Punjab man ‘denied’ boarding on Canada flight over ‘no show’ claims, wins Rs 1.53 lakh payout from airline

A consumer commission in Punjab has directed LOT Polish Airlines to refund Rs 1.23 lakh to a Kishanpura-based resident and pay an additional Rs 30,000 after holding it liable for deficiency in service for failing to establish a valid reason for allegedly refusing him boarding on a flight to Canada.

The commission ordered the airline to refund the full ticket amount of Rs 1,23,381, pay Rs 20,000 as compensation for mental agony, harassment and inconvenience, and Rs 10,000 towards litigation expenses. The order was passed by President Dr Harveen Bhardwaj and members Jyotsna and Jaswant Singh Dhillon, reports Indian Express.

“We are therefore of the considered opinion that OP no 1 (airline) was deficient in rendering service by failing to establish any valid justification for refusing carriage to the complainant and thereafter failing to refund the ticket amount,” the commission said in its order.

Passenger says he was denied boarding despite valid documents

According to the complaint, the passenger, Gaganjit Singh Sagoo (42), had booked a ticket through a travel agency for a journey from New Delhi to Toronto via Warsaw.

He paid Rs 1,23,381 for the ticket and claimed that he reached the airport around five hours before the scheduled departure. The passenger said he completed the required security and document formalities before approaching the airline's counter to collect his boarding pass.

Despite having a valid passport, a Canadian multiple-entry visa and a confirmed ticket, he alleged that airline staff asked him to wait for about an hour before refusing to board him.

He later approached the travel agent for a refund but was allegedly told that the airline had to process the refund. The passenger subsequently bought another ticket to Toronto. He then approached the consumer commission, alleging deficiency in service and unfair trade practice and seeking a refund of the original ticket fare along with compensation for the inconvenience and harassment caused to him.

Airline calls passenger a ‘No Show’

The airline denied the allegations and argued that the passenger was a “No Show” because he had allegedly failed to report for check-in within the prescribed time. It also maintained that the ticket was non-refundable, except for applicable government taxes. According to the airline, around ₹8,920 towards taxes had already been processed through the travel agent. The commission, however, found the airline's explanation unconvincing.

Travel agent's email raises questions over ‘No Show’ claim

The commission placed particular reliance on an email sent by the travel agent to the airline after the incident. According to the order, the email stated that the passenger had not been allowed to board by airline counter staff after being questioned about his intention to travel. The agent also sought clarification from the airline on whether the passenger should be treated as a “No Show” or be offered a date change or refund. The commission said the contemporaneous email raised serious doubts about the airline's later claim that the passenger had simply failed to report for check-in. “It is well settled that consumer disputes are decided on the principle of preponderance of probabilities,” the commission observed. Based on the evidence, particularly the email communication, the complainant's version appeared more probable than the airline's “unsubstantiated” No Show claim, it said.

Complaint against travel agency dismissed

The commission, however, dismissed the complaint against the travel agency. It observed that the agency had acted merely as a booking agent and that the passenger had failed to establish any independent deficiency in service on its part. The commission therefore partly allowed the complaint and directed the airline to refund the entire ticket amount of Rs 1,23,381, along with Rs 20,000 compensation and Rs 10,000 towards litigation costs. The total monetary relief awarded to the passenger was Rs 1,53,381