IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 01.08.2023 Date of hearing: 04.12.2025 Date of Decision: 05.01.2026 FIRST APPEAL NO.- 377/2023 IN THE MATTER OF SH. HAR MOHAN SINGH, S/O SH. WASHDEV SINGH, R/O B-21/F-I, DILSHAD GARDEN, DELHI (Through: Mr. S. K. Verma, Advocate)

…Appellant VERSUS

1. MAKE MY TRIP INDIA PVT. LTD., DLF BUILDING NO. 5, TOWER-B, DLF CYBER CITY, DLF PHASE-2, SECTOR-25, GURUGRAM, HARYANA, INDIA-122002 REGISTERED ADDRESS: B-36, FIRST FLOOR, PUSHA ROAD, NEW DELHI – 110005

2. SH. DEEP KALRA, C.E.O. FOUNDER AND EXECUTIVE CHAIRMAN, MAKE MY TRIP INDIA PVT. LTD., DLF BUILDING NO. 5, TOWER B, DLF CYBER CITY, DLF PHASE 2, SECTOR-25, GURUGRAM, HARYANA, INDIA-122002

3. KOREAN AIRLINES CO. LTD., THROUGH ITS CONCERNED OFFICER, SHOP NO. 54, SECTOR-3, BLOCK-D, DIR AREA, GOLE MARKET, NEW DELHI – 110001 (Through: Mr. Divjot Singh Bhatia & Mr. Shreesh Chadha & Mr. Aman Singh Bakhshi, Advocates, Karya Law Advocates and Solicitors)

…Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE BIMLA KUMARI, MEMBER (FEMALE)

Present: Appellant in person Mr. S. K. Verma, Counsel for the appellant (Mobile: 9310004577) Mr. Aman Singh Bakshi, Counsel for the Respondent No.1 & 2 appeared through VC.

None for the Respondent No. 3 PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1. The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant The facts of the case are that the Complainant booked a confirmed return ticket for travelling from Delhi to LAX (USA) on 02.03.20 vide booking ID No. NN 2911652538796 Vide e-ticket no. 180-3319184853 of Opposite Party No.3. He had to return back from USA te Dethi on 26.05.20. On 02.03.20 the Complainant went to LAX (USA) by the airline of Opposite Party No.3. On 26.05.20 the Opposite Party No.3 cancelled the flight and, no intimation was given to him in this regard. On 26.05.20 Indian government pleased to open lockdown and Opposite Party No.1 to 3 did not inform the Complainant. The Complainant stated that due to cancellation of light by Opposite Party: No.3 Complainant had to stay abroad for excess period of 27 days i.e. from 26.05.20 to 22.06.20. On 21.06.20 Complainant booked another flight ticket to come back to India. The Complainant stated that he contacted Opposite Parties time to time and negotiated through email and calls and all the Opposite Parties assured the Complainant to return his confirmed air ticket amount and on 01.11.20 all the Opposite Parties refused to pay the amount to Complainant. The Complainant stated that on 19.12.20 Complainant sent demand notice to Opposite Parties and in spite of service of demand notice Opposite Parties failed to make the payment to Complainant. Hence, this shows deficiency on the part of Opposite Parties. Complainant has prayed for Rs. 3,89,654 (in total), Rs. 58,006/- and Rs. 1,46,000/- as compensation.

Case of the Opposite Party No. 1 and 2 The Opposite Party No.1 and 2 contested the case and filed common written statement, It is alleged that the Complainant has filed the complaint with malafide intention. It is stated that Opposite Party No.2 is not a necessary party as per the settled law. It is stated that the Opposite Party is only facilitator for booking the air tickets, it is admitted that the Complainant has booked tickets through it. It is also stated that an amount of Rs. 27,275/- has been refunded to the Complainant. It is stated that an amount of Rs. 29,777/- pertaining to utilised flight ticket amount was not refunded and convenience fees of Rs. 399/- was also not refunded as the same was Not Refundable Amount. It is stated that the Complainant has agreed to the user agreement and cancellation policy of the Opposite Party. At the time of booking the tickets, the Complainant has accepted the terms and conditions of the user agreement and he