Chandigarh District Commission Holds Turkish Airlines Liable For Failure To Refund Amount For Cancelled Flight During Covid-19

Brief Facts:

Mrs. Annie Gupta (“Complainant”) booked air tickets for herself, her husband, her daughter, and her sister-in-law through Goibibo, with Turkish Airlines, for travel from New Delhi to Athens and return, by paying Rs. 1,40,466/-. Due to the COVID-19 pandemic and the subsequent lockdown imposed by the Government of India, the Airlines extended the travel date on the tickets until 31.12.2021. Planning a trip in October-November 2021, the Complainant found that entry to Greece from India was not allowed to her and her family members. The Complainant requested the Airlines to either extend the ticket validity or provide a refund but she didn't receive any satisfactory response from the Airlines. Feeling aggrieved, the Complainant approached District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (“District Commission”) and filed a consumer complaint against Goibibo and the Airlines.

The Airlines didn't appear before the District Commission for proceeding. However, Goibibo argued that it pursued the airline to process the applicable refund, and despite directions, the airline provided an Open Ticket. Goibibo contended that it duly informed the Complainant about this option. The Complainant, however, did not utilize the Open Ticket and later sought a refund from Goibibo. It asserted that the airline eventually refunded Rs.93,888/- and Rs.44,135/- on 12.1.2022 (two months after the Complainant approached the District Commission), after deducting applicable K3 Tax. Goibibo asserted that its role was limited to providing booking and facilitating the refund, with the actual liability resting with the airlines.

Observations by the District Commission:

The District Commission noted that the Complainant acknowledged receiving Rs. 1,38,151/- from the airline as of 24.2.2022, which was slightly less than the total cost of the air tickets, amounting to Rs. 1,40,466/-. This left a balance amount of Rs. 2315/-. Further, it noted that the air tickets could not be utilized due to the Embassy of Greece denying entry to travellers from India. Considering this circumstance, the District Commission held that since the air tickets were neither utilized nor extended invalidity by the airline, a full refund of the air tickets' cost should have been made without any deductions. The deduction of Rs. 2315/- from the air ticket cost was held to be unjustified. Therefore, the District Commission held the airline liable for deficiency in services and unfair trade practices,

Consequently, the District Commission directed the airline to refund the remaining balance amount of Rs. 2315/- to the Complainant. Additionally, the airline was instructed to pay a lump sum amount of Rs. 10,000/- to the Complainant as compensation for the harassment and loss suffered, which included litigation costs.

The District Commission dismissed the complaint against Goibibo

Case Title: Annie Gupta vs Turkish Airlines and Anr.

Case Number: Consumer Complaint No. 863 of 2021

Advocate for the Complainant: Ravi Inder Singh

Advocate for the Respondent: Ms Kusum Kaushik, Counsel for OP No. 2