Consumer Can’t File Complaint Against Air Asia After Refund Was Initiated, Chandigarh Commission Dismisses Complaint

Recently, the Chandigarh District Consumer Disputes Redressal Commission-I bench comprising of Pawanjit Singh (President) and Surjeet Kaur (Member) dismissed a complaint filed against Air Asia Airlines and Make My Trip for refund of ticket money after the cancellation of the flight. The bench dismissed the complainant noting that the refund had been processed prior to the filing of the complaint renders the complainant ineligible to maintain the status of a consumer with a valid grievance. Brief Facts: Amit Sharma (“Complainant”) booked an online flight ticket from Make My Trip website on 25.11.2019 to travel from Delhi Airport to Hyderabad Airport for a sum of Rs.3,978/-. He alleged that a day before the scheduled departure, on 7.12.2019, the Air Asia Airlines and Make My Trip intimated him via email about the cancellation of the flight. As a result, he had to book another flight at a cost of nearly Rs.8,526/-. Claiming deficiency in service and unfair trade practice, the complainant filed the complaint in the Chandigarh District Consumer Disputes Redressal Commission-I (“District Commission”). As a response, MakeMyTrip contended that their role was that of a facilitator for booking confirmed air tickets and hotel bookings on behalf of customers with the relevant service providers. Once a confirmed ticket was generated and shared with the intended traveller, the obligations of MakeMyTrip were fulfilled. Any subsequent issues such as cancellations, rescheduling, technical faults, pricing changes, sell-outs, preponements, postponements, no-shows, or errors in confirmed bookings were the responsibility of the concerned airlines or service providers. MakeMyTrip emphasized that any compensation, refund, or rescheduling related to cancellations or technical issues lied within the purview of the airline's policies and agreements. The complainant was bound by the cancellation and refund policies of the concerned airlines, which take precedence over the terms and conditions of MakeMyTrip in case of any conflicts. Furthermore, MakeMyTrip highlighted that the Director General of Civil Aviation issued guidelines on 22.5.2008 that direct airlines to compensate customers in the event of cancellations. On the other hand, Air Asia Airlines, failed to file a written statement within the stipulated period. Observations of the Commission: The core issue under consideration in the present case was the cancellation of a flight ticket and the consequent financial burden imposed upon the complainant. However, the District Commission noted that the evidence on record indicated that the refund for the disputed ticket was initiated on 24.12.2019, prior to the filing of this complaint on 6.8.2020. The foundational principle of consumer complaints rested upon the identification of the complainant as a consumer affected by deficient service or unfair trade practices, thus warranting redressal. In the current context, the District Commission noted that the fact that the refund had been processed prior to the filing of the complaint rendered the complainant ineligible to maintain the status of a consumer with a valid grievance. In light of the above, the District Commission noted that the essential basis of the complaint crumbles, as the complainant had already received the refund pertaining to the disputed ticket. As such, the District Commission concluded that the complainant's claims lack the requisite foundation to substantiate a case of deficiency in service or unfair trade practice. Consequently, the complaint was found devoid of merit and was dismissed. Case: Amit Sharma vs Air Asia Airlines Case No.: CC/266/2020 Advocate for the Appellant: Shareen Jacob Advocate for the Respondent: Kusum Kaushik Click Here To Read/Download Order

Consumer Can’t File Complaint Against Air Asia After Refund Was Initiated, Chandigarh Commission Dismisses Complaint

Smita Singh

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