Stranded in Leh hours before his wedding after flight cancellation, groom wins Rs 43,000 payout

The bench noted that the complainant was to travel under strict time constraints for the solemnisation of his wedding in Hamirpur, Himachal Pradesh. The order underlined that due to the complete lack of proactive communication, alternative arrangements, or logistical support from the company, coupled with the geographic challenges of the remote region, the complainant was forced into an emergency and had to hire a commercial vehicle to reach his wedding on time.

Stranded hours before wedding

The complainant booked a Go First flight from Leh to New Delhi through EaseMyTrip on May 5, 2023, for Rs 14,261 to travel home for his wedding. On the date of travel, he reached Leh airport, only to be informed that the flight had been cancelled. The complainant asserted that no prior intimation, email or SMS regarding the cancellation was sent to him by either Easy Trip Planner Ltd or Go First Airlines.

Due to the lack of alternative arrangements, he was forced to hire a commercial taxi from Leh to New Delhi to reach his wedding on time, incurring an additional expense of Rs 18,000.

The complainant repeatedly followed up with Easy Trip Planner and the airline for a refund of the ticket price of Rs 14,261 and compensation for the cab fare of Rs 18,000, but to no avail. Alleging deficiency in the service on the part of the opposite parties, the complainant moved the commission.

EaseMyTrip denies liability

EaseMyTrip contended that it acted only as an online travel intermediary and that the contract of carriage was between the passenger and the airline. It argued that the airline alone had cancelled the flight due to operational issues and that, under its user agreement, it could process a refund only after receiving the amount from the airline.

It claimed it had repeatedly followed up with the airline for the refund and denied any deficiency in service. Go First did not appear before the commission and was proceeded against unilaterally.

‘Potential embarrassment’

The commission noted that the affidavit filed on behalf of the travel platform reveals that Go Airlines India Ltd abruptly filed for bankruptcy protection and suspended all its flight operations from May 3, 2023. The travel platform contended that it had absolutely no role in this decision or the insolvency process.

Since Go First had filed for bankruptcy and suspended operations on May 3, 2023, the commission held the platform liable for issuing the complainant an e-ticket on May 5. It also found that the company failed to give any prior intimation about the flight’s cancellation. This failure to communicate a foreseeable cancellation well in advance constitutes an independent, severe omission of professional duty and a gross deficiency in service, it added.

The order highlighted that the administrative indifference and negligence of the booking platform exposed the complainant to immense distress and potential societal embarrassment.

The commission came down heavily on the travel booking platform and, taking into account the emergency road transit across hazardous mountainous terrain and the other grievance caused by the travel platform’s silence, it awarded Rs 25,000 compensation for mental agony and physical harassment.

Takeaway

This ruling reinforces that online travel platforms cannot escape liability by blaming airlines when they continue selling tickets despite knowing of operational failures or cancellations. It underscores their duty to inform consumers promptly about cancellations, process refunds responsibly, and compensate passengers for foreseeable losses and mental agony caused by deficient service.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Himachal Pradesh: 1800-180-8087) or dial the National Consumer Helpline at 1915 for assistance.