A District Consumer Disputes Redressal Commission in Chandigarh recently imposed a fine of ₹19,000 on online travel booking platform MakeMyTrip and Go First airlines after noting a case of deficiency in service on their part. In the instant case, the complainant Amit Kohar lodged a consumer complaint against MakeMyTrip and Go Airlines Under Section 35 of Consumer Protection Act, 2019. The dispute arose from issues related to booking of international flight tickets and hotel accommodations for a family trip from New Delhi to Phuket, Thailand.
The complainant booked international tickets on 24.1.2023 for himself, his wife and two minor children from New Delhi to Phuket (Thailand) with departure time at 1:00 a.m. on 1.4.2023 from Delhi and arrival time at Phuket at 7.00 a.m. with return ticket from Phuket to New Delhi with departure time from Phuket 13:30 p.m. and arrival at Delhi at 16:35 p.m. on 7.4.2023. As per the booking schedule, the complainant had also booked international hotel in Phuket (Thailand) on 17.2.2023 from Agoda Travel company for 4 nights stay from 3.4.2023 to 7.4.2023 by paying a sum of Rs.25,534/- to AGODA through credit card and also booked two nights stay from 1.4.2023 to 3.4.2023 in Krabi from MakeMyTrip by paying a sum of Rs.15,726/- through credit card.After about one and half month of booking the complainant received a telephone call from Go airlines intimating the complainant that the booking has been cancelled for 1.4.2023 due to operational reasons. However, later on option was given to the complainant by the airline company for rescheduling of the flight for 1.4.2023 with delay of 3 hours 40 minutes with new timings of 4.40 a.m. as departure time from New Delhi and arrival timing 10:45 a.m. to Phuket. Again the said booking was also cancelled by the airline company who had again provided an alternative flight to the complainant for 2.4.2023 and the airlines tickets were confirmed for the said date by issuing fresh tickets Due to the aforesaid cancellation and re-scheduling of the flights the complainant allegedly incurred additional costs, including a rescheduled hotel stay and a charge for a night that could not be availed in Phuket.
In its defence, Make My Trip argued that the online travel aggregator is merely an intermediary for booking and that the pricing and service issues are beyond its control. They also contended that the complainant had agreed to the terms and conditions, including the non refundable nature of certain fees.
The commission found that the complainant had suffered due to cancellations and rescheduling of flights, which constituted deficiency in service. Relying on the evidence presented by the complainant, the Consumer Forum directed MakeMyTrip and Go First to jointly refund to pay ₹8,900/-(Rs.6384+Rs.2516/-)to the complainant alongwith interest @ 9% per annum (simple) from the date of institution of the present consumer complaint till onwards. Additionally the forum also ordered the companies to pay lump-sum amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment and towards the cost of litigation. It was also made clear that the payment was to be made within 45 days, failing which penal interest would apply.
The forum reiterated that the opposite parties, MakeMyTrip and Go Airlines are duty bound to provide service to the consumer as stated under The Consumer Protection (E-Commerce) Rules, 2020.
Every e-commerce entity shall effect all payments towards accepted refund requests of the consumers as prescribed by the Reserve Bank of India or any other competent authority under any law for the time being in force, within a reasonable period of time, or as prescribed under applicable laws, says Rule 4 of (The Consumer Protection E-Commerce) Rules, 2020.
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