Bengaluru District Commission Holds MakeMyTrip Liable For Failure To Refund Unfinished Transaction Amount, Orders Refund, Compensation And Litigation Costs

Brief Facts:

Ms Anita Kachroo (“Complainant”) booked a travel journey with Air India through MakeMyTrip on 09.11.2022 for her parents, who were travelling from Bengaluru to Jammu to attend a relative's marriage. The bookings were made for the onward journey on 30.11.2022 and the return journey on 05.12.2022, with a payment of Rs. 44,086/- made through the Complainant's ICICI Bank credit card. However, the Complainant did not receive the booking ID, e-ticket, or SMS confirmation for this reservation.

Upon discovering the absence of confirmation, the Complainant promptly contacted the customer service of MakeMyTrip who told her that the transaction wasn't complete and it failed. The customer service assured the Complainant that the amount of Rs.44,086/- debited from the ICICI Bank credit card would be refunded within 15 days. Following a lapse of 15 days from the date of the initial booking, the Complainant did not receive the promised refund of Rs.44,086/-. To resolve the matter, the Complainant contacted MakeMyTrip and Air India through telephone but didn't receive a satisfactory response. When she contacted MakeMyTrip, this time they responded that they did not receive any amount about the booking and suggested the Complainant to contact the bank to inquire about the deduction from her account.

Despite the Complainant's efforts, contacting both ICICI Bank and the service provider to address the dispute, the issue remained unresolved. In response to the continued non-compliance, the Complainant issued a legal notice, demanding a refund of Rs.44,086/-. Even after the notice, MakeMyTrip failed to refund the booking amount. In light of the actions of MakeMyTrip and the persistent lack of resolution, the aggrieved Complainant chose to file a consumer complaint before the IV Additional District Consumer Disputes Redressal Commission, Bengaluru (“District Commission”).

Observations by the Commission:

The District Commission noted that despite confirming the receipt of Rs. 44,086/-, MakeMyTrip failed to refund the amount to the Complainant, leading to mental agony, financial loss, and inconvenience. The District Commission noted that the Complainant made considerable efforts to obtain a refund, including email communications and legal notices but MakeMyTrip paid no heed to it. The District Commission held that it was evident from the transaction that MakeMyTrip was obligated to refund the entire booking amount to the Complainant due to its deficient service and negligence.

Consequently, the District Commission held MakeMyTrip liable for deficiency in service and unfair trade practices and directed it to pay Rs. 44,086/- to the Complainant and pay a compensation of Rs. 10,000/- towards deficiency and Rs. 5,000/- for the litigation costs incurred by the Complainant.

Case Title: Anita Kachroo vs MakeMyTrip

Case No.: C.C.No.127/ 2023

Advocate for the Complainant: M.R. Manoj Kumar

Advocate for the Respondent: Rishabha Raj Thakur