The District Consumer Commission-II, South Delhi ordered Malaysia Airlines to refund Rs 65,802 with interest for cancelled COVID-era tickets. MakeMyTrip was penalised for deficient service and misleading assurances after the consumer was shuttled between both companies for refunds.
NEW DELHI: The District Consumer Disputes Redressal Commission-II in South Delhi has mandated Malaysia Airlines to refund Rs 65,802 along with interest to a Delhi resident whose plans for international travel were disrupted when the flight tickets booked were canceled during the COVID-19 pandemic.
The commission also imposed costs on MakeMyTrip for inadequate service and for providing false assurances.
The commission criticized both MakeMyTrip and Malaysia Airlines for making the customer jump between the two companies regarding the refund before he ultimately sought relief from the consumer forum.
The commission noted,
“It is seen that the complainant was assured that he would receive the refund within sixty to ninety days, but as no refund was forthcoming, the complainant tried to avail the Ultimate Flexibility Ticket Change Policy and Open Ticket Flexibility Policy offered by OP-2 (Malaysia Airlines), but it was declined, indicating that he would have to approach OP-1 (MakeMyTrip),”
They found OP-2 (the airline) deficient in service for not allowing the complainant to directly book tickets to Bali, since it was OP-2 that had not refunded the amount to OP-1 (MakeMyTrip) and had instead provided alternative arrangements.
Factual Backgrounds:
Karan Pradeep filed the complaint against MakeMyTrip (India) Pvt Ltd and Malaysia Airlines over the cancellation of flight tickets purchased in October 2019 for travel between Delhi, Kuala Lumpur, and Manila in March 2020. Pradeep had bought two tickets as a wedding gift for Rs 65,802, with the journey planned between March 13 and March 21, 2020.
At the time, in response to the COVID-19 crisis and lockdown measures in the Philippines, Malaysia Airlines introduced an “Ultimate Flexibility Ticket Change Policy” that allowed unlimited date changes and other flexibilities.
According to the complaint, MakeMyTrip initially refused to address the request for rescheduling the flights, claiming ignorance of the airline’s flexibility policy. Eventually, the complainant accepted the cancellation after being assured of a full refund.
An email from MakeMyTrip dated March 19, 2020, confirmed that a refund of Rs 65,802 had been initiated and would be processed within sixty to ninety days. However, the refund was never received.
Subsequently, the complainant reported being shuffled between the airline and booking platform, with each holding conflicting views regarding refund and rebooking options.
MakeMyTrip contested the complaint based on limits and jurisdiction, arguing that the tickets were non-refundable and that the complaint had been filed beyond the two-year limitation period.
Observations of the District Consumer Commission
The district consumer commission rejected this argument, stating that in light of the Supreme Court’s suo motu extension of limitation during the pandemic, the complaint filed on November 29, 2023, was timely. It also established that territorial jurisdiction applied as the complainant resided within it.
On the merits of the case, the commission noted that while cancellations related to the pandemic were outside the airline’s control, they could not retain the payment when the passengers were not at fault.
The commission further determined that MakeMyTrip could not evade liability by branding itself as merely an intermediary, as the complainant had engaged its services and had been given specific assurances regarding refunds and rescheduling. It found that the complainant had been unfairly forced to navigate between the two parties for either a refund or alternate travel despite having paid the full fare.
It concluded,
“We are also of the opinion that OP-1 (MakeMyTrip) cannot wash off its liability by stating that it is merely a facilitator, as the complainant had used OP-1’s services to book tickets for OP-2’s airlines, which actually failed to facilitate the complainant. Even considering the COVID-19 situation, it was unfair for OP-1 and OP-2 to make the complainant shuttle between the two for his rightful refund or travel for which he had already paid,”
Thus, the commission ordered Malaysia Airlines to refund Rs 65,802 with interest at 6 percent per annum from March 13, 2020.
Additionally, it directed MakeMyTrip to pay Rs 25,000 for providing false assurances and deficient services. Both the airline and MakeMyTrip were also instructed to jointly and severally pay Rs 30,000 to Pradeep for mental anguish and harassment.
The order issued on February 2 stated that these amounts should be paid within three months; otherwise, they will accumulate interest at 8 percent per annum until fully realized.
Pradeep was represented by advocates Nirmal Goenka, Neha Rajpal, Anay Khandelwal, and Vikram Pradeep.
Case Title: Karan Pradeep vs. MakeMyTrip.
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