New Delhi, March 3 A Delhi consumer forum has directed Malaysia Airlines to refund Rs 65,802 along with interest to a city resident whose relatives' travel plans were disrupted following the cancellation of tickets during the Covid pandemic.
The Delhi District Consumer Disputes Redressal Commission also imposed costs on MakeMyTrip for deficient service and for giving false assurances regarding the refund and rescheduling of tickets.
The commission, presided over by president Monika A Shrivastava with member Kiran Kaushal, was hearing a complaint filed by Karan Pradeep against MakeMyTrip and Malaysia Airlines over the cancellation of tickets booked in October 2019 for travel between Kuala Lumpur and Manila from Delhi in March 2020.
Pradeep had purchased two tickets worth Rs 65,802 as a wedding gift for his brother and sister-in-law for travel between March 13 and March 21, 2020.
However, amid the rapid spread of Covid and lockdown measures in the Philippines, the travel plans were disrupted.
The complainant alleged that despite Malaysia Airlines introducing an "Ultimate Flexibility Ticket Change Policy" allowing date changes and relaxations, MakeMyTrip initially refused to reschedule the tickets, claiming that it was unaware of the airline's policy.
He later agreed to cancel the booking after being assured that a full refund would be processed within 60 to 90 days.
An email dated March 19, 2020, from MakeMyTrip stated that the refund had been initiated. However, the amount was not received, the complaint said.
Pradeep further alleged that he was made to approach both the airline and the booking platform for the refund, with each shifting responsibility to the other.
MakeMyTrip contested the complaint, arguing that the tickets were non-refundable and that the plea was barred by limitation.
The commission rejected the objection, holding that in view of the Supreme Court's suo motu extension of limitation during the pandemic, the complaint filed on November 29, 2023, was within time.
On merits, the commission observed that while pandemic-related cancellations were beyond the airline's control, the airline could not retain the amount when the passengers were not at fault.
It also held that MakeMyTrip could not evade liability by claiming to be a mere intermediary, as the complainant had availed its services and was given specific assurances regarding refund and rescheduling.
"This Commission is of the view that Opposite party-2 (Malaysia Airlines) had no option but to cancel the flights. However, OP-2 cannot be allowed to retain the amount paid by the complainant for the flight tickets as it is not the case that the complainant's brother and sister-in-law were at fault for not boarding the flight," the commission said in an order dated February 2.
The commission directed Malaysia Airlines to refund Rs 65,802 with interest at six per cent per annum from March 13, 2020.
"We are also of the opinion that Opposite Party-1 (MakeMyTrip) cannot wash off its liability by stating that it is merely a facilitator as the complainant had taken the services of Opposite Party-1 to book the tickets of Opposite Party-2 (Malaysia airlines),who actually failed to facilitate the complainant," the commission said.
MakeMyTrip was directed to pay Rs 25,000 for deficient service and false assurances.
Both entities were further directed to jointly and severally pay Rs 30,000 towards compensation for mental agony and harassment.
The Delhi District Consumer Disputes Redressal Commission also imposed costs on MakeMyTrip for deficient service and for giving false assurances regarding the refund and rescheduling of tickets.
The commission, presided over by president Monika A Shrivastava with member Kiran Kaushal, was hearing a complaint filed by Karan Pradeep against MakeMyTrip and Malaysia Airlines over the cancellation of tickets booked in October 2019 for travel between Kuala Lumpur and Manila from Delhi in March 2020.
Pradeep had purchased two tickets worth Rs 65,802 as a wedding gift for his brother and sister-in-law for travel between March 13 and March 21, 2020.
However, amid the rapid spread of Covid and lockdown measures in the Philippines, the travel plans were disrupted.
The complainant alleged that despite Malaysia Airlines introducing an "Ultimate Flexibility Ticket Change Policy" allowing date changes and relaxations, MakeMyTrip initially refused to reschedule the tickets, claiming that it was unaware of the airline's policy.
He later agreed to cancel the booking after being assured that a full refund would be processed within 60 to 90 days.
An email dated March 19, 2020, from MakeMyTrip stated that the refund had been initiated. However, the amount was not received, the complaint said.
Pradeep further alleged that he was made to approach both the airline and the booking platform for the refund, with each shifting responsibility to the other.
MakeMyTrip contested the complaint, arguing that the tickets were non-refundable and that the plea was barred by limitation.
The commission rejected the objection, holding that in view of the Supreme Court's suo motu extension of limitation during the pandemic, the complaint filed on November 29, 2023, was within time.
On merits, the commission observed that while pandemic-related cancellations were beyond the airline's control, the airline could not retain the amount when the passengers were not at fault.
It also held that MakeMyTrip could not evade liability by claiming to be a mere intermediary, as the complainant had availed its services and was given specific assurances regarding refund and rescheduling.
"This Commission is of the view that Opposite party-2 (Malaysia Airlines) had no option but to cancel the flights. However, OP-2 cannot be allowed to retain the amount paid by the complainant for the flight tickets as it is not the case that the complainant's brother and sister-in-law were at fault for not boarding the flight," the commission said in an order dated February 2.
The commission directed Malaysia Airlines to refund Rs 65,802 with interest at six per cent per annum from March 13, 2020.
"We are also of the opinion that Opposite Party-1 (MakeMyTrip) cannot wash off its liability by stating that it is merely a facilitator as the complainant had taken the services of Opposite Party-1 to book the tickets of Opposite Party-2 (Malaysia airlines),who actually failed to facilitate the complainant," the commission said.
MakeMyTrip was directed to pay Rs 25,000 for deficient service and false assurances.
Both entities were further directed to jointly and severally pay Rs 30,000 towards compensation for mental agony and harassment.
