BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 344 OF 2023 AGAINST ORDERS IN C.C.235/2022 DISTRICT CONSUMER COMMISSION-III, HYDERABAD Between:

British Airways, Unit 01, Ground Floor, Air Cargo Terminal, GMR Hyderabad Air Cargo Terminal and Logistics Pvt., Ltd., Rajiv Gandhi International Airport, Shamshabad, Hyderabad 501218, Represented by Authorized Signatory.

………..Appellant/ Opposite Party And:

Mr.Sanjay Banka, Aged 52 years, R/o 5^th Floor, Prestige Phoenix, 1405, Uma Nagar, Begumpet, Hyderabad -500 016.

……..Respondent/Complainant Counsel for the Appellant/Opposite Party : M/s.Nethan Reddy Counsel for the Respondent/Complainant : Party-in-Person (Mr.Sanjay Banka)

QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI. V.V.SESHUBABU, MEMBER – (JUDICIAL)

MONDAY, THE 29th D AY OF SEPTEMBER TWO THOUSAND TWENTY FIVE ****** ****

Order : PER HON’BLE SRI. V.V.SESHUBABU, MEMBER – JUDICIAL

1. The appeal is filed U/s 41 of Consumer Protection Act, 2019 by the Opposite Party, aggrieved by the order of District Consumer Commission-III, Hyderabad, dated 15.12.2022 in CC 235/2022 where under the opposite party was directed to pay Rs.70,528/- on the unused ticket No.1254727537347/1/1 under PNR ref. No.5F9Z88 of Mr.Nitish Banka, booking dated 03.10.2021; Rs.20,000/- towards mental agony and Rs.10,000/-

towards cost of the complaint.

2. The brief averments of the complaint are that the complainant had booked flight ticket for his son through Portal easemytrip.com., by paying Rs.57,517/- to travel (travel dated 28.12.2021) from Chicago, USA to Hyderabad and return ticket (travel dated 14.03.2022); that there was no mention of normal Indian Nationals not being allowed to go back by British Air to USA. As his son Nishit had a knee surgery in February 2022, to support him in travel from Hyderabad to Chicago, he booked ticket for his daughter Smriti Bank (PNR RRHL14) on 01.03.2022 travelling from Hyderabad to Chicago on 14.03.2022 and return on 13.04.2022 from the Airline for Rs.1,57,876/-, the complainant did a “Check travel and health restrictions for your trip” on British Airways website and by putting the passport issuing country, departure and arrival countries and dates-there was no mention regarding normal Indian Nationals not being allowed to go by British Airways to USA; that 3 to 4 days before the departure, when the complainant called the Airlines Customer Care for knowing requirement of RT-PCR, came to know that there are some restrictions for Indian Nationals that they could not go to USA via British Airways; that the complainant was forced to cancel the flight tickets, later, when he requested for refund of full amount on both the PNRs; that one journey has been completed by his son and for return journey the opposite party has not refunded the amount and he received part refund of his daughter’s ticket; that the complainant stated that according to Ministry of Civil Aviation, Government of India (www.civilavaition.gov.in/en/about- air-transport-bubbles) – “it would be for the Airlines concerned to ensure that there is no travel restriction for Indian Nationals to enter USA with the particular visa category before issue of ticket/boarding pass to the Indian Passenger”. Therefore, prayed the Commission to allow the complaint.

3. The opposite party filed written version stating that the complainant has booked tickets for his son and daughter after choosing the Airline/route of travel and dates and having agreed to all the terms and conditions including the travel restrictions if any, paid the amount to the travel agent; that the ticket was purchased from the travel portal of easemytrip.com and this opposite party cannot comment on why no mention was made on the travel portal about restrictions for travels; that the complainant has to make easemytrip.com as a party to the complaint as he paid money to the travel agent; that the complaint suffers for non-joinder of necessary party and on this grou