Wedding Gift Flights Snagged in COVID Web: MakeMyTrip Held Liable, Can't Hide as 'Mere Facilitator'
In a ruling that underscores accountability in digital travel bookings, the , led by President Ms. Monika A. Srivastava and Member Ms. Kiran Kaushal, has directed Malaysia Airlines to refund a stranded ticket amount and slapped MakeMyTrip with penalties for shoddy service. The case, Karan Pradeep v. Make My Trip (India) Pvt Ltd & Anr. (Case No. DC/83/CC/343/2023), decided on , rejects the online portal's claim of being just a neutral middleman amid COVID-19 disruptions.
From Celebration to Cancellation: The Grounded Journey
Karan Pradeep shelled out Rs. 65,802 on , via MakeMyTrip for Malaysia Airlines tickets—a wedding gift for his brother and sister-in-law. The itinerary: Delhi to Kuala Lumpur on , then to Manila, returning via Kuala Lumpur on .
Pandemonium struck with COVID-19. The Philippines declared a Code Red Public Health Emergency on
, locking down Manila from
. Malaysia Airlines rolled out an
"Ultimate Flexibility Ticket Change Policy,"
offering unlimited date or destination changes for tickets booked via agents like MakeMyTrip. But Pradeep's rescheduling bids hit walls: MakeMyTrip reps claimed ignorance of the policy, calls dropped despite promises, and emails ping-ponged between refund requests and date changes. Promised refunds within 60-90 days never materialized, and later voucher offers from the airline had mismatched details. By
, escalated fares left Pradeep chasing remedies across both parties for years.
Portal vs. Passenger: The Blame Game Unfolds
MakeMyTrip argued it was merely a facilitator—booking done, PNR issued, responsibility shifted to the airline. Tickets were non-refundable, the complaint time-barred post- ( then), and jurisdiction lacking as their HQ is in Gurgaon. They cited COVID chaos, initial unawareness of the airline's policy, and Pradeep's consent to cancellation without pursuing timely alternatives. Malaysia Airlines went after failing to appear.
Pradeep countered with a continuous from broken assurances, bolstered by Supreme Court orders in excluding , from limitation clocks. He slammed both for , seeking full refund with 18% interest, Rs. 2 lakh compensation, and Rs. 1 lakh costs.
Piercing the 'Facilitator' Veil: Commission's Sharp Reasoning
The bench dismissed limitation and jurisdiction pleas outright, crediting the Supreme Court's pandemic extension—filing on , fell within bounds. No ; both parties dragged the complainant into a "shuttle" between them.
Core to the ruling: Online portals like MakeMyTrip can't dodge liability after pocketing fees.
"OP-1 cannot wash off its liability by stating that it is merely a facilitator as complainant had taken the services of OP-1 to book the tickets,"
the order states, spotlighting the
, email promising refund initiation. Malaysia Airlines, too, faltered by blocking direct rebooking and issuing flawed vouchers, despite no passenger fault in the cancellations.
Even in "unprecedented times," retaining funds without refund or viable alternatives smacked of under the .
Bench Bites Back: Quotes That Cut Deep
-
On portal excuses :
"Even if, we take into consideration the Covid 19 situation, it was unfair on behalf of OP-1 and OP-2 to make the complainant shuttle between the OPs for his rightful refund or travel for which he had already paid."
-
Airline accountability :
"OP-2 cannot be allowed to retain the amount paid by the complainant for the flight tickets as it is not the case that complainant’s brother and sister in law were at fault for not boarding the flight."
-
Service gap :
"Complainant had taken the services of OP-1 to book the tickets of OP-2’s airlines, who actually failed to facilitate the complainant."
These observations, echoed in legal summaries, highlight how COVID flexibility policies crumbled without proper execution.
Pay Up or Perk Up Interest: The Final Tally
- Malaysia Airlines: Refund Rs. 65,802 + 6% interest p.a. from (travel start).
- MakeMyTrip: Rs. 25,000 for false assurances and deficient service.
- Jointly: Rs. 30,000 for mental agony and harassment.
Compliance due within three months, or 8% interest kicks in till payment. This precedent signals tougher scrutiny on travel aggregators—passengers can hold platforms accountable beyond bookings, potentially easing refund battles in post-pandemic skies and reinforcing consumer rights in digital services.