Daijiworld Media Network - Chandigarh (MS)

Chandigarh, Feb 10: A consumer court in the city has slapped a fine of Rs 70 lac on a travel agency, British Airways and Lufthansa Airlines because a 60-year-old woman, Indian national was made to spend a night in the lock-up of Denmark's Copenhagen Airpot after her flights from San Francisco to Delhi were re-routed.

Harshan Kaur Dhaliwal (60) had booked her round trip from New Delhi to San Francisco from Surya travel and associates of Chandigarh. As per the schedule she has to do the outbound journey via Zurich on Swiss Air and Lufthansa and return journey via Frankfurt.

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The commission justified its hefty fine imposed on the travel agency and airlines by stating in its verdict that detaining of a passenger in an overseas airport for no fault of her amounts to disgrace. This shows the negligence of the airlines in attending to the needs of the passenger that is why an exemplary fine is imposed to drive the point.

Harshan Kaur had left New Delhi on January 18, 2018 and was provided with diabetic food and wheelchair. On her return journey on March 19, 2018 she boarded a Lufthansa flight from San Francisco to Frankfurt and was made to sit for three hours on the plane. However, the plane did not take off and passengers were de-boarded and took their luggage.

According to Harshan, she was not provided with wheelchair while deboarding and also no one helped her to identify her luggage. She managed to collect her luggage only after her son came to the airport.

The lady was made to board a British Airways flight, without her knowledge and her return journey was re-routed from San Francisco to New Delhi via London. According to the revised schedule her first leg of the journey was from San Francisco to London. From there, she had to fly to Copenhagen in Denmark and then by Air India from Copenhagen to New Delhi.

Unfortunately the flight from San Francisco arrived late in Heathrow Airport in London due to which Harshan Kaur missed her onward flight from London to Copenhagen. She was made to board another flight departing from London at 7.05 pm on March 20, 2018, which reached Copenhagen at 10 pm. Again to her utter shock, Harshan did not have any connecting flight ready to take her to Delhi from Copenhagen.

Harshan Kaur was not provided with the transit visa by the airlines, though it was their duty. As she did not have the transit visa, she was detained at the airport by the airport police of Copenhagen for one night. Harshan's husband contacted the ambassador and she was released and sent to India ultimately on Turkish Airlines via Istanbul to New Delhi. Harshan ultimately reached New Delhi on 5.50 am of March 22, 2018. She then got admitted to Fortis hospital because of the stress induced by the long ordeal and filed a formal complaint with the consumer forum on May 2, 2019.

In its defense Lufthansa said that they are not responsible for the visa of a passenger, even if they are booked in another flight or their journey is re-routed. The airlines also said that the passenger was updated on the re-routing of her flights. Lufthansa also said that the necessity of transit visa arose because the British Airway flight from London to Copenhagen got delayed. It also said that Dahliwal was offered compensation equal to 600 Euros but she refused to accept it.

On the other hand, British Airways said that it has no control over the passenger taking ticket from Surya Travels. It also mentioned that the airlines were not aware of the onward journey of the passenger from Copenhagen to New Delhi. It could not provide her wheelchair and special diet as the same was not requested by the passenger.

On its part, Surya Travels and associates said that the ordeal the passenger had to undergo was due to the delay by both airlines due to technical issues. It also said that the complainant has already received suitable compensation from the insurance company.

Aman Dhir, advocate for passenger Harshand Kaur Dahliwal argued that his client was sent on a route arbitrarily due to the fault of the airlines. Moreover, she was not even provided with the transit visa due to which she had to undergo mental agony.

After going through the arguments of all the three defendants, the consumer court said that it is indeed the duty of the airlines involved to provide the passenger with the transit visa, if her journey is rerouted. The commission was also provided with the photos of Harshan's detention at Copenhagen airport, where the cops kept a continuous vigil on her as if she was a dreaded criminal. She was accompanied while going to the washroom also. This caused humiliation to the passenger.

Finally, the consumer court of Chandigarh slapped a find of Rs five lac to the travel agency, while both the airlines were together fined Rs 64.5 lac for the ordeal the lady had to undergo. The three parties to the issue had to pay an additional Rs 50,000 each to Harshan Kaur as litigation cost.