HOME > BUSINESS > AVIATION > Air India wins case against passenger ejected for faulty visa

Air India wins case against passenger ejected for faulty visa

The National Consumer Disputes Redressal Forum, the apex body of consumer courts in India, cancelled the compensation of over Rs 1.3 lakhs awarded to a student who had been ejected by Air India over transit visa problems.

The student, daughter of Sushil Kumar of Amritsar, had booked an Air India flight from Amritsar to Pittsburgh via Canada via the internet.

air-india

However, when the student turned up for the flight, she was refused entry as she needed a Canadian transit visa since her flight was routed through Toronto.

Air India refused to put her on an alternate flight free of charge.

Sushil Kumar managed to win the compensation from lower courts after arguing that if any transit visa was required, it was the duty of Air India to inform them of the same.

However, NCDRC ruled that Air India was not obligated to do so, and cancelled the Rs 1.3 lakh awarded by the district and state consumer fora.

“The carriage of contract is subject to the provisions of Carriage by Air Act, 1972, Indian Contract Act, 1972 and Conditions of Contract Relating to Non-International Carriage (Passenger and Baggage) laid by the petitioner Airline and hence, binding on the parties to the contract. The said terms and conditions are incorporated on the electronic ticket by reference to the website of the petitioner airline. The fora below have no jurisdiction to rewrite the contract which was already entered between the passengers and the Airlines and the said interference are also in derogation of the Indian Contract Act, 1972.

“The District Forum and the State Commission overlooked/ did not take into consideration the fact that the respondent/ complainant has had absolutely no cause for complaint, for he was himself negligent in not ascertaining the travel documents required for the itinerary chosen by him despite ample time from 25.06.2010 to 18.08.2010 and keeping the sector Amritsar/ Toronto open. The open status of first sector gives rise to the presumption that complainant was contemplating alternate routes and was holding the subject ticket only as a measure of reserve to meet any adverse situation of not getting seat on any other more economical route/ airline.

“The IATA General Conditions of Carriage (Passengers and Baggage) Article 7 expressly provides, “if the passenger fails to arrive in time at the Carrier’s check in location or boarding gate or appears improperly documented and not ready to travel, carrier may cancel the space reserved for the passenger and will not delay the flight. Carrier is not liable to the passenger for loss or expenses due to the passenger’s failure to comply with the provisions of this Article,” NCDRC said in its order.

Follow ULTRA.news
Jet Airways strengthens US, Europe schedule with new Air France-KLM deal Jet Airtways said it has signed a new agreement with Europe-based Air France-KLM that will increase the coverage and capacity of its existing agreement with the airline.The airlines will be able to extend their coverage and capacity between Paris, Amsterdam and India because...
RERA sales freeze drags down DLF Q2 profit by 94%, sales restarted Real estate major DLF reported a sharp decline in its revenue and profit for the July-September quarter after it stopped taking new bookings due to the implementation of RERA in May.The company's net profit fell by 94% to Rs 12.57 cr in July-September quarter from Rs 204.60 ...
InterGlobe Aviation to raise Rs 2,530 cr by selling shares to institutions InterGlobe Aviation, the company that operates the country's largest airline Indigo said the company would raise Rs 2,530 cr by issuing fresh shares.At the same time, existing shareholders of the company would raise Rs 1,265 cr by selling some of their shares as well, the co...
Jet Airways offers 20% discount on international flights Jet Airways said it would offer up to 20% discount on international tickets under a week-long sale that will end on Sep 6."Under the offer, guests enjoy attractive savings of up to 20% discount on the lowest prevailing return base fares," the airline said.The offer is val...
Jet Airways cancels several flights from Mumbai due to rains Jet Airways said it is cancelling several of its flights from and to Mumbai to cope with the situation created by incessant and heavy rains in the city.The flights include those to Vodadara, Delhi, Bangalore, Ahmedabad, Chandigarh and others."Inclement weather in Mumbai ...
Ramco Systems wins key deal from Saudi aircraft maintenance company Cloud-based services provider Ramco Systems has won a key, five-year contract from Saudi Rotorcraft Support Company, which provides maintenance services for the country’s combined fleet of more than 360 military and commercial helicopters."With two of the top 5 aircraft manu...
Now you can also fly to Pondicherry, thanks to SpiceJet SpiceJet has become the first airline to conduct flight services to Pondicherry, the former French colony that is a prominent tourist attraction in South India.The flights will be from Hyderabad. With this new flight, Puducherry will be connected with Delhi, Mumbai, Bengalu...
Kannur Airport: 95% of airside, 90% of cityside work completed Kerala's fourth international airport at Kannur is very close to completion, with 95% of the airside works and 90% of cityside work completed, the government said today.Airside refers to the runway, bays, traffic control tower and so on, while city-side works refer to civilia...
SpiceJet reports 10th quarterly profit in a row SpiceJet reported an 18% growth in its net profit for April-June period at Rs 175 crore, the company said, making it the 10th successive profitable quarter for the airline. Total revenue from operations were Rs 1,869 crore, higher than Rs 1,521 crore for the same quarter las...
Indigo targets 20% growth every year; move towards owned aircraft IndiGo Airlines, India's largest airline by far, is in no mood to go easy on its rapid expansion in coming years, the company said.The company, which accounted for 85% of the total capacity added in the country in the last five years and grew its seats at 24% per year on aver...
GMR closes funding for Mopa Airport, Axis Bank underwrites debt GMR Goa International Airports Limited said it closed funding for the upcoming Mopa Airport in Goa, with Axis Bank underwriting the entire debt of Rs 1,330 cr."Having tied up funding for the project, we are working towards starting on ground construction activity post monsoon...
SpiceJet adds new flights from Surat to Mumbai, Hyderabad SpiceJet announced the launch of four new daily non-stop flights connecting Surat to Mumbai and Hyderabad.From July 10, there will be a new daily direct flight for the Mumbai-Surat-Mumbai sector. It will also start operating its second daily direct flight on the sector in th...
Reliance Infra defence unit inks one more deal to help with Rafale work Reliance Defence, the defence-focused subsidiary of Reliance Infrastructure, said it entered into yet another agreement with an overseas company. This time, the company said it tied up with Daher Aerospace, France, a supplier of integrated systems for aeroplanes.Daher makes ...
Etihad Airways, Abu Dhabi offer free hotel stay to boost tourism In an effort to boost tourism in its home town of Abu Dhabi, government-controlled Etihad Airways announced a set of freebies and packages for passengers transiting through the Gulf city.The biggest freebies are for first class passengers. They will get two free nights at an...
SpiceJet starts UDAN services starting at Rs 2,250 SpiceJet, which was the most aggressive in pursuing the affordable airfare plan called UDAN, today started its services under the scheme.The airline started flights on the Mumbai-Porbandar route with at Rs 2,250 including all taxes and levies, while the fare on the Mumbai-Ka...
Jet Airways inks codeshare agreement with Aeromexico Jet Airways said it inked an agreement with Aeromexico, the flag carrier airline of Mexico, to explore codeshare arrangements and shared frequent flyer programs. As part of the arrangement, both carriers will code on each other’s services between India and Mexico via common ...
GMR wins contract for Crete airport with partner GMR Airports Limited, a subsidiary of GMR Infrastructure Ltd, said it won the contract to develop, operate and manage the new international airport of Heraklion at Crete in partnership with a Greek company.GMR Airports Limited will be the designated Airport Operator in the c...
Jet Airways starts pilot-training course, to create 380 pilots in five years Jet Airways launched a Commercial Pilot License training programme aimed at creating more than 380 professionals over the next five years, the company said.As part of the program, the first set of 60 cadets will begin training in the second half of 2017, with ground school a...
Jet Airways posts profit of Rs 23 cr for Q4 Jet Airways Group today announced its second successive profitable year for the year ended Mar. 31, 2017.For Q4 of FY17, the group reported a net profit of INR 23 crores. The Group reported a consolidated profit of INR 438 crores for the year. "Despite the challenges po...
SpiceJet announces anniversary sale starting at Rs 12 SpiceJet announced its ‘12th Anniversary Sale’, offering one-way base fares starting as low as Rs 12 plus taxes for travel on its domestic and international network. "The starting base fare of Rs 12, excluding applicable taxes and surcharge, is applicable on all direct do...