COVID-19 Flight Cancellation Not Deficiency In Service: Delhi State Consumer Commission

The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), dismissed an appeal filed against MakeMyTrip India Pvt. Ltd. and Korean Airlines Co. Ltd., holding that cancellation of international flights due to the COVID-19 pandemic and governmental restrictions did not amount to deficiency in service. The Commission held that the refund granted was in accordance with DGCA guidelines and that MakeMyTrip, being a booking intermediary, could not be held liable for flight cancellations beyond its control. Brief Facts The complainant, Har Mohan Singh, booked a confirmed round-trip air ticket from Delhi to Los Angeles (USA) through MakeMyTrip for travel on 02.03.2020, with the return journey scheduled on 26.05.2020 on Korean Airlines. He travelled to the USA as planned. However, due to the COVID-19 pandemic and international flight restrictions, the return flight scheduled on 26.05.2020 was cancelled by the airline. Alleging lack of prior intimation, the complainant stated that he was compelled to remain in the USA for about 27 additional days and eventually returned to India on 22.06.2020 by booking another ticket under the Government of India's Vande Bharat Mission. The complainant repeatedly approached the opposite parties seeking refund of the cancelled return ticket. An amount of ₹27,275 was refunded after deduction of non-refundable components, including the utilised portion of the ticket and convenience fees. Alleging failure to provide timely information, denial of full refund, and non-assistance in arranging his return, the complainant filed a consumer complaint seeking refund and compensation. The District Consumer Disputes Redressal Commission dismissed the complaint, holding that the cancellation was due to the COVID-19 pandemic and that the refund had been processed in accordance with applicable DGCA guidelines. Aggrieved thereby, the complainant preferred the appeal before the State Commission. Contentions of the Opposite Parties The opposite parties contended that the flight was cancelled due to unprecedented COVID-19 restrictions, which were beyond their control and amounted to force majeure. They submitted that refunds were processed strictly in accordance with DGCA guidelines and airline fare rules, under which only the refundable portion of the ticket could be returned. It was further argued that MakeMyTrip acted only as a booking intermediary and was not responsible for flight cancellations or immigration restrictions, and therefore no deficiency in service could be attributed to it. Observations and Decision of the Commission The State Commission observed that it was an admitted position that international flights were cancelled due to the COVID-19 pandemic and that only limited flights operated under special governmental schemes such as the Vande Bharat Mission. The Commission noted that the complainant had booked his ticket prior to the nationwide lockdown and, therefore, his case was not covered by the directions issued by the Supreme Court in Pravasi Legal Cell v. Union of India. It was held that in such circumstances, refund had to be governed by the Civil Aviation Requirements issued by the DGCA dated 22.05.2008. As per the said guidelines, the complainant had already received ₹27,275 after deduction of the non-refundable components of the ticket. The Commission further held that MakeMyTrip was merely a travel facilitator and could not be held responsible for cancellation of flights caused by governmental restrictions. The airline's decision to cancel flights owing to the pandemic was found to be beyond its control. The Commission also noted that the complainant had claimed exaggerated compensation without placing any cogent evidence to justify the same. Finding no infirmity in the order passed by the District Commission, the Delhi State Consumer Disputes Redressal Commission dismissed the appeal and upheld the rejection of the consumer complaint. No order as to costs was passed. Case Title: Har Mohan Singh v. MakeMyTrip India Pvt. Ltd. & Ors.Case No.: FA/377/2023 Click Here To Read/Download Order

COVID-19 Flight Cancellation Not Deficiency In Service: Delhi State Consumer Commission

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COVID-19 Flight Cancellation Not Deficiency In Service: Delhi State Consumer Commission

Praveen Mishra

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