LI Network
Published on: 26 July 2023 at 16:56 IST
The Delhi State Consumer Disputes Redressal Commission has recently ruled in favor of a passenger against Kuwait Airways, directing the airline to pay ₹6 lakh compensation for refusing him boarding on a London-bound flight, despite possessing a valid ticket, visa, and boarding pass.
In its order, the commission, comprising President Justice Sangita Dhingra and members Pinki and JP Agrawal, noted that denying a person boarding on a flight is an insensitive, torturous, and oppressive act that inflicts significant mental agony, physical discomfort, humiliation, and emotional trauma.
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 prevented him from boarding the flight to London, citing a “poor profile” based on advice from the Airline Liaison Office (ALO).
The ALO was the representative of the Embassy of the United Kingdom at Kuwait International Airport for Kuwait, Bahrain, Qatar, and Saudi Arabia.
Subsequently, the passenger purchased an Indian Airlines ticket and successfully traveled to Birmingham, United Kingdom, without any hindrance.
He then filed a case against Kuwait Airways, seeking ₹55 lakh compensation for harassment and deficiencies in the airline’s services.
The commission found that it was the airline’s responsibility to take reasonable care of the passenger and avoid subjecting him to humiliation, harassment, and mental distress.
Furthermore, the commission highlighted that the airline failed to provide adequate reasons for denying the complainant boarding. It questioned how the passenger’s profile could be deemed “poor” in Kuwait, while he had obtained visas for the United States and the United Kingdom multiple times without issue.
The commission also noted that the airline staff subjected the complainant to inhumane treatment, including threats, inappropriate questions, and denial of restroom access.
Regarding the involvement of the ALO, the commission clarified that the ALO has no authority or jurisdiction in a foreign territory to compel an airline to refuse boarding to a passenger. The final decision solely rests with the airline.
The commission also considered the argument that the airline overbooked seats during the peak season, anticipating high sales, and subsequently shifted blame to the ALO to conceal their high profiteering practices, which were deemed unfair trade practices.
Consequently, the commission held that denying boarding without providing sufficient reasons amounts to a deficiency in service and directed Kuwait Airways to pay the complainant ₹5 lakh as compensation. Additionally, sums of ₹50,000 each were ordered for litigation expenses and mental harassment.
Advocate Mahmood Alam represented Shameem Uddin, while Advocate Deepika Gupta represented Kuwait Airways in the case.
