The District Consumer Disputes Redressal Commission-II, South Delhi, has directed Malaysia Airlines to refund ₹65,802 with interest to a Delhi resident. His relatives could not travel after the tickets were cancelled during the Covid-19 pandemic.
The Commission also imposed costs on MakeMyTrip for deficient service and false assurances. The case is titled Karan Pradeep vs MakeMyTrip.
The Commission said the airline and the booking platform made the consumer run from one to the other for a refund. This pushed him to approach the consumer forum.
The Commission noted that MakeMyTrip assured the complainant of a refund within 60–90 days. When the refund did not come, he tried to use Malaysia Airlines’ “Ultimate Flexibility Ticket Change Policy” and “Open Ticket Flexibility Policy”. The airline declined and asked him to approach MakeMyTrip instead. The Commission held that the airline failed to resolve the issue and did not refund the amount to MakeMyTrip.
Background of the dispute
Karan Pradeep filed the complaint against MakeMyTrip (India) Pvt Ltd and Malaysia Airlines after cancellation of tickets booked in October 2019. The itinerary covered Delhi–Kuala Lumpur–Manila, with travel scheduled between March 13 and March 21, 2020.
Pradeep said he bought two tickets for his brother and sister-in-law as a wedding gift. He paid ₹65,802.
During pandemic restrictions in the Philippines, Malaysia Airlines announced flexibility policies. Pradeep said MakeMyTrip first refused to help with rescheduling. It claimed it did not know about the airline’s flexibility policy.
Pradeep later agreed to cancellation after MakeMyTrip promised a full refund.
On March 19, 2020, MakeMyTrip emailed him that it had initiated a refund of ₹65,802. It said he would receive the amount within 60–90 days. Pradeep said he never received the refund. He also said both parties kept shifting responsibility to each other.
Limitation and jurisdiction objections rejected
MakeMyTrip objected on limitation and territorial jurisdiction. It also claimed the tickets were non-refundable. It said Pradeep filed the complaint beyond the two-year limitation period.
The District Consumer Commission rejected the limitation objection. It relied on the Supreme Court’s suo motu extension of limitation during the pandemic. It held that the complaint filed on November 29, 2023 was within time.
The Commission also accepted territorial jurisdiction. It noted that the complainant lived within its jurisdiction.
Findings on deficiency and liability
The Commission noted that the pandemic caused widespread disruption. However, it held that the airline could not retain the fare when the passengers were not at fault.
The Commission also held that MakeMyTrip could not escape liability by calling itself a facilitator. It noted that the complainant used MakeMyTrip’s services to book the tickets. It also relied on the assurances given to him about refund and rescheduling.
The Commission said both parties acted unfairly. It found that they made the complainant shuttle between them for a refund or alternate travel, even after he paid the full fare.
Directions issued
The Commission directed Malaysia Airlines to refund ₹65,802 with 6% interest per annum from March 13, 2020.
It also directed MakeMyTrip to pay ₹25,000 for deficient service and false assurances.
The February 2 order said the parties must pay the amounts within three months. If they fail, the amounts will carry 8% interest per annum until realization.
Pradeep was represented by Advocates Nirmal Goenka, Neha Rajpal, Anay Khandelwal, and Vikram Pradeep.
