Delhi consumer commission fines Kuwait Airways Rs 6 lakh for not allowing man on connecting flight

Delhi State Consumer Disputes Redressal Commission has directed Kuwait Airways to pay Rs 6 lakh to a man who was not allowed to board a connecting flight from Kuwait City to London in 2019 despite having a valid ticket for a round trip.

commission directed airways and its country he to pay Rs 5 lakh for deficiency in services along with Rs 50,000 each for mental harassment and litigation expenses.

It observed that not allowing a person to board plane was "nothing short of callous, tortuous and an oppressive act as it caused immense mental agony, physical discomfort, humiliation and emotional trauma".

A bench of Justice Sangita Dhingra Sehgal, commission president, was hearing a complaint claiming around Rs 55 lakh in compensation for deficiency in services by airline.

Complainant Shameemuddin alleged that he was not allowed to board his connecting flight to London on reaching Kuwait City from Delhi on February 1, 2019. He was "illegally" sent back from airport to New Delhi despite having all travel documents.

bench, also comprising Judicial Member Pinki and General Member JP Agrawal, noted that, according to airlines, Shameemuddin was offloed from flight and deported to India on account of "poor profile" by Airline Liaison Officer (ALO) concerned, who represented UK Embassy.

"It appears that by offering excuses and blatantly shifting blame on ALO, opposite parties (airlines and its country he) are divorced from realities of life or acute frustration and agony of passenger who is denied boarding," bench said in an order dated July 21.

"To deny a person boarding of plane is nothing short of callous, tortuous and oppressive act as it causes immense mental agony, physical discomfort, humiliation and emotional trauma which remains with person throughout his life. It verges almost to an injustice done to a person for no fault of his," it ded.

bench said airline's duty was to take "reasonable care of passenger" and not expose him to such "humiliation, unwarranted harassment and mental agony".

"We are of opinion that opposite parties provided deficient service to complainant and, refore, are liable to compensate him," commission said.

It directed airline to pay Rs 5 lakh for financial loss suffered on account of deficient services along with Rs 50,000 for mental harassment and Rs 50,000 for litigation expenses.

vocate Mahmood Alam, complainant's counsel, said Shameemuddin purchased a new ticket from anor airline after being sent back and reached UK.

"It is abysmally surprising to note that complainant reached Birmingham, UK, on February 3, ie, just one day after alleged deportation and did not encounter any issues whatsoever on account of his poor profile," commission said.

It said opposite parties cannot shift burden on Airline Liaison Officer in light of fact that UK Immigration Officer did not stop complainant when he arrived in Birmingham.

"It is surprising how a reputed international airline can aboard a passenger and n deny boarding a connecting flight midway through his journey without any supporting documents to explain reasons for taking such drastic measures," commission said.