Filed on: t9.L2.2023 Disposed on: 19.02.2026 BEFORE THE KARNATAKA STATE ^{CONSUMER DISPUTES} REDRESSAL COMMISSION, ^BENGALURU (ADDITIONAL BENCH)

DATED THIS THE 19th DAY OF ^{FEBRUARY,20.26} CORAM: HON'BLE SRI.RAVI ^{SHANKAR' JITDICIAL MEMBER} and HON'BLE SMT. SI'NITA CHANNABASAPPA BAGEWADI ^{. LIIDY MEMBER} scl29lN24a2l2023 BETWEEN:

Make My Trip ^{(lndia) Rrt. Ltd.,} 18tt' Floor - Tower A, B and

19th Floor - Tower A, B, C Building No.S, DLF Cyber ^CitY, DLF Phase-lll, Gurgaon, Haryana - 122 OO2, By Authorized Signatory.

-- Appellant (Rep. by0 Mr.Rishabha Raj Thakur, ^Advocate)

AIVD

1. Sri B M SomashekhararadhYa, S/o Late Sh.B.Muddiah, Aged about 75 Years, Resident at No.1 ACC22I, 1"t A.C.Cross, 2"d Main, Kasthuringar, Bengaluru - 560 043.

2. Jet Airways, Head Office at Siroya Centre, Andheri, Mumbai - 400 099.

--- Respondent (R-1 appeared In-personf (R-2 dispensed vide order dated 25.03.20251 ORDER BY HON'BLE MRS. ^{SUNITA CHANN} A BAGEWADI LADY MEMBER:

This appeal is filed by ^{the Appellant/Opposite party No'l} being aggrieved by the ^{Order dated 26.07'2023 passed by} the III Additional ^{Bangalore Urban} District Consumer Disputes Redressal ^Commission, Bengaluru in CC.No.1454 l2}tg and ^{prays to set-aside the order passed} in by the District ^{Commission by allowing appeal, the} interest of ^{justice and equitY.}

2. T]ne brief facts of the ^{case are as under;}

The complainant had ^{booked Air Tickets on 18'02'20i9} through online ^{portal of Opposite Party No.1 from Bengaluru} to Boston, USA for ^{travelling on 28'05.2019 and return on} 06.08.2019 by ^{paying an amount of Rs.S1,152/- to attend} his Grandson's Graduation ^{Ceremony in Boston, USA' The} complainant received ^{E-mail regarding cancellation of Jet} Airways flight on 2O.O4.2O19. Hence, ^{no other way} complainant re-booked ^{the Air Tickets of British Airways by} paying an amount of Rs'81,944 l- ^{au,;rd incurred the loss of} Rs.32,792 I -. Subsequently, ^{the complainant again received the} message from ^{Opposite Party No.2 that the 9W236 from} Bengaluru to Amsterdam, on ^{28.05'2019 is cancelled, kindly} paid'

contact the Travel Agent ^{for return of money Hence,} the complainant ^{wrote a letter on 16'08'2019 to Opposite} Party No.1 through ^{registered post but no reply from other} side. Hence, tJle complainant ^{left with no other alternative} to approach ^the Commission ^{for the redressal of grievance} under Consumer Protection ^{Act for defrciency of service and} unfair trade practice of ^{the Opposite Parties. Hence, the} complaint.

3. After service of notice of ^{the District Commission, the} Opposite Party No.l appeared ^{through counsel and filed} version. The Opposite Party ^{No.1 admitted booking of the} ticket by the complainant ^{and denied all other allegations'} Further the Opposite Party ^{No.l contended that it is only an} online portal which ^{provides service to book travel tickets,} etc'

accommodation, holiday ^{packages The complainant} booked tickets through their ^{online portal, but it is the Jet} Airtines/Opposite Party ^{No.2 who cancelled the booked air} tickets. Hence, the Opposite Party ^{No. 1 is not liable for any} refund or compensation and prays ^{to dismiss the complaint'}

4. The Opposite Party ^{No.2 was impleaded by an order} dated 20.10.2022 and notice ^{was issued by the District} Commission. The said ^{notice was served on Opposite Party} No.2 and Opposite Party No.2 ^{appeared through counsel but} failed to file the version. ^{Hence, version of Opposite Party} No.2 taken as Nil on ^19.12.2022 by the ^{District Commission'}

5. After trial the District ^{Commission allowed the} complaint in part.

6. Aggrieved by the said ^{order the Appellant/Opposite} Party No.1 preferred this ^APPeal.

7. Heard from both side.

J

8. Perused ^{the memorandum of appeal and certified copy} of ^the order ^{passed by the District Consumer Commission} and materials on record, ^{we noticed that it is not in dispute} that ttre Respondent ^{No.1 had booked Air Tickets on} l8.O2.2olg through ^{the Appellant from Bengaluru to} Boston, USA ^{for travelling on 28'05'2019 and return on} by paying an amount of Rs'51'152/-' The

06.08.2019 Respo