PER: Mr. Hemanshu Mishra, President:-

O R D E R

Facts giving rise to filing of this complaint are that the Complainant booked an air ticket with OP No.2 for flight No.G8-226 scheduled to fly from Leh to New Delhi on June 1, 2023. The booking was done online through the portal of OP No.1 on 05.05.2023 under PNR No.MGRPKR. The Complainant paid a sum of Rs.14,261/- online as consideration for the ticket. On the date of travel, i.e., 01.06.2023, the Complainant reached the Leh Airport, only to be informed that the flight had been cancelled. The Complainant asserts that no prior intimation, email or SMS regarding the cancellation was sent to him by either OP No.1 or OP No. 2. The Complainant was traveling to his native village in Hamirpur (H.P) for the solemnization of his own marriage, which had been pre-scheduled. Due to the sudden cancellation of the flight and the lack of alternative arrangements, the Complainant was forced to hire a commercial taxi from Leh to New Delhi to reach his wedding on time, incurring an additional expense of Rs.18,000/-. The Complainant repeatedly followed up with OP No.1 and OP No 2 for a refund of the ticket price Rs.14,261/- and compensation for the cab fare Rs.18,000/-, but to no avail. Alleging deficiency in the service on the part of opposite party(s), the complainant has filed the present complaint.

2. Upon notice, opposite party No.1 appeared through counsel and contested the complaint taking preliminary objections of maintainability and cause of action. It is submitted that opposite party No.1 acted merely as an intermediary/Online Travel Agent facilitating booking between the consumer and the airline. The contract of carriage exists solely between the Complainant and the OP No.2. The cancellation of the flight was a unilateral decision taken by OP No. 2 due to operational issues. Under the User Agreement and terms of booking, OP No.1 is not liable to refund any booking amount unless the same is released and processed by the concerned airline. OP No.1 has not retained the flight booking amount of Rs.14,261/-. OP No.1 stated that it acted with due diligence. Upon receiving requests from the Complainant, it repeatedly followed up with the airline via emails dated 06.10.2023 and 06.11.2024 asking to process the refund. OP No.1 contended that there was no deficiency in service on its part and prayed for the dismissal of the complaint with costs. Whereas opposite party No.2 did not appear before this Commission despite service, hence, proceeded against ex-parte.

3. The complainant has filed rejoinder denying the contents of the reply filed by opposite party No.1 and reiterating those of complaint.

4. The parties were called upon to produce their evidence in support of their contentions and parties have adduced their respective evidence.

5. We have heard learned counsel for the parties and also gone through the case file carefully.

6. Perusal of the record reveals that the Complainant booked an air ticket through the online portal of Opposite Party No. 1 on 05.05.2023 to travel from Leh to Delhi, bearing booking ID EMT116823421. The scheduled flight from Leh to Delhi, operated by Go First Airline as flight No. G8-226, was set to depart on 01.06.2023 at 10:30 AM. The Complainant booked the ticket by paying an amount of Rs.14,261/- online. The said e-ticket, marked as Annexure C-1, was issued by EaseMyTrip (Opposite Party No. 1) through the aforementioned booking ID on 05.05.2023 at 19:47 hours.

7. A perusal of the affidavit filed on behalf of Opposite Party No. 1 by its representative, Mr. Akash Singh, reveals that Opposite Party No. 2 (Go Airlines India Ltd.) abruptly filed for bankruptcy protection and suspended all its flight operations effective from 03.05.2023. Opposite Party No. 1 contended that it had absolutely no role in this operational decision or insolvency process.

8. However, we are of the firm opinion that since Opposite Party No. 2 filed for bankruptcy