CONSUMER
D.B. Binu, President, V. Ramachandran, Member, Sreevidhia T.N, Member
Roshan Jose – Appellant
Versus
Qatar Airways – Respondent
C.C. No.143/2019
| Table of Content |
|---|
| 1. factual narrative of travel denial and consequential hardships. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. airline responsibility for travel document verification and liability. (Para 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 38 , 39) |
| 3. analysis of evidence concerning inconsistency in document acceptance. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 53 , 54 , 55) |
| 4. principle of estoppel: airline cannot deny travel on documents it previously validated. (Para 56 , 57 , 58 , 60 , 61 , 62) |
F I N A L O R D E R
V.Ramachandran, Member
1) A brief statement of facts of this complaint is as stated below:
This consumer complaint is filed by Sri. Roshan Jose, and against M/s.Qatar Airways alleging deficiency of service and unfair trade practice from the side of the opposite party.
2. The complainants states that the first complainant is working in Italy and his wife is also working there. The first complainant holds a family visa in which the name of the complainant, his wife Vinaya and the 2nd complainant alone are included. The second and third complainants are their minor children. All the complainants are having valid Indian passport. The first complainant is having a family visa in which the name of , the third complainant is not included since it is under process (permesso soggiorno in attesa) and the authorities had issued a receipt for that which is being accepted as a travel document. The first complainant along with family scheduled a visit to his native place during the period from 20-11-2018 to 03-12-2018. Accordingly the first complainant availed flight tickets for onward and return journeys from Venice to Kochi and back for the whole family in the airlines operated by the opposite party. As per the E-Ticket receipts, complainants and the above said Vinaya were to travel in flight No QR126 from Venice to Doha on 20-11-2018 and from Doha by flight No QR514 on 21-11-2018 and they were to return by flight No.QR517 from Kochi to Doha and from Doha to Venice by flight No.QR125 on 03-12-2018 and produced the E-Ticket receipts No-157 2494738080, 157 2494738083, 157 2494738111 and 157 2494738081 issued by the opposite party in favour of the complainants and the above said Vinaya.
3. As per the scheduled travel plan complainants along with the above said Vinaya reported before the check in counter of the opposite party at Venice airport on 20-11-2018 and duly submitted the E-Ticket receipts and the travel documents. The officials of the opposite party duly verified and accepted the E-Ticket receipts and the travel documents and issued boarding pass to all of them and they travelled from Venice to Doha on 20-11-2018 in flight No QR126 and from Doha to Kochi in flight No QR514 on 21-11-2018. During the entire onward journey no objections were raised by the officials of the opposite party either at Venice or at Doha airports.
4. The scheduled date of return journey was on 03-12-2018. The complainants along with the above said Vinaya duly reported before the check in counter of the opposite party in the Kochi International airport on 03-12-2018 and submitted the E-Ticket receipts and travel documents. During the check in process, the officials of the opposite party requested the complainants and the above said Vinaya to wait for verification of travel documents. Complainants and the above said Vinaya were made to wait for long 2½ hours without offering any reasons. The long wait at the airport with the two little minor children was a strenuous experience. Since the departure time was nearing, complainants frequently queried about their traveling status. Thereupon, the officials of the opposite party explained that they are awaiting mail confirmation from both Qatar and Venice airports to verify the travel documents of the minor complainants 2 and 3.
5. At last, just 10 minutes before the departure time, second c
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