Consumer court orders Malaysia Airlines to refund customer for cancelled flight, also slaps costs on MakeMyTrip

The District Consumer Disputes Redressal Commission-II, South Delhi has directed Malaysia Airlines to refund ₹65,802 with interest to a Delhi resident whose international travel plans for his relatives were disrupted after the flight tickets he booked were cancelled amid the Covid-19 pandemic [Karan Pradeep Vs Make My Trip].

The commission has also imposed costs on MakeMyTrip for deficient service and making false assurances.

The commission further criticised both MakeMyTrip and Malaysia Airlines for making the customer shuttle between the two of them for the payment of a refund, before he was forced to approach the consumer forum for relief.

"It is seen that the complainant was assured that the he would receive the refund within sixty to ninety days but as no refund was forthcoming complainant tried to avail Ultimate Flexibility Ticket Change Policy and Open Ticket Flexibility Policy offered by OP-2 (Malaysia Airlines) but the same was declined stating that Complainant would have to approach via OP-1 (MakeMyTrip). OP-2 (the airline) is found to be deficient in service for not allowing the complainant to book tickets to Bali directly as it was OP-2 who had not refunded the complainant’s amount to OP-1 (MakeMyTrip) and had instead offered alternate arrangements," the commission noted.

The complaint was filed by Karan Pradeep against MakeMyTrip (India) Pvt Ltd and Malaysia Airlines over the cancellation of flight tickets booked in October 2019 for travel between Delhi, Kuala Lumpur and Manila in March 2020.

Pradeep had purchased two tickets for his brother and sister-in-law as a wedding gift for ₹65,802. The journey was scheduled between March 13 and March 21, 2020.

At the time, amid the rapid spread of COVID-19 and lockdown measures in the Philippines, Malaysia Airlines introduced an “Ultimate Flexibility Ticket Change Policy” offering unlimited date changes and other relaxations.

According to the complaint, despite repeated attempts, MakeMyTrip initially refused to entertain the request for rescheduling the flights, claiming it was unaware of the airline’s flexibility policy. The complainant later agreed to the cancellation of the PNR after being assured that a full refund would be initiated.

An email dated March 19, 2020, from MakeMyTrip stated that a refund of ₹65,802 had been initiated and would be processed within sixty to ninety days. However, no refund was received.

Subsequently, the complainant alleged that he was shuttled between the airline and the booking platform, with conflicting positions taken regarding refund and rebooking options.

MakeMyTrip contested the complaint on grounds of limitation and lack of jurisdiction. It argued that the tickets were non-refundable and that the complaint was filed beyond the two-year limitation period.

The district consumer commission rejected this argument, holding that in light of the Supreme Court’s suo motu extension of limitation during the pandemic period, the complaint filed on November 29, 2023, was within time. It also held that territorial jurisdiction was established as the complainant resided within its jurisdiction

On merits, the commission observed that while pandemic-related cancellations were beyond the airline’s control, the airline could not retain the amount paid when the passengers were not at fault.

It further held that MakeMyTrip could not avoid liability by describing itself as a mere intermediary, since the complainant had availed its services and was given specific assurances regarding refund and rescheduling. The commission found that the complainant had been unfairly made to run between the two entities for either a refund or alternate travel despite having paid the full fare.

"We are also of the opinion that OP-1(MakeMyTrip) cannot wash off its liability by stating that it is merely a facilitator as complainant had taken the services of OP-1 to book the tickets of OP-2’s airlines ,who actually failed to facilitate the complainant. Even if, we take into consideration the Covid 19 situation, it was unfair on behalf of OP-1 and OP-2 to make the complainant shuttle between the OPs for his rightful refund or travel for which he had already paid," it said.

The commission thus directed Malaysia Airlines to refund ₹65,802 with interest at 6 per cent per annum from March 13, 2020.

It also directed MakeMyTrip to pay ₹25,000 for giving false assurances and providing deficient service.

Additionally, both the airline and MakeMyTrip were directed to jointly and severally pay ₹30,000 to Pradeep towards compensation for mental agony and harassment.

The February 2 order added that the amounts are to be paid within three months, failing which they will carry interest at 8 per cent per annum until realization.

Pradeep was represented by Advocates Nirmal goenka, Neha Rajpal, Anay Khandelwal and Vikram Pradeep

[Read Judgment]