Kerala Consumer Forum Orders MakeMyTrip To Compensate Couple For Cancellation Of Travel Package Due To VISA Rejection

The Bench comprising President D.B. Binu and Members Ramachandran V and Sreevidhia T.N observed that VISA application was rejected due to the deficiency in service of MakeMyTrip.

“Since the visa was refused due to the deficiency in service of the opposite party, the opposite parties are liable to refund the entire loss suffered by the complainant. The complainants had to suffer huge mental agony, pain and other hardships due to the deficient action of the opposite parties. Hence the opposite parties are liable to compensate the complainants for the deficiency in service.”

The complainant and wife were planning to avail a travel package organized by MakeMyTrip India Pvt. Ltd. to Athens, Greece. The name of their travel package was ‘Best of Greece 2018 (without air)’. The travel package of seven days and eight nights, costed rupees Rs.1,44,879 to be paid in two instalments. Booking was done, both instalments were also paid and VISA application was also submitted. However, VISA application of the complainant and his wife were rejected for the reason that the details provided for purpose and conditions of intended stay was unreliable. Their trip was cancelled and they sought for refund of money from Make My Trip.

MakeMyTrip India argued that the authorities of the company cannot be made personally liable. It was also argued that the Consumer Forum at Ernakulam lacks jurisdiction to entertain the compliant. It was also contended that MakeMyTrip India Pvt. Ltd. was only a facilitator and they cannot be made liable for rejection of VISA application.

The Commission observed that since booking amount was paid through a bank in Ernakulam via online transfer, a part of cause of action arose within its jurisdiction and the compliant was maintainable. It held that deficiency of service occurred from the side of MakeMyTrip India Pvt. Ltd. due to which VISA application was rejected as the information supplied was unreliable regarding their purpose and conditions of the trip.

“ The tour of the complainants was cancelled due to the rejection of the visa of the complainants. As per Exbt.A6, the visa of the complainants is rejected due to the reason that information regarding the justification for the purpose and conditions of the intended stay was not reliable.”

The Commission thus ordered refund of entire amount to the complainant that was paid for the travel package and VISA processing charges. It also ordered compensation of Rs. 50,000 for deficiency of service and awarded Rs 5,000 as litigation cost.

Case title: Jijo John K v M/S Make My Trip India Pvt. Ltd.

Case number: Complaint Case No. CC/19/47

Click here to download/read Order