Post by : Bianca Haleem
The Ernakulam Consumer Dispute Redressal Commission in Kerala has directed Qatar Airways to pay Rs 10 lakh in compensation to a couple after the airline refused to allow their two minor children, including a breastfeeding infant, to board their return flight from India to Italy.
The commission held the airline responsible for deficiency in service and unfair trade practice. In addition to the compensation, the airline has been ordered to pay Rs 25,000 towards litigation costs.
The order was issued on July 14 by President D B Binu and members Ramachandran V and Sreevidhia T N.
According to the complaint, the couple, who were employed in Italy, booked Qatar Airways tickets for themselves and their two minor children to travel from Venice to Kochi via Doha for a family visit.
The airline verified all travel documents before departure and issued boarding passes. The family completed the journey to India without facing any problems.
The dispute began on December 3, 2018, when the family was returning from Kochi to Italy.
The complaint stated that the airline made the family wait for more than two-and-a-half hours before informing them that their elder child could not travel because he did not have an independent Italian visa.
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As both parents needed to return to Italy for work, they decided to leave the elder child with relatives in Kerala while they, along with their younger child, boarded the flight.
After arriving in Doha, the family faced another problem.
According to the complaint, Qatar Airways refused to allow the younger child, a breastfeeding infant, to board the connecting flight to Italy, claiming that the child also lacked the required travel documents.
The parents stated that even though boarding passes had already been issued, they were made to wait for around 10 hours before the airline denied the infant permission to travel.
As a result, the mother travelled alone to Italy, while the father returned to Kochi with the infant.
The complaint said the father later obtained a separate visa for the elder child and took him back to Italy.
The younger child remained in India with relatives until arrangements could be made for the infant's return.
The father argued that the airline's actions caused the family financial loss, emotional distress and severe mental hardship.
Qatar Airways told the commission that passengers are responsible for ensuring they have valid travel documents and visas required for their journey, including those needed for transit and entry into the final destination.
The airline argued that it was the passengers' responsibility to meet all travel document requirements.
The commission observed that the couple feared losing their jobs if they did not return to Italy and therefore had no option but to leave their children with relatives.
In its order, the commission stated: "The complainant and his wife were left with no option but to entrust their children, including an infant of lactation, to the care of their relatives in India and proceed on their return journey without him. The mental agony, emotional trauma and untold hardship suffered by the parents were the direct and inevitable consequence of the wrongful conduct of the opposite party."
The commission concluded that the airline was responsible for deficiency in service and unfair trade practice because it accepted the infant's travel documents for the journey to India but later refused boarding on the return trip using the same documents.
The commission directed Qatar Airways to:
The commission also ruled that if the airline fails to comply within the specified period, the compensation amount will carry 9% annual interest from the date the complaint was filed until the payment is made.
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