Date of filing : 20.09.2016 IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT Thiru.R VENKATESAPERUMAL … MEMBER C.C. No.154 of 2016 Orders pronounced on: 10.04.2023 D.B.Mayur Prasath, S/o.Dr.D.Balachandar, 10/D-14, 20th Cross St., Maharajanagar, Palayamkottai, Tirunelveli 627 011. … Complainant vs.

British Airways, Rep. by its Duty Manager, AAI Integrated Cargo Complex, Meenambakkam, Chennai 600 016. ... Opposite Party.

For Complainant : M/s.Row & Reddy For Opposite Party : M/s.Rupa J. Tharayil This Complaint came up for final hearing on 18.01.2023 and, after hearing the arguments of the counsels for the parties and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. President .

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Alleging service deficiency against the OP/Airlines that they illegally refused Boarding Permission for his air-

travel against a confirmed ticket and a valid Visa as on the date of journey, the complainant has filed the present Complaint, seeking this Commission to direct the OP to –

a) Refund Rs.6,500/- deducted by the OP towards the cancellation charges of his ticket, dated

12.06.2016;

b) Reimburse Rs.14,130/- incurred for obtaining fresh Visa;

c) Pay Rs.2 lakh towards damages, mental agony, etc.; and d) Pay interest @ 12% p.a. for the claim amount from the date of the complaint till the actual payment to him, besides costs of the Complaint.

2. The case of the complainant, in brief, is as follows:-

The complainant, who got admission at Bluebird Flight Academy, British Columbia, Canada, to undergo Pilot Training, was issued with a Multiple Entry Visa by the Canadian Embassy for the period from 11.09.2015 to 15.06.2016 and, on the basis of the said Visa, he had also joined the pilot training course at Canada. For the purpose of attending the DGCA Pilot Licence Conversion Exam, which was scheduled from 08.06.2016 to 10.06.2016, he came to India and, after attending the exam, he booked a ticket with the OP by paying a sum of Rs.45,004/-, for his journey on 12^th June, 2016, from Chennai to Heathrow Airport by British Airways-0036 and from Heathrow Airport to Vancouver by BA-0085, and the booking was also confirmed. On the date of journey, while he reported before the Check-in Counter of the OP at Chennai Airport, the Counter-Staff by name Eiveen Itty Mathews, instead of issuing the Boarding Pass based on the confirmed ticket, questioned the complainant’s travel to Canada with a short validity period in the Visa. The complainant not only explained to him the exam purpose for which he came to India but also showed all relevant documents. On the same issue, he was questioned by the Duty Manager of the OP, who made him to wait and later told that he would not be allowed to travel as only 3 days were left for the Visa to expire and that she had to get clarification from the Canadian Embassy. All bona fide explanations by the complainant fell on the deaf ears of the OP’s officials who ultimately cancelled the valid ticket of the complainant without his consent by slapping cancellation charges of Rs.6,500/- for no fault on his part. The complainant came to understand that the OP deliberately did so with the complainant only to accommodate some other passenger in his place for extraneous considerations as the Flight was full. Because of the illegal action of the OP, the complainant could not travel to Canada for completing the training in time. On 15.06.2016, he sent a legal notice to the OP which sent a reply mail on 08.07.2016, apologizing for their behavior and stating that they would get back to him soon, but, thereafter, there was no response from them. Because of the OP’s deficiency of service and unfair trade practice in not permitting the complainant to travel on 12.06.2016, in spite of his Visa being valid till 15.06.2016, he not only sustained monetary loss and suffered great degree of m