The Hyderabad District Consumer Forum-I bench recently ruled in favor of a complainant who had booked a tour package through MakeMyTrip and encountered an accident during the trip. The complainant and his wife had booked a comprehensive tour package from January 2nd to January 9th, 2022, which included visits to Shimla, Manali, and Chandigarh. On January 4th, while en route to Manali, their car was involved in an accident, resulting in severe injuries and the need for immediate medical attention. This incident led to unexpected expenses and complications during their vacation.
The complainant filed a complaint with the Hyderabad District Consumer Forum-I, alleging deficiency of service and unfair trade practices by MakeMyTrip. He claimed that MakeMyTrip did not adequately assist in booking return flight tickets, causing them to stay an extra night in a hotel in Chandigarh. The complainant sought a refund for the financial losses incurred due to the accident and additional expenses arising from it. He argued that MakeMyTrip failed to fulfill its duty of providing support and assistance during the tour, leading to mental agony and financial hardships.
MakeMyTrip denied the allegations and argued that the tour package was non-refundable as per their terms and conditions. They also claimed that the complaint did not meet the definition of a ‘consumer dispute’ and that jurisdiction resided with the court of NCR Delhi based on the user agreement. They argued that the terms of the user agreement were binding and that the complainant had not provided evidence of being aware of or signing the agreement.
The District Commission recognized the importance of travel organizers like MakeMyTrip in ensuring a seamless vacation experience for travelers. They emphasized the need for top-notch service and support throughout the entire tour. The District Commission found that MakeMyTrip had failed in their duty to assist and support the complainant during the ordeal, causing mental distress and unanticipated financial burdens. They dismissed MakeMyTrip’s contention about the non-refundable tour package due to the absence of evidence regarding the complainant’s awareness or agreement of the terms. The District Commission also rejected MakeMyTrip’s jurisdiction claim, stating that the dispute fell within the parameters of a ‘consumer dispute’ as per the Consumer Protection Act, 2019.
As a result of their findings, the District Commission held MakeMyTrip accountable for the complainant’s losses and distress. They ordered MakeMyTrip to refund Rs. 85,984 as compensation for the financial hardships endured during the tour. MakeMyTrip was also instructed to provide a compensation of Rs. 25,000 to the complainant for the mental anguish experienced and cover the litigation costs of Rs. 10,000.
The case, titled Mr. Sriharsha Ks vs M/s MakeMyTrip Private Limited & Another, was represented by M/s. Gopi Rajesh & Associates as the advocate for the complainant and Adv. P. Lakshman Goud as the advocate for the respondent.