Shimla District Commission Holds MakeMyTrip And Its Relationship Manager Liable For Retention Of Amount Of A Cancelled Trip Due To Covid-19

Brief Facts:

Sh. Vatsal Agarwal (“Complainant”), during his annual leave in February 2020, planned a holiday tour for himself and his parents to the Andaman and Nicobar Islands. The Complainant approached MakeMyTrip to secure holiday packages for three individuals, and it agreed to provide the services for a total cost of Rs.1,69,677/- for a six-day duration, inclusive of "To and Fro" booking via Vistara Airlines. The Complainant received a booking voucher, including schedule details and air tickets, from MakeMyTrip.

On March 14, 2020, the Complainant received a WhatsApp message from the Relationship Manager of MakeMyTrip, informing him of the tour's cancellation due to the spread of the COVID-19 pandemic. Subsequently, the Complainant requested a refund through a WhatsApp conversation with the Business Account of MakeMyTrip. On April 16, 2020, MakeMyTrip, through email, informed the Complainant that Rs.99,679/- would be forfeited as a penalty, and the remaining amount would be compensated with a gift voucher. Later the penalty was reduced and the gift voucher was increased to Rs.89,000/-. The Complainant rejected this offer and insisted on a full refund but it was rejected by MakeMyTrip. After this, the Complainant sent a legal notice to MakeMyTrip and its Relationship Manager but didn't receive any reply of the same. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Shimla, Himachal Pradesh (“District Commission”).

MakeMyTrip in an affidavit submitted to the District Commission argued that the Complainant filed the present complaint by deliberately withholding material facts to mislead the District Commission, characterizing it as an abuse of the legal process. Further, the affidavit argued that upon receipt of the complaint notices, a settlement was reached between the parties. According to this settlement, MakeMyTrip purportedly made a payment of Rs.1,69,677/- to the Complainant. Additionally, it is mentioned that on September 8, 2020, MakeMyTrip communicated the settlement to the Complainant through email, urging the withdrawal of the complaint in accordance with the agreed terms.

Observations by the Commission:

The District Commission noted that MakeMyTrip had refunded Rs. 1,69,677/- to the Complainant and the matter had been settled. However, this refund was initiated only after legal proceedings were started before the District Commission. Therefore, the retention of the amount without any valid justification was determined as an unfair trade practice and deficiency in service by MakeMyTrip and its Relationship Manager.

Consequently, the complaint was allowed and MakeMyTrip was held liable to pay a compensation amount of Rs. 10,000/- for mental agony and harassment along with Rs. 5,000/- for litigation costs incurred by the Complainant.

Case Title: Vatsal Agarwal vs Make My Trip India and Others

Case No.: Complaint Case No. 63/2020

Advocate for the Complainant: Sandeep Dutta

Advocate for the Respondent: Attar Sumindkar