In a landmark ruling, a consumer commission has directed an airline to pay Rs 1 lakh in compensation and refund Rs 67,000 to a student who was barred from boarding a Toronto-bound flight due to a visa-related issue.
The incident, which involved stoppages in Munich and Frankfurt, Germany, highlighted the airline's failure to inform the passenger about the requirement of a transit Schengen visa
The case centered on Maharshi Yadav, a resident of Gandhinagar, who was traveling to Canada for further studies. Yadav, who held a valid student visa for Canada, had booked a flight from Mumbai to Toronto for April 13, 2022.
The flight included layovers in Munich and Frankfurt, both in Germany. However, during check-in at Mumbai airport, the airline staff informed Yadav that he required a transit Schengen visa for the layovers, which he did not possess. Consequently, he was denied boarding.
Pressed for time, Yadav cancelled the original ticket and booked an alternative flight with Emirates Airlines, costing him Rs 1.70 lakh, to reach Canada the next day.
Subsequently, Yadav, through his mother and legal counsel Sunil Chhabaria, filed a complaint with the Consumer Dispute Redressal Commission in Gandhinagar, alleging a deficiency in service on the part of the airline.
The complaint argued that the airline had failed to notify Yadav in advance about the necessity of a transit Schengen visa for his journey.
In its defense, the airline maintained that Yadav could not have boarded the flight without the required visa and argued that the ticket was non-refundable. Despite this, the commission found the airline's actions to be deficient, ruling in favor of Yadav.
The commission's judgment noted the student's valid visa for Canada and expressed shock at the airline's demand for a transit Schengen visa. "We are utterly shocked to know that the complainant had a student visa for Toronto. How was he expected to have a transit Schengen visa for Munich and Frankfurt? He was not going to tour in a foreign country," the commission stated.
The commission further criticized the airline for failing to inform Yadav about the visa requirement, calling it a clear deficiency in service. "It was the duty of the respondent (airline) to inform or intimate the complainant of the requirement of such a transit visa, but it was not reminded to the complainant by the respondent, which clearly shows a deficiency in service.
Therefore, in our considered opinion, the complainant was falsely and painfully stopped at the airport by such opponent authority. Hence, in our considered conclusion, the complainant's right to travel abroad has been violated by the opponent without resorting to a just, reasonable, and fair procedure established by law," the commission ruled.
As a result, the airline was ordered to refund the Rs 67,000 ticket cost and pay an additional Rs 1 lakh in compensation for the inconvenience and distress caused to Yadav. The ruling serves as a significant reminder of the obligations airlines have to clearly communicate visa requirements to their passengers to prevent such incidents.
Source: https://economictimes.indiatimes.com/nri/latest-updates/airline-directed-to-pay-rs-1-67-lakh-to-student-barred-from-canada-bound-flight-due-to-schengen-visa-confusion/articleshow/113164411.cms?from=mdr
