Chandigarh District Commission Holds Go Airlines, MakeMyTrip Liable For Failure To Refund Extra Expenses After Rescheduling Flight

Brief Facts:

The Complainant booked four air tickets to travel on Go Airlines from MakeMyTrip (“MMT”). The departure was from New Delhi on 1st April 2023, with arrival in Phuket (Thailand). For his stay, the Complainant also made hotel reservations through MMT and Agoda Travel Company. On 10th March 2023, Go Airlines informed the Complainant that the flight had been cancelled due to operational reasons. He was offered another flight on the same day with a delay of around 4 hours. However, this rescheduled flight was cancelled as well. The Complainant was then provided with an alternative flight scheduled to depart on 2nd April 2023.

Due to these cancellations and rescheduling, the Complainant incurred extra expenses up to Rs. 9,000/-. He had to pay extra to reschedule his stay in Krabi, and he could not use the hotel booking in Phuket on 3rd April 2023. Dissatisfied with the service, he sent a legal notice to both MMT and Go Airlines. Despite this, his grievances were not addressed. Feeling aggrieved, he filed a complaint in the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (“District Commission”).

In response, MMT contended that it acted as a mere facilitator between the customer and the airlines. It further argued that the Complainant himself agreed to the terms and conditions at the time of the booking. On the other hand, Go Airlines did not appear before the District Commission. Therefore, it was proceeded against ex-parte.

Observations of the Commission:

At the outset, the District Commission observed that the Complainant provided clear evidence to show that he incurred an additional amount for rescheduling his hotel stay. Due to the cancellation of the flight, his family could not use the hotel room on the night of 3rd April 2023. Therefore, the District Commission held that the Complainant was entitled to a proportional amount of Rs. 6,384/- along with Rs. 2,516 for the rescheduled stay at Krabi.

The District Commission further held MMT and Go Airlines liable for deficiency in service and unfair trade practices for their failure to refund these amounts to the Complainant. MMT's defence of being an intermediary facilitator was also dismissed.

Resultantly, the District Commission directed Go Airlines and MMT to pay Rs. 8,900/- to the Complainant with 9% interest. Additionally, they were directed to pay Rs. 10,000 as compensation for mental agony and litigation costs.

Case Title: Amit Kohar vs MakeMyTrip and Anr.

Case No.: CC/206/2023

Advocate for the Complainant: None (Complainant in Person)

Advocate for the Opposite Party: Shri Gaurav Deep Goel (for MMT)

Date of Pronouncement: 01.10.2024