Canada-India flight cancelled, refund denied; Chandigarh man wins Rs 86,000 from travel portal, airline
The travel portal registered the cancellation request and subsequently informed him that it had been accepted and that the refund process had been initiated with the concerned airlines.
A Chandigarh consumer commission has directed an online travel booking platform and an airline to refund Rs 70,878 to a man whose son's Canada-India flight was cancelled, after the portal initially informed him that the refund process had been initiated but later refused to return the money, The Indian Express reported. The commission also ordered the two companies to pay Rs 15,000 as compensation and costs for the mental agony and harassment caused to the complainant.
The total payout amounts to Rs 85,878. In its October 19 order, a bench comprising president Pawanjit Singh and member Mohan Sharma held the travel booking portal and the airline deficient in service. It observed that the portal's subsequent refusal to refund the money on the ground that the tickets were non-refundable was inconsistent with its earlier communication about initiating the refund process.
According to The Indian Express, the commission noted that the complainant had cancelled the tickets promptly, within a day of booking and seven days before the scheduled journey. Despite acknowledging the cancellation and informing him that the refund process had been initiated with the airlines, the portal failed to return the ticket amount. 11 lakh from hotel Canada-India flight booking cancelled over personal emergency According to IE, the complainant had booked air tickets for his son to travel from Winnipeg to New Delhi on November 3, 2022, for Rs 70,878 through an online travel booking platform.
The itinerary included a flight from Winnipeg to Toronto operated by one airline, followed by travel from Toronto to New Delhi via Abu Dhabi with another airline. However, due to a personal emergency, the complainant cancelled the booking on October 28, 2022, just a day after making the reservation and seven days before the scheduled departure. The travel portal registered the cancellation request and subsequently informed him that it had been accepted and that the refund process had been initiated with the concerned airlines.
The complainant alleged that the portal changed its position three days later, on October 31, 2022, and refused to refund the amount, citing the non-refundable nature of the tickets. Despite repeated requests and reminders, the money was not returned. He also sent a legal notice to the company but received no response, following which he approached the consumer commission, alleging deficiency in service and unfair trade practice by the portal and the airlines.
Neither airline appeared before the commission, and the proceedings against them continued ex parte, without their side being heard. 25 lakh from insurer Travel portal says it was only an intermediary The online travel platform argued that it was merely an intermediary and facilitator of the booking. It maintained that it did not operate the flights or determine the airlines' cancellation and refund policies.
The company also contended that the booking confirmation clearly stated that the tickets were non-refundable. The commission, however, found the portal's explanation unconvincing. It noted that the booking payment of Rs 70,878 and the cancellation request dated October 28, 2022, were established through documentary evidence. It also took note of the portal's communication acknowledging the cancellation and informing the complainant that the refund process had been initiated with the airlines.
The commission said that after acknowledging the cancellation and representing that the refund process had begun, the portal was expected to handle the request and communicate a clear and consistent position to the consumer. Rejecting the argument that the company was merely an intermediary, the commission held that it could not avoid its obligations after facilitating the booking and undertaking to handle the cancellation and refund process.
"A consumer cannot be left remediless merely because the intermediary seeks to shift the entire responsibility upon the airlines," the commission observed. It concluded that the refusal to refund the amount, despite the earlier communication about initiating the process, amounted to deficiency in service and had caused the complainant financial loss, inconvenience and mental agony. 07 lakh Takeaway Online travel platforms may not be able to avoid consumer responsibility simply by describing themselves as booking intermediaries, particularly when they have undertaken to process cancellations and communicate with airlines about refunds.
For passengers, the case highlights the importance of retaining booking confirmations, cancellation acknowledgements, refund-related emails and other communications with travel platforms. Such records can help establish what a company communicated and whether it subsequently changed its position. The commission directed the travel booking portal and the airline to refund Rs 70,878 and pay Rs 15,000 towards compensation and costs, taking the total ordered payout to Rs 85,878.