The Ernakulam District Consumer Disputes Redressal Commission in Kerala has ordered a travel agency and an airline to pay customers a compensation of ₹64,000 for cancelling flight tickets without making alternative arrangements.
The commission, comprising president D.B. Binu and members V. Ramachandran and Sreevidhia T.N., issued the verdict on a petition filed by E.M. Muhammed Ibrahim, former Kollam district judge and the then president of the Kollam District Consumer Disputes Redressal Commission, and member Sandhya Rani. Travel agency Cleartrip and airline SpiceJet were arraigned as the opposite parties.
The complainants had booked on the agency’s website air tickets for their return journey from New Delhi to Kochi through Bengaluru for official purpose for ₹11,582 on March 9, 2019. However, the airline cancelled the tickets 13 days before the date of journey stating “grounding of Boeing 737 Max aircraft as per regulatory directive issued by the Directorate General of Civil Aviation.” The airline, in a message, informed the complainant that he can either rebook on an alternatve flight or opt for full refund by visiting their website.
Later, the travel agency in a message offered to refund only ₹8,884. According to the complainants, the agency paid no heed to the request to refund the full amount. In fact, even the promised refund did not materialise, the complainant alleged.
Consequently, the complainants had to book two tickets for ₹19,743. The travel agency chose not to respond to the notice served on them by the complainants through their lawyer.
The airline, on its part, responded that it had already transferred the amount to the agency and hence had no liability. The airline sought to take refuge in the argument that cancellation of fights for reasons beyond their power and control absolved them of any liability and demanded that the petition be dismissed.
However, the commission observed that the airline did not direct the agency to refund the ticket fare, amounting to deficiency of services and unfair trade practices on the part of all the opposite parties.
