Case Law Details
Bechu Kurian Thomas Vs Qatar Airways (District Consumer Disputes Redressal Commission Ernakulam)
Introduction: The case of Bechu Kurian Thomas versus Qatar Airways brings to light the issue of denial of boarding due to overbooking and its implications under the Consumer Forum Act. Despite the provision of lower compensation in the Aircraft Act and Carriage by Air Act, the complainant, a senior advocate, was denied boarding for his journey to Edinburgh, even though he possessed a valid boarding pass. This case raises questions about unfair trade practices, deficiency in service, and the possibility of seeking compensation through consumer forums.
Analysis: The complainant argued that the principle of “last come, first go” should have been followed in cases of overbooking, especially since he had booked his ticket four months in advance. However, it was observed that English passengers were given preference, suggesting unfair treatment. Such practices amount to unfair trade practices and deficiency in service on the part of the airlines, as they deny boarding to passengers with valid boarding passes without providing any reason.
The District Consumer Disputes Redressal Commission of Ernakulam found clear evidence of deficiency in service and unfair trade practices by the airlines. This practice allows them to illegally profit from price surges in airline tickets during periods of high demand, especially when bookings are made close to the travel date. The commission ruled that airlines cannot deviate from their contractual obligations without valid reasons, as stated in the Carriage by Air Act.
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