Consumer court in Gujarat fines Lufthansa Rs.1 lakh for not informing passenger about Schengen Visa

On February 23, 2022, Yadav booked a flight from Mumbai to Toronto, with travel planned for April 13, 2022. His travel route included a flight from Mumbai to Munich, a connection to Frankfurt, and ultimately arriving in Toronto. After he was stopped at the airport, Yadav had to purchase another ticket at the last minute on an Emirates flight to Toronto via Dubai on April 14, 2022, paying Rs1,70,576.

Returning to the case, Yadav lodged a complaint with the Gandhinagar District Consumer Dispute Redressal Commission, alleging that Lufthansa engaged in unfair trade practices by not informing him of the necessary visa requirements for his layover.

In the meantime, Lufthansa maintained its stance by asserting that it was the passenger’s duty to secure the visa and that the ticket was non-refundable. The airline further contended that Yadav had independently cancelled the ticket, a position that the court ultimately dismissed.

Yadav sought reimbursement of Rs 67,612 for a ticket and an additional Rs 1,70,576 for a second ticket he had to purchase from another airline after being denied boarding on his initial flight.

The commission has instructed Lufthansa to compensate Yadav with Rs 1 lakh for the mental distress he experienced, in addition to refunding Rs 67,612 for the unused ticket. Moreover, the airline is required to pay an interest rate of 8 percent on the refund, starting from the date the complaint was filed. This compensation must be processed within 30 days of the certified copy of the judgment being received, as outlined in the report.

A Schengen visa allows non-EU citizens to enter and stay in any Schengen area country for short visits of up to 90 days within a 180-day period. Various types of Schengen visas exist for different purposes.