The District Consumer Disputes Redressal Commission-II, South Delhi directed Malaysia Airlines to refund ₹65,802 with interest to a Delhi resident after cancellation of flight tickets during the COVID-19 pandemic. The Commission also fined MakeMyTrip for deficient service and misleading assurances.
In Karan Pradeep vs MakeMyTrip (India) Pvt Ltd & Malaysia Airlines, the complainant approached the consumer forum after facing repeated delays while seeking a refund from both the airline and the booking platform.
Despite assurances of a refund within 60–90 days, the complainant did not receive the amount. When he tried to use Malaysia Airlines’ “Ultimate Flexibility Ticket Change Policy” and “Open Ticket Flexibility Policy,” the airline refused and directed him back to MakeMyTrip.
The Commission noted that both parties failed to resolve the issue. It held the airline liable for not processing the refund and for denying rebooking options.
Background of the Dispute
In October 2019, Karan Pradeep booked two international tickets for travel between Delhi, Kuala Lumpur, and Manila. He purchased the tickets for ₹65,802 as a wedding gift for his relatives. The journey was scheduled between March 13 and March 21, 2020.
However, COVID-19 restrictions disrupted the travel plans. During this period, Malaysia Airlines introduced a flexibility policy allowing date changes.
Initially, MakeMyTrip refused to process rescheduling requests. It claimed it was unaware of the airline’s policy. Later, the complainant agreed to cancel the tickets after receiving assurance of a full refund.
On March 19, 2020, MakeMyTrip confirmed via email that it had initiated the refund. It stated that the amount would be processed within 60–90 days. However, the complainant never received the refund.
Objections on Limitation Rejected
MakeMyTrip challenged the complaint on limitation and jurisdiction. It argued that the tickets were non-refundable and that the complaint was filed beyond the prescribed period.
The Commission rejected these objections. It relied on the Supreme Court’s suo motu extension of limitation during the pandemic. As a result, it held that the complaint filed on November 29, 2023 fell within the limitation period.
Further, the Commission confirmed its territorial jurisdiction because the complainant resided within its limits.
Findings on Liability
The Commission clarified that the pandemic caused unavoidable disruptions. However, it emphasised that the airline could not retain the fare when passengers were not at fault.
It also rejected MakeMyTrip’s argument that it acted only as an intermediary. The Commission highlighted that the complainant relied on the platform’s services and assurances.
According to the Commission, both parties acted unfairly by forcing the complainant to move between them for a refund.
Directions Issued
The Commission issued the following directions:
- Malaysia Airlines must refund ₹65,802 with 6% interest from March 13, 2020
- MakeMyTrip must pay ₹25,000 for deficient service and false assurances
- Both parties must jointly pay ₹30,000 as compensation for mental agony
The Commission ordered compliance within three months. If the parties fail to pay within this period, the amount will carry 8% interest per annum until realization.
Representation
Advocates Nirmal Goenka, Neha Rajpal, Anay Khandelwal, and Vikram Pradeep represented the complainant.
