Denied boarding on Kochi-Abu Dhabi flight, mother and child wins Rs 70,287 payout

The complainant alleged that she and her minor child were denied permission to board the flight.(Image generated using AI)

A Kerala consumer commission has directed an airline to pay Rs 70,287 to a mother and her minor son after they were allegedly denied boarding on a confirmed Kochi-Abu Dhabi flight and had to purchase fresh tickets.

President CT Sabu and member Ram Mohan R observed that the complainant had to manage the minor child, rearrange their travel at short notice, undertake an additional journey and were constrained to pay a higher amount for the second ticket.

“The fact that the 2nd complainant was a child of approximately three years at the time makes the inconvenience and hardship more significant. The 1st complainant had to manage the minor child, rearrange their travel at short notice and undertake an additional journey between Sharjah and Abu Dhabi. Also constrained to pay a higher amount for the second ticket to Sharjah,” the order read.

Boarding denied

The complainant said that she had booked flight tickets to travel from Kochi to Abu Dhabi on 11 February 2021, paying Rs 20,287. It was alleged that they had valid travel documents and were eligible to travel to Abu Dhabi under the travel guidelines applicable at the time, but were denied permission to board the flight.

The complainant alleged that they were then compelled to purchase fresh tickets from Kochi to Sharjah for which they paid Rs 29,510. It was further stated that since Abu Dhabi was their intended destination, the mother and child had to undertake an additional journey from Sharjah to Abu Dhabi after landing there.

The complainant said that the airline neither provided a satisfactory justification for denying boarding nor refunded the original Kochi–Abu Dhabi airfare.

The airline did not appear before the commission despite being served notice and was proceeded against ex-parte.

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The commission said that if boarding had been denied because of any lawful restriction, failure to meet mandatory travel requirements or any other valid reason attributable to the complainants, the airline was required to disclose and establish the same. However, no such explanation or evidence was placed before it.

The commission held that the airline’s failure to transport the complainants to the contracted destination, without establishing a legally sustainable reason, followed by collection of a further amount for travel to a different destination, amounted to a shortcoming and inadequacy in the service.

The commission thus directed the airline to refund the original airfare of Rs 20,287. It also awarded Rs 40,000 as compensation for deficiency in service, mental agony, inconvenience and hardship, and Rs 10,000 towards proceedings costs.

Takeaway

An airline that denies boarding on a confirmed ticket must have a legally sustainable reason and cannot retain the fare for a journey it failed to provide. Passengers can seek a refund and compensation for the resulting hardship.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline on 1915 for assistance.

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More