This Article is From Dec 03, 2012

Lufthansa to pay over Rs 1 lakh to flier for denying boarding

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New Delhi: Lufthansa Airlines has been asked by the national consumer commission to pay over Rs one lakh to a person for not allowing him to board a flight from Tusan in USA to New Delhi via Frankfurt on the ground that he did not have a transit visa for Germany.

The National Consumer Disputes Redressal Commission (NCDRC) ordered Lufthansa to pay the sum, dismissing its plea challenging the decision of the Rajasthan State Consumer Commission, which had upheld a district forum's order asking the airline to pay damages and an amount equivalent to the air fare to the flier.

The bench presided by Justice JM Malik rejected the German airlines' revision petition, saying "decision of the state commission in the impugned order is based on correct appreciation of evidence on record. No interference is called for... Consequently, revision petition is dismissed."

The state commission had upheld the forum's order relying on a letter written by Lufthansa to the Jaipur-based passenger, Sunil Kothari, admitting the visa was demanded due to some confusion and apologising for the same.

Mr Kothari, in his complaint to the district forum, had said he was not allowed to board the return flight to India on February 8, 2005 on the ground that he did not have a transit visa for Germany, whereas no such problem had occurred in his journey from New Delhi to Tusan via Munich earlier that month.

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He alleged he had to undertake additional expenses to return to India.

The airline, in its defence, had contended the incident occurred due to miscommunication between immigration officials and its partner airline, United Airlines, which had denied boarding to Mr Kothari.

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It had also said that on realising the mistake, Mr Kothari had been booked on another flight the very next day. However, the information regarding the re-booking could not be communicated to him, it had added.
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