The Additional Mumbai Suburban District Consumer Disputes Redressal Commission has dismissed a complaint filed by a transgender woman who was denied entry into Dubai despite possessing a valid visa. The complaint was filed against the Consulate General of the United Arab Emirates (UAE) in Mumbai and a travel agency that had arranged the visa and tour.
The Commission, in its recent order, held that the issuance and regulation of visas is a sovereign function and therefore cannot be subjected to proceedings under the Consumer Protection Act. It further clarified that even if a civil suit were to be considered against the UAE Consulate, prior permission from the Government of India is mandatory.
“Even though the visa process comes at a heavy price, there cannot be a direct case initiated against the Consulate General of the United Arab Emirates. The issuance of visa is a sovereign process and cannot be held accountable for deficiency in service,” the Commission noted. It added, “The Consumer Protection Act can only be enforced on Indian soil, not on foreign territory.”
According to the complaint, the trans-woman along with a group had booked a five-day Dubai tour through a Mumbai-based travel agency in early 2024. The package included visa facilitation, medicals, insurance, air tickets, and hotel bookings. The group departed for Dubai on February 1, 2024. Upon arrival, the complainant was reportedly stopped by immigration authorities at the Dubai airport and informed that transgender individuals are not permitted entry.
The trans-woman was forced to purchase a return ticket to Mumbai on the same day.
Alleging mental harassment and discrimination, the complainant sought a public apology from the UAE Consulate, a refund of ₹1,40,543 for the return flight, ₹5,19,719 for the unused tour package, ₹20 lakh as compensation for mental trauma, and ₹10,000 towards litigation costs.
The Commission proceeded ex parte against the UAE Consulate, as it neither appeared before the forum nor submitted any response despite receiving notice.
After reviewing the documents on record, the Commission acknowledged that although the complainant had been issued a valid visa, immigration authorities in Dubai retain the discretion to deny entry, and the act does not amount to a deficiency in service under the Consumer Protection Act.
