M.THANIKACHALAM J. - (1.) The complainants are the appellants.
(2.) The facts leading to this appeal: The complainants, being the Executive Club members of British Airways, had purchased round trip tickets to USA, via London, on 18.4.2003, performed onward journey on 24.4.2003. At the Los Angeles Airport, the British Airways, not informing previously, refused to issue boarding passes to them, as they did not have DATV visas, introduced by the United Kingdom, on 16.10.2003. The request of the complainant, to issue 4 days transit visa was also not accepted, offering only 48 hours visa, which was inconvenience to the complainants. Because of the negligent act, and improper appreciation of DATV visas, the complainants were compelled to take fresh ticket, to reach Chennai, avoiding London, thereby they have incurred additional expenses, as well as mental agony. The request of the complainant to refund air fare, and compensate the complainant for their mental agony also not properly considered, despite repeated requests, and in this way, the opposite party had committed negligent act, as well as deficiency in service, for which the complainant is entitled, to a total sum of Rs.1,86,021 towards expenses incurred, alongwith compensation of Rs.350000/- and cost. Hence the complaint.
(3.) The opposite party/ British Airways, opposed the complaint, contending that British Airway is not represented by proper person, that the complaint is not maintainable, for non-joinder of Deepa Travels, who had booked the tickets, that visa was refused based upon Direct Aircide Transit Visa, requirement to transit UK, which came into force w.e.f.16.10.2003, and not on anyother grounds, which cannot be termed as negligent act, or deficiency in service, that the insistence of British Airways, requesting the complainant to obtain transit visa, cannot be construed as negligent act or deficiency in service, since the opposite party was always providing better facilities to the satisfaction of the passengers, praying for the dismissal of the complaint, denying other allegations in the complaint also.;