The court highlighted that denying a person boarding on a flight is an extremely heartless, cruel, and oppressive act that inflicts severe mental anguish, physical discomfort, humiliation, and emotional trauma.
Recently, the Delhi State Consumer Disputes Redressal Commission ruled in favor of a passenger, Shameem Uddin, who was denied boarding on a Kuwait Airways flight to London despite having a valid ticket, visa, and boarding pass. The commission, comprising President Justice Sangita Dhingra and Members Pinki and JP Agrawal, stated that such an act of denial is nothing short of callous, torturous, and oppressive, causing immense mental anguish and emotional trauma to the person involved.
Shameem Uddin had purchased a Kuwait Airways ticket for a journey from Delhi to Kuwait to London in February 2019. However, upon reaching Kuwait, he was not allowed to board the flight to London based on his “poor profile” as per the advice of the Airline Liaison Office (ALO), which represents the British Embassy at the Kuwait International Airport.
Later, Shameem Uddin purchased a ticket on Indian Airlines and traveled to Birmingham, United Kingdom without any issues. Subsequently, he filed a lawsuit against Kuwait Airways, seeking ₹55 lakh in compensation for the alleged harassment and service deficiencies.
The Commission ruled that the airline was obligated to provide reasonable care to the passenger and should not subject him to humiliation, unwarranted harassment, and mental anguish. The airline failed to offer sufficient explanations for denying the passenger’s boarding, and it seemed implausible that his profile was considered “poor” in Kuwait while being excellent in other countries where he had obtained visas.
Furthermore, the Commission found that the ALO lacked the authority and jurisdiction in a foreign territory to instruct the airline not to transport a passenger. The ALO could only offer advice on the passenger’s documentation, and the decision to carry a passenger solely rested with the airline.
The Commission also considered the argument that the airline overbooked seats during the fair season, anticipating high sales, and then shifted responsibility to the ALO to conceal excessive profiteering, which was considered an unfair business practice.
As a result of the deficiency in service, the Commission ordered Kuwait Airways to pay ₹5 lakh in compensation to Shameem Uddin. Additionally, an amount of ₹50,000 was ordered to be paid to cover litigation expenses and mental harassment faced by the complainant.
