Chandigarh District Commission Holds Yatra Online And British Airways Liable For Abrupt Flight Cancellation, Failure To Provide Alternatives, And Withholding Refund
The Chandigarh District Consumer Disputes Redressal Commission bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Yatra Online Private Limited and British Airways for their failure to inform the complainant of flight cancellation on time. It noted that on the abrupt cancellation of the scheduled flight, British Airways failed to make alternative arrangements...
The Chandigarh District Consumer Disputes Redressal Commission bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Yatra Online Private Limited and British Airways for their failure to inform the complainant of flight cancellation on time. It noted that on the abrupt cancellation of the scheduled flight, British Airways failed to make alternative arrangements for the complainant and his family members. Additionally, Yatra Online withheld the refund amount with themselves.
Brief Facts:
Dr. G.S. Arora and his family members had booked a flight ticket through Yatra Online Private Limited with the journey spanning from Geneva to London to Delhi for Rs. 59,787/-. The scheduled departure date for the flight was December 19, 2020. However, upon arriving at Geneva Airport on the said date, they were informed that the flight had been cancelled without prior notice. This abrupt cancellation left the complainant in a state of shock. Despite the flight's cancellation, Yatra Online and British Airways failed to make any arrangements for an alternative flight, forcing the complainant to bear high expenses during their stay in Switzerland. As a result, the complainants filed a case in the District Consumer Disputes Redressal Commission, Chandigarh (“District Commission”). The complainants alleged that despite their repeated requests Yatra Online refused to refund the ticket amount. The complainants argued that these actions amounted to a deficiency in service and unfair trade practices.
On the other hand, Yatra Online contended that it merely acts as an intermediary between customers and service providers (airlines) and does not have control over the operational aspects of the service providers. They emphasized that any issues about flight schedule changes, cancellations, or refunds fall squarely within the purview of the airlines. They maintained that they should not be held liable for the actions of the airlines, as these are beyond their control.
Similarly, British Airways PLC acknowledged the fact of flight cancellation but asserted that they had duly informed the travel agent about it. They claimed that they had made efforts to rebook the complainant on alternative British Airways flights. However, to confirm these alternative bookings, they required authorization, which was not provided either by Yatra or the complainants. It argued that the complaint should not be deemed maintainable against them, as they had processed a full refund of the ticket amount to Yatra, who was responsible for passing on the refund to the complainants.
Observations by the Commission:
The District Commission noted that British Airways PLC had not promptly assisted in the form of an alternative flight for the complainant, who was compelled to seek solutions independently, incurring additional expenses.
A crucial piece of evidence revealed that Virgin Atlantic had refunded the amount of Rs. 58,708/- to the booking agent Yatra Online on January 27, 2022. Significantly, the complaint in question was filed on April 30, 2021. Despite these circumstances, Yatra Online remained silent throughout the proceedings, retaining the refunded amount, and subsequently filed a reply along with an affidavit alleging that the disputed amount should be refunded by British Airways. The District Commission deemed this concealment of crucial information in the reply, supported by an affidavit, to be a case of false evidence on the part of Yatra Online.
Additionally, the District Commission concluded that British Airway’s failure to inform the complainants promptly and their subsequent failure to provide an alternative flight constituted a deficiency in service.
Consequently, the District Commission directed Yatra Online Private Limited to refund Rs. 58,708/- to the complainants with interest at 9% per annum from the date when it received the said amount from British Airways, i.e., on January 27, 2022, onwards. It was also instructed to pay Rs. 15,000/- to the complainants as compensation for causing mental agony and physical harassment. British Airways PLC was directed to pay compensation of Rs. 15,000/- to the complainants for causing mental agony and physical harassment.
Case Title: Dr. G S Arora vs Yatra Online Pvt. Ltd.
Case No.: CC/293/2021
Advocate for the Complainant/Respondent: Sukhwinder Singh Sudan
Advocate for the Appellant/Insurance Company: Sh. Dixit Garg, Advocate for OP No.1. Sh. Shashank Shekhar Sharma, Advocate for OP No.2.
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