Pawan booked an air ticket for New York with Skyhigh airlines. At New Delhi airport, authorities found visa in order; but at Amsterdam, when his visa was checked it was found that the visa bears the photocopy of photogra

CS Executive · Economic and Commercial Laws · PYQS · December 2015
Pawan booked an air ticket for New York with Skyhigh airlines. At New Delhi airport, authorities found visa in order; but at Amsterdam, when his visa was checked it was found that the visa bears the photocopy of photograph. Thus, Pawan missed his flight to New York. However, the airlines helped him to reach New York on the same day. After reaching New York, Skyhigh airlines tendered an apology to Pawan for the inconvenience caused to him and paid as a goodwill gesture, a sum of ₹2,500. Pawan filed a complaint with National Commission under the Consumer Protection Act, 1986. Will Pawan succeed? Give reasons with reference to case law, if any.

Answer & Explanation:

The fact of the present case is similar to the case of Ravneet Singh Bagga v. KLM Royal Dutch Fintimes [1999(7) SCALE 43] . In this case the Supreme Court held that the KLM Royal Dutch Fintimes could not be held to be guilty of deficiency in service. The staff of the airline acted fairly and in a bona fide manner, keeping in mind security and safety of passengers and the Aircraft. The photograph on visa documents was a photo copy 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. In the light of the above case, Mr. Pawan will not succeed in his complaint.

Topics: Consumer Protection Act, 1986

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