The complainant booked a ticket from Delhi to New York by a KLM plane. The airport authorities in New Delhi did not find any fault in his visa and other documents. However, at Amsterdam, the airport authorities institute

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2018
The complainant booked a ticket from Delhi to New York by a KLM plane. The airport authorities in New Delhi did not find any fault in his visa and other documents. However, at Amsterdam, the airport authorities instituted proceedings of verification because of which the appellant missed his flight to New York. After reaching New York, the airlines tendered apology to the appellant for the inconvenience and paid as a goodwill gesture a sum of ₹2,500. The appellant made a complaint to the National Commission under the Consumer Protection Act, 1986. Whether the complainant will succeed? Give reasons with the help of decided case law.

Answer & Explanation:

The complainant will not succeed . The present case is similar to the case of Ravneet Singh Bagga v. KLM Royal Dutch Airlines [1999(7) SCALE 43] . In this case, the Supreme Court held that the respondent (airline) could not be held to be guilty of deficiency in service. Reasons: The staff of the airline acted fairly and in a bona fide manner, keeping in mind the security and safety of passengers and the Aircraft. The photograph on visa documents was a photocopy and not the original, which was unusual. In the circumstances, the staff took some time to ascertain the truth and helped the appellant to reach New York the same day. The airline also tendered an apology and paid a goodwill gesture of ₹2,500, which indicates their good faith. The actions taken by the airline were in the interest of security and were not indicative of a deficiency in service. Therefore, the complaint to the National Commission under the Consumer Protection Act, 1986, would not succeed.

Topics: Consumer Protection Act, 1986

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