Bangalore District Commission Holds Air India, Cleartrip Liable For Failure To Inform Cancellation Of Flight

Brief Facts:

The Complainants purchased five tickets for an Air India flight from Bangalore to Maldives, scheduled for May 15, 2023, through the online booking portal Cleartrip. They paid a total of Rs. 46,580/- for these tickets. On the day of the flight, they attempted to check in online at 8:00 am but were unsuccessful. After contacting Cleartrip, they were advised to check in at the Bangalore airport. Upon arrival, the Air India counter personnel informed them that the flight was cancelled.

The Complainants requested to be accommodated on an alternative flight, but Air India personnel stated that Air India had no agreements with other airlines and could not provide an alternative. They were promised a full refund of Rs. 46,580/-, which was endorsed on their tickets with an Air India seal and signature. The Complainants argued that neither Air India nor Cleartrip informed them about the flight cancellation in advance. This lack of communication prevented them from seeking alternative arrangements.

The Complainants discovered an Indigo flight departing at 1:05 pm on the same day to Maldives. They purchased tickets for this flight at the airport, making two Google payments of Rs. 1,06,660/- each. Despite repeated communications through phone and email with both Air India and Cleartrip, neither company refunded the Air India ticket amount nor the cost of the Indigo flight tickets. Feeling aggrieved, the Complainant filed a consumer complaint in the Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban, Karnataka (“District Commission”) against Air India and Cleartrip.

In response, Air India stated that the Complainants booked the tickets through Cleartrip which issued the tickets and collected the payment. Air India claimed that there was no flight scheduled to Maldives on May 15, 2023, at 2:05 pm, as they suspended operations on this route from April 14, 2023. It presented a document showing the suspension of flights effective from March 26, 2023. Air India argued that it stamped the tickets for a refund and had refunded the amount to Cleartrip.

Cleartrip didn't appear before the District Commission for proceedings.

Observations by the District Commission:

The District Commission held that both Cleartrip and Air India failed to notify the Complainants promptly about the cancellation of their flight. The District Commission noted that Air India claimed to have refunded the cancelled ticket amount to Cleartrip, but no evidence was presented to show that the refund was received by the Complainants.

Therefore, the District Commission held that these actions constituted a deficiency in service on the part of both Cleartrip and Air India. Consequently, the District Commission directed Cleartrip and Air India to jointly and severally pay Rs. 1,06,660/- with 9% interest to the Complainants. Additionally, they were directed to pay a compensation of Rs. 20,000/- for the inconvenience and mental agony suffered by the Complainants, along with Rs. 10,000/- to cover the cost of litigation.

Case Title: Sujana Sathendran and ors vs Clear Trip Pvt Ltd and Anr.

Case Number: 162/2023

Date of Order: 14.06.2024

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