Refused hotel booking money, honeymoon couple wins Rs 1.25 lakh refund

On the issue of non-refund of prior hotel booking and flight ticket amount, the bench said that the clause contained in the hotel booking voucher issued by MakeMyTrip, which stated that the booking is non-refundable and there will be no refund on its cancellation, is wholly one-sided, arbitrary, and unconscionable.

It added that it is unfair, unreasonable, and contrary to consumer interests, and held that the said clause was unenforceable and liable to be declared invalid. “We hold Blue Dart responsible for the financial loss and mental agony suffered by the complainants due to its negligence, careless conduct, unexplained delay, and failure to discharge its duties and obligations,” the forum said.

Honeymoon cancelled after passport loss

The case concerned a consumer complaint filed by Rohit Jaiswal and his wife, Akanksha Joshi, against MakeMyTrip India Pvt Ltd and Blue Dart Express Ltd after their planned honeymoon trip to Singapore was cancelled because their original passports were lost while being returned after visa processing. The couple had booked the flight tickets worth Rs 80,118 and hotel accommodation worth Rs 50,757 through MakeMyTrip.

The complainant had contacted MakeMyTrip to apply for a Singapore visa. On November 12, 2024, the company sought the required documents. Following its instructions, the complainant sent his and his wife’s original passports and other documents through DTDC courier. MakeMyTrip received and acknowledged the documents via email on November 18, 2024.

According to the complainant, MakeMyTrip initiated the Singapore visa process after receiving an additional Rs 7,180. It sought the complainant’s address to return the passports, but despite claiming they were sent through Blue Dart, the provided tracking number failed to trace the consignment after the documents went missing.

On December 4, 2024, the complainant reported the missing consignment to MakeMyTrip, which directed him to contact Blue Dart. Blue Dart admitted that the parcel became untraceable after moving through Rudrapur, Delhi, and Haryana. Despite legal notices, no action followed. Of the Rs 1.45 lakh paid, MakeMyTrip refunded only Rs 96,400.

Users bound by terms: MakeMyTrip

MakeMyTrip filed a written submission contending that under the booking process, users are required to enter into a user agreement and, by clicking the “I Agree” button, they become bound by the company’s terms and conditions, including its cancellation policy.

It was further submitted that the complainants’ flight tickets and hotel accommodation were duly booked online, and the confirmed hotel voucher issued clearly stated that no refund would be available in the event of cancellation.

It was argued that the complainants had paid Rs 50,757 towards the hotel booking. In accordance with the cancellation policy, this amount was deducted, and only the remaining Rs 96,400 was refunded to the complainants. The court proceeded ex parte against the other opposite party, Blue Dart.

‘No proof amount reached hotel’

• The complainants stated in the complaint that they had paid a total of Rs 1,45,857 to MakeMyTrip towards the booking of flight tickets and hotel accommodation for their Singapore honeymoon trip.
• The principal issue in the present complaint is whether MakeMyTrip was justified in refusing to refund the Rs 50,757 collected from the complainants towards the hotel booking for their Singapore trip.
• Upon a careful examination and scrutiny of the hotel booking voucher, it is evident that the voucher was generated and issued by MakeMyTrip merely to provide the complainants with details of the hotel booking arranged for their stay in Singapore.
• It was not a hotel-issued confirmation or voucher generated by the hotel itself acknowledging or confirming the booking in the complainants’ names. It is evident that MakeMyTrip itself received Rs 50,757 from the complainants towards the hotel booking.
• However, no receipt, invoice, or other documentary evidence has been produced on record to show that this amount was actually paid to the hotel in Singapore. Nor has any evidence been produced regarding the hotel’s cancellation policy, terms and conditions, or the procedure governing the refund of the booking amount.

• In this regard, we are of the view that the entire responsibility and authority to either cancel the hotel booking made for the complainants in Singapore or reallocate the booked room to other guests during the booking period, and thereafter recover the amount paid for such booking from the hotel, rested exclusively with MakeMyTrip.
• In its reply to the legal notice issued by the complainants through their counsel, the legal manager of Blue Dart displayed an evasive, indifferent, and negligent attitude towards the matter.

Final order

The commission partly allowed the complaint, directing MakeMyTrip to refund Rs 50,757 towards the hotel booking, pay Rs 50,000 as compensation for mental agony and harassment, and Rs 10,000 as litigation costs. Blue Dart was directed to pay Rs 25,000 as compensation and Rs 25,000 as penalty for deficiency in service and unfair trade practice. The penalty is to be deposited in the office account of the District Consumer Disputes Redressal Commission, Nainital.

Significance of ruling

This ruling reinforces that online travel platforms cannot rely on one-sided “non-refundable” clauses to deny refunds where consumers suffer losses due to service providers’ negligence. It also affirms that courier companies can be held accountable for deficient service, strengthening consumer protection against unfair trade practices and arbitrary contractual terms.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Uttarakhand helpline: 1800-180-4188) or dial the National Consumer Helpline at 1915 for assistance.