Uttarakhand consumer commission orders airline to pay Rs 1.49 lakh for denying 5-year-old boarding

An Uttarakhand consumer commission has directed an airline to pay Rs 1.49 lakh in compensation for refusing to allow a five-year-old girl to board a Delhi-Dubai flight with her family, who were on a holiday in December 2022, despite her having a valid passport and a Dubai visa, on the grounds that her passport did not have the required six months' validity from the date of travel.

The Dehradun District Consumer Disputes Redressal Commission, presided over by Pushpendra Khare, with Alka Negi as member, held that the airline had failed to inform the family about the passport validity requirement at the time of booking or before they reached the airport, The Indan Express reported. 

In its October 30 order, the commission observed that the airline tickets did not expressly mention the six-month validity condition, nor had the airline produced evidence to establish that the passenger had been informed about it.

The family had booked tickets for four passengers through an online travel platform on August 31, 2022, for a six-day holiday in Dubai between December 16 and 22. The child's passport was valid until March 27, 2023, while Dubai authorities had issued her a visa in November 2022, following an examination of her passport. The visa remained valid until January 19, 2023.

However, when the family arrived at Delhi airport on December 16, airline staff refused to allow the child to board, citing the passport validity requirement.

The airline argued that passengers were responsible for carrying the necessary travel documents and that its conditions of carriage stipulated a minimum six-month passport validity. It also sought to shift responsibility to the online booking platform, maintaining that the travel agent was required to communicate such conditions. The airline further stated that it had issued two credit shells of Rs 59,710 each, covering the entire ticket cost.

Rejecting the airline's arguments, the commission referred to the Directorate General of Civil Aviation's Civil Aviation Requirements, which require airlines to communicate applicable travel conditions to passengers. It also observed that the issuance of credit shells indirectly indicated the airline's acceptance of its mistake.

The commission directed the airline to refund Rs 1,19,420 with six per cent annual simple interest from March 13, 2023, until payment, besides Rs 25,000 for mental agony and deficiency in service and Rs 5,000 towards litigation costs. However, it rejected the family's claims for Rs 2.30 lakh in travel-related expenses and Rs 20 lakh in additional compensation, citing insufficient evidence.