STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Consumer Complaint No.CC/17/895

1. Ela Mehta, aged 70 years, Indian Inhabitant residing at 123, Maker Tower A, Cuffe Parade, 400 005.

2. Leela Shah, aged 93, (Deceased)

Indian Inhabitant, residing at D 134, Anand Vihar, New Delhi 110092.

2a. Mrs. Hema Siddhartha Chand, Adult, of Delhi, Indian Inhabitant, Having her address at 6E, Abdul Kalam Marg, Aurangzeb Road, Delhi 110011.

2b. Mrs. Seema Motwani, Adult, Having her address at 3/226, Oriental Parade, Oriental Bay, Wellington 6011, New Zealand. ……… Complainants Versus

1. Jet Airways (India) Ltd., a company)

incorporated under the provisions of the Companies Act, 1956, having its registered office at Siroya Center, Sahar Airport Road, Andheri (East), Mumbai-400 099.

2. MakeMy Trip (India) Pvt. Ltd., a company incorporated under the provisions of the Companies Act 1956, having its registered address at UG-07, Front Side, TDI Shopping Mall, Rajouri Garden, New Delhi-110 027. …… Opposite parties BEFORE:

Hon’ble Mr. Mukesh V. Sharma, Presiding Member Hon’ble Ms. Poonam V. Maharshi, Member APPEARANCE:

For the Complainant : Advocate Kalpesh Joshi For Opposite Party : Advocate Priyanka Murudkar

JUDGMENT

(25-02-2024)

Per: Hon’ble Mukesh V. Sharma, Presiding Member

1. The complainants, Ela Mehta, aged 70 years, and Leela Shah, aged 93 years, both senior citizens, filed the present complaint against the Opposite Parties, Jet Airways (India) Ltd. (OP1) and MakeMyTrip (India) Pvt. Ltd. (OP2). The complaint is filed under Section 17 of the Consumer Protection Act, 1986, seeking compensation for the wrongful cancellation of their flight tickets, mental harassment, and the subsequent inconvenience caused.

2. Complainants alleged that they had booked three tickets for a flight from Ahmedabad to Mumbai on 15th December 2015, operated by OP1, through OP2. On 7th December 2015, they received an SMS from OP1 informing them that their flight, originally scheduled to depart at 11:00 hrs, had been rescheduled to 12:30 hrs on 15th December 2015. The complainants had booked three tickets through OP2 for the flight, and the total payment of ₹5766/- (₹1672/- per ticket) was made using the credit card of Mr. Prakash Mehta, the husband of Complainant No. 1.

3. On 11th December 2015, Complainant No. 1 instructed her representative, Mrs. Maushami Desai, to cancel one ticket booked for Mrs. Seema Motwani. Mrs. Desai attempted to cancel the ticket through OP2's website but was unable to do so. She then called OP1's helpline and successfully cancelled the ticket for Mrs.

Motwani, and a PNR "KOYOSE" was issued for the cancellation.

4. The complainants alleged that after the cancellation of Mrs. Motwani's ticket, Mrs. Desai confirmed with OP1’s helpline agent that only Mrs. Motwani’s ticket had been cancelled. The agent assured her that the remaining tickets for Complainants Ela Mehta and Leela Shah were unaffected and would remain valid.

5. On 14th December 2015, Mrs. Desai received an email from OP1 confirming that the complainants’ tickets were still valid and that they could proceed with web check-in. The complainants relied on this confirmation and proceeded to the airport on 15th December 2015.

6. However, when they arrived at the check-in counter at Ahmedabad Airport on 15th December 2015, they were informed that their tickets had been cancelled. Despite protesting, the complainants were not allowed to board the flight. They insisted that their tickets had not been cancelled by them or anyone on their behalf and that only Mrs. Seema Motwani's ticket was to be cancelled. They were not provided with any assistance or alternative arrangements by OP1.

7. After a long argument, the complainants were given a printout confirming that their tickets were certainly cancelled. As a result, the complainants, both senior citizens, had to purchase new tickets with Go Air for ₹7346/- (for two tickets) to travel the next day, 16th December 2015. The complainants alleged th