Unilateral Cancellation Of Ticket And Denial Of Refund, Gurgaon District Commission Holds Yatra Online And British Airways Liable

The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held Yatra Online and British Airways liable for unilateral cancellation of the Complainant's ticket and subsequent denial for adequate refund or resolution for over 2 years. The District Commission asked them to refund the Complainant's ticket amount, and pay Rs. 50,000/- compensation for mental agony, Rs. 50,000/- deterrent compensation and Rs. 33,000/- legal costs. Brief Facts: Parminder Oberoi (“Complainant”) booked an air ticket with British Airways (“Airline”) through Yatra Online for a flight, from New Delhi to Toronto via London, on the advice of Mr Avinash Gupta (“Travel Agent”). Later, the travel agent informed the Complainant the airline had changed the flight only up to London and advised her to keep the booking open for future use. However, when the situation worsened, she requested cancellation with a full refund from Yatra Online, which was declined based on the airline's policy. Subsequently, she also approached the airline for a refund but it refused to do so and directed her that it would only be done by Yatra Online. Following her unsuccessful attempts to secure a refund, in April 2021, the complainant approached Yatra Online requesting to book a fresh ticket from Delhi to San Francisco and return from Toronto to Delhi. However, Yatra Online refused to accommodate. With no refund received and facing limited alternatives, the Complainant made attempts to approach both Yatra Online and British Airways regarding the unresolved matter. She also visited the British Airways office in DLF Phase I, Gurugram, where initially, the security officer at the office denied her entry. However, after the Complainant asserted herself, she was eventually allowed inside but left unattended at the reception for an extended period. The Complainant contended that this treatment amounted to inhumane humiliation considering the senior citizen status at 71 years old of the Complainant. Frustrated with the lack of resolution, the complainant filed complaints with the National Consumer Helpline. Responding to the complaint, Yatra Online stated that a refund against the booked Passenger Name Record (PNR) was not possible as per the airline's policy, emphasizing that only a rebooking option was available. They assured the complainant that their legal team would communicate and offer the best available resolution. Despite the complainant's relentless efforts, Yatra Online eventually informed her that the booked tickets had been cancelled, offering a refund of Rs. 4,380. Dissatisfied with this resolution, the Complainant filed the complaint at the District Consumer Disputes Redressal Commission, Gurgaon (“District Commission”). In response, Yatra Online contended that it was merely a travel intermediary and the responsibility for the refund lay with British Airways, as the amount had been transferred to the airline after deducting its commission. British Airways, on the other hand, asserted that it had followed all applicable rules in the matter. Observations by the Commission: The District Commission noted that the Complainant, a 71-year-old senior citizen, was forced to tirelessly pursue her rightful claim, enduring the deplorable and unscrupulous conduct of the airline and online booking platform. The District Commission condemned the tactics employed by Yatra Online and British Airways, taking false, frivolous, misconceived, and baseless pleas to deny the Complainant's claim. The District Commission found it unfair that British Airways unilaterally cancelled its scheduled flight, truncating the journey from New Delhi to only London and offering a mere Rs. 4,380 against the ticket booking amount of Rs. 59,147. Further, the District Commission noted that this amount was also offered by the airline following relentless efforts made by the Complainant, spanning over two years. Consequently, the District Commission directed both Yatra Online and British Airways, jointly and severally, to pay the Complainant Rs. 59,147/- along with interest at 9% per annum from the date of booking (March 20, 2020) until realization. Additionally, compensation of Rs. 50,000/- was awarded to the Complainant for mental agony and physical harassment, along with further deterrent compensation of Rs. 50,000/- and litigation expenses of Rs. 33,000/- incurred by the Complainant. Case Title: Parminder Oberoi vs Yatra Online Pvt. Ltd. and Anr. Case No.: Complaint Case No. 433 of 2022 Advocate for the Complainant: Jasbir Singh Oberoi Advocate for the Respondent: Vibhor Aggarwal and Sumit Vats Click Here To Read/Download Order

Unilateral Cancellation Of Ticket And Denial Of Refund, Gurgaon District Commission Holds Yatra Online And British Airways Liable

Smita Singh

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