International Flight Cancellation Due To COVID-19 Not Deficiency In Service; Delhi State Consumer Commission Dismisses Appeal Against MakeMyTrip And Korean Airlines
Pranav B Prem
The Delhi State Consumer Disputes Redressal Commission has held that cancellation of international flights due to the COVID-19 pandemic and consequent governmental restrictions does not amount to deficiency in service. Dismissing a first appeal filed by Har Mohan Singh, the Commission upheld the rejection of a consumer complaint against MakeMyTrip India Pvt. Ltd. and Korean Airlines Co. Ltd., holding that the refund granted was in accordance with DGCA guidelines and that the booking intermediary could not be held liable for events beyond its control. The appeal was decided by a Bench comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member). The Commission found no infirmity in the order of the District Consumer Disputes Redressal Commission, which had earlier dismissed the complaint on similar grounds.
The complainant had booked a confirmed round-trip air ticket from Delhi to Los Angeles through MakeMyTrip, with the onward journey on March 2, 2020, and the return journey scheduled on May 26, 2020, on Korean Airlines. He travelled to the United States as planned. However, due to the outbreak of the COVID-19 pandemic and the suspension of international commercial flights, the return flight was cancelled by the airline.
Alleging that no prior intimation was given regarding the cancellation, the complainant claimed that he was compelled to remain in the USA for an additional 27 days. He eventually returned to India on June 22, 2020, by booking another ticket operated under the Government of India’s Vande Bharat Mission. The complainant repeatedly approached the opposite parties seeking a refund of the cancelled return ticket.
An amount of ₹27,275 was refunded to the complainant after deduction of non-refundable components, including the utilised portion of the ticket and convenience fees. Dissatisfied with the partial refund and alleging lack of assistance and timely information, the complainant filed a consumer complaint seeking refund of the entire amount along with compensation for the additional stay and alleged mental harassment.
The District Consumer Commission dismissed the complaint, holding that the cancellation of flights was on account of the COVID-19 pandemic and that refunds had been processed in accordance with the Civil Aviation Requirements issued by the Directorate General of Civil Aviation (DGCA). Aggrieved by this decision, the complainant preferred the present appeal before the State Commission.
Before the State Commission, the opposite parties contended that the flight cancellation was a result of unprecedented governmental restrictions imposed during the pandemic, constituting force majeure. It was submitted that refunds were processed strictly in accordance with DGCA guidelines dated May 22, 2008, under which only the refundable portion of the fare could be returned. MakeMyTrip argued that it acted merely as a booking facilitator and could not be held responsible for cancellation of flights or immigration and travel restrictions imposed by authorities.
The State Commission observed that it was an admitted position that international flights were suspended due to the COVID-19 pandemic and that only limited flights operated under special governmental schemes such as the Vande Bharat Mission. It noted that the complainant had booked his ticket prior to the nationwide lockdown and, therefore, his case was not covered by the directions issued by the Supreme Court in Pravasi Legal Cell v. Union of India. Consequently, the refund had to be governed by the applicable DGCA Civil Aviation Requirements.
The Commission held that, as per the DGCA guidelines, the complainant had already received ₹27,275 after deduction of the non-refundable components of the ticket. It further held that MakeMyTrip, being a travel facilitator, had no control over the operation or cancellation of flights, which was within the sole discretion of the airline and subject to governmental restrictions. The decision of Korean Airlines to cancel flights due to the pandemic was found to be beyond its control and not attributable to any deficiency in service.
The Commission also noted that the complainant had claimed exaggerated compensation without placing any cogent evidence on record to justify such claims. Finding no deficiency in service on the part of either the airline or the booking intermediary, and no infirmity in the order passed by the District Commission, the Delhi State Consumer Disputes Redressal Commission dismissed the appeal and upheld the rejection of the consumer complaint. No order as to costs was passed.
Cause Title: Har Mohan Singh v. MakeMyTrip India Pvt. Ltd. & Ors.
Case No: FA/377/2023
Coram: Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member)
