Delhi Forum Orders Refund, Compensation for Covid-Era Flight Cancellation

The complaint was filed by Karan Pradeep, a resident of Gulmohar Park in South Delhi, who had booked two international tickets through Make My Trip for Malaysia Airlines in October 2019 as a wedding gift for his brother and sister-in-law.

The passengers were scheduled to travel from Delhi to Kuala Lumpur on March 13, 2020, onward to Manila on March 14, and return to Delhi on March 21, 2020. However, in the wake of the global outbreak of Covid-19, the Philippines government declared a lockdown in Manila from March 15 to April 14, 2020, leading to cancellation of flights.

In view of the pandemic, Malaysia Airlines introduced an "Ultimate Flexibility Ticket Change Policy", offering "Unlimited Date Change (Waiver of Date change Fee)" and flexibility of destination change for eligible passengers.

According to the order passed on February 2, 2026, the complainant attempted to reschedule the tickets under the policy but alleged that the customer care representative of MakeMyTrip was unaware of the offer.

Subsequently, the complainant consented to the cancellation of the PNR after being assured that a refund request would be initiated with the airline.

Despite this assurance, the refund was not processed within the promised timeline. The complainant later attempted to avail the airline's flexibility and open ticket policies but was allegedly made to shuttle between the airline and the booking platform.

Rejecting the preliminary objections raised by Make My Trip regarding limitation, the consumer forum held that the complaint filed in November 2023 was within limitation in view of the Supreme Court's order extending limitation during the pandemic.

On merits, the Commission observed that while the airline had no option but to cancel flights due to "unprecedented times", it "cannot be allowed to retain the amount paid by the complainant for the flight tickets as it is not the case that complainant's brother and sister in law were at fault for not boarding the flight."

The Commission further held that Make My Trip could not "wash off its liability by stating that it is merely a facilitator as the complainant had taken the services of OP-1 to book the tickets of OP-2's airlines, who actually failed to facilitate the complainant."

"Even if, we take into consideration the Covid-19 situation, it was unfair on behalf of OP-1 and OP-2 to make the complainant shuttle between the OPs for his rightful refund or travel for which he had already paid," it added.

In its final directions, the consumer forum ordered Malaysia Airlines to refund Rs 65,802 with interest at 6 per cent per annum from March 13, 2020, the date of travel.

Make My Trip has been directed to pay Rs 25,000 "for giving false assurances and providing deficient service".

Additionally, both the travel portal and the airline have been directed to jointly and severally pay Rs 30,000 towards compensation for mental agony and harassment.

The Commission directed the parties to comply with the order within three months, failing which the amounts would carry interest at 8 per cent per annum till realisation.

- IANS