹55 lakh for harassment and deficiency in services on the part of the airline..The Commission found that it was the duty of the carrier to take reasonable care of the passenger, so as to not expose him to such humiliation, unwarranted harassment and mental agony. It also noted that the airline failed to furnish adequate reasons for its refusal to allow the complainant to board the onward flight. Further, when the complainant had obtained visas for the United States and the United Kingdom multiple times, it is not possible that his profile was suddenly poor in Kuwait and excellent otherwise, the order stated."Perusal of the record suggests that the Opposite Parties have failed to furnish any cogent reasons/Deportation Order as promised to the Complainant at the Delhi Airport Counter, despite his repeated requests. It is surprising as to how a reputed International Airline can aboard a passenger and then deny boarding a connecting flight midway his journey without any supporting documents to explain the reasons for taking such drastic measures."To make matters worse, the complainant was subjected to inhumane treatment by the airline staff, who threatened him, asked him immoral questions and did not allow to use the washroom, the order noted..The forum went on to hold that the ALO has no authority or jurisdiction in a foreign jurisdiction to compel an airline to not carry a passenger."It is clear that the ALO can only advice in regard of the documentation of the passenger but the final decision whether or not to carry a passenger rests only with the airline. Therefore, in the present case, the submission of the Opposite Parties that they got advice from the ALO of UK Embassy that the Complainant not be carried is without leg and holds no merit in view of the abovementioned guidelines," the Commission remarked.It also took into consideration the argument that the airline had overbooked seats in anticipation of high sales during the fair season and then later shifted the blame to the ALO to hide their high profiteering, which was an unfair trade practice..While holding that denying boarding to a passenger without citing sufficient reasons amounts to deficiency in service, the Commission directed the airline to pay the complainant ₹5 lakh in compensation. Additional sums of ₹50,000 for litigation expenses and mental harassment each were also directed to be paid to the complainant..Advocate Mahmood Alam represented Shameem Uddin while Advocate Deepika Gupta represented Kuwait Airways..[Read Order]