North Goa Consumer Commission Orders Travel Firm to Refund Valpoi Couple Rs 65,624
The North Goa District Consumer Dispute Redressal Commission has issued a landmark ruling, directing online travel company MakeMyTrip to refund Rs 65,624 to a couple from Valpoi. The commission found the company liable for unfair trade practices after it failed to refund flight fares following a tour package cancellation.
Details of the Consumer Complaint
According to the complaint filed by Sushant Gaonkar and Priyanka Gaonkar, residents of Valpoi, the couple booked a holiday tour package through MakeMyTrip on April 21, 2023. They paid a total of Rs 65,624, which covered flight charges, airfare, accommodation, and sightseeing for a four-night, five-day trip.
On May 7, 2023, a representative from MakeMyTrip informed the Gaonkars that the Go Air flights included in their package were cancelled until May 12, with no guarantee of resumption thereafter. The representative advised the couple to arrange their own flights to the first destination of the tour.
Escalation of the Dispute
The Gaonkars requested the company to manage the flights and reschedule their trip dates. However, the next day, MakeMyTrip notified them that all Go Air flights were cancelled until May 19 due to operational issues. The couple then asked the company to arrange the trip between May 6 and May 20, seeking a refund if cancellation was unavoidable, but received no response.
Subsequently, the Gaonkars cancelled the tour and demanded a full refund. MakeMyTrip initially stated that the refund process would take 30 to 45 days. When the couple followed up, they discovered that the company had closed their refund request without notification.
Company's Response and Legal Action
On August 9, 2023, a MakeMyTrip representative claimed the company had agreed to reschedule the trip, but the Gaonkars refused as it was too late. The company then warned that the refund amount would be forfeited if the tour package was not availed by September 30.
In response, the Gaonkars served a legal notice to MakeMyTrip. The company argued that the complaint was based on fictitious and arbitrary grounds, denying all allegations.
Commission's Ruling and Observations
The commission, presided over by President Bela Naik with members Auroliano de Oliveira and Rejitha Rajan, observed that MakeMyTrip was attempting to evade its liabilities despite conducting the transaction. The panel held that the company used its cancellation policy as a shield to avoid refunding the full amount, thereby engaging in unfair trade practices.
The commission directed MakeMyTrip to refund the entire amount of Rs 65,624 to the Gaonkars, along with interest and compensation for mental harassment and litigation costs. This ruling underscores the importance of consumer protection in the digital travel industry, setting a precedent for similar cases.
This case highlights the challenges consumers face with online travel bookings and the legal recourse available through consumer forums. It serves as a reminder for companies to adhere to fair trade practices and prioritize customer service.
