Flyer seeks ₹4L compensation for cancelled ticket, court rejects plea

Flyer seeks ₹4L compensation for cancelled ticket, court rejects plea

Vindhya.Pabolu@timesofindia.com 27.12.2024

Bengaluru : “We decide on evidence, not sentiments. The commission cannot jump to a conclusion just with photocopies of the documents,” the Bangalore Urban II Additional Consumer Disputes Redressal Commission declared, while declining to come to the help of a man, who had sought for refund of fare from the Emirates for flights he had booked but did not take. The court also declined to hold Emirates guilty of deficiency of service. 

The complainant, Nitin Kaushik from Moradabad, UP, had filed the complaint against Emirates, asking for refund of his ticket fare, Rs 4 lakh, for the mental harassment he went through and Rs 20,000 as litigation costs. Kaushik had booked Emirates flight tickets for a round trip from Budapest to Delhi and back, paying Rs 73,685 through MakeMyTrip. He was to fly from Budapest on Nov 26, 2022 and return from Delhi on Jan 8, 2023. He stated that he needed to travel from Budapest on Nov 20, 2022, due to a medical emergency. Before this, he contacted the airline to reschedule the tickets. As the price was much higher, he booked a new ticket but forgot to cancel the previous one. The airline subsequently cancelled the tickets as he did not board the flight. When Kaushik arrived at the airport on Jan 8, 2023, he discovered that his return ticket had been suspended. Emirates informed him that reactivating the ticket would require a fee of Rs 80,000 and take six hours. 

Kaushik claimed he could not take the flight because of the airline’s actions, which caused him significant mental harassment and financial loss and prompted him to seek compensation by filing a complaint with consumer court in Aug 2023. In its defence, Emirates argued that the tickets were purchased through MakeMyTrip, a thirdparty travel portal, and not directly with it. The airline contended that it could not be held liable as Kaushik failed to cancel the tickets on time and did not make MakeMyTrip a party to the complaint. It stated that the terms of the ticket mentioned it was non-refundable in case of no show or cancellation. As proof, the airline also submitted affidavits as evidence from its senior customer sales and service agent, with relevant documents. 

The commission, after reviewing both sides, stated that the documents (Aadhaar card, screenshots of tax invoice, legal notice and ticket confirmation) produced by the complainant being mere photocopies, were insufficient to substantiate his claims of deficiency in service or un fair trade practices. The commission observed that, as per Section 38(6) of the Consumer Protection Act, 2019, every complaint must be supported by affidavit evidence and relevant documentary proof. Despite being granted ample opportunity, Kaushik failed to file any affidavit evidence. After reviewing the submissions and evidence, the commission ruled that there was no deficiency of service or unfair trade practice on the part of Emirates airlines. The complaint was dismissed, with no orders as to costs.