Mumbai: Consumer commission dismisses transgender person's complaint against UAE consulate

Mumbai, May 19 (PTI) A consumer redressal commission here has dismissed a transgender person's complaint against the United Arab Emirates (UAE) Consulate General in Mumbai for denying her entry into Dubai despite issuing a visa.

The Additional Mumbai Suburban District Consumer Disputes Redressal Commission, in its recent order, said the scope of Consumer Protection Act, 2019 is limited to the jurisdiction of Indian territory and the UAE Consulate, being a sovereign authority of another country, falls outside this jurisdiction.

It also said issuing a visa is a sovereign process and cannot be considered a deficiency in purpose or service.

The complainant, a transgender person, and others had booked a five-day tour through a travel agency, which organised the entire process, including visa, medical, insurance ticket, hotel booking. The name of the agency was later removed from the complaint after reaching a settlement.

On February 1, 2024, the complainant and others arrived in Dubai, where the visa checking officer stopped them saying transgender persons are not allowed entry into Dubai.

The complainant, who was compelled to purchase an immediate return flight to Mumbai, had sought a public apology from the UAE Consulate, a refund of Rs 1,40,543 for the return flight, Rs 5,19,719 for the Dubai tour package, Rs 20 lakh as compensation for mental harassment as well as Rs 10,000 for litigation costs.

The consumer commission proceeded ex parte against the UAE Consulate, which did not appear or submit a written statement despite receiving notice.

After going through the documents on record, the commission noted that even though UAE authorities issued a valid visa to the complainant, Dubai immigration officials can deny entry to a transgender person.

"After arrival at the airport, entry decisions are made at the discretion of immigration officers, and holding a visa does not guarantee entry into the concerned country. Granting visa, despite having rules against issuing it to transgender people, can be seen as incorrect information or negligence," the commission said in its order.

However, whether a consumer complaint is maintainable or not depends on laws and legal system of the country where the complaint is filed, it said.

The commission said even though the visa service includes fees, a direct claim or complaint cannot be filed against the Embassy under the Consumer Protection Act, whose scope is limited to Indian territory.

"Consequently, it is our opinion that the complainant does not qualify as a consumer of Opposite Party No 1 (UAE Consulate General) and the act of denying entry to a transgender person does not constitute a deficiency in service. Therefore, the complainant is not entitled to the relief sought in the complaint," it said. PTI AVI BNM