Introduction:

The Ernakulam District Consumer Disputes Redressal Commission, Kerala, presided by D.B. Banu along with members V. Ramachandran and Sreevidhia. T.N., held Malaysia Airlines accountable for unfair trade practices for failing to refund the complainant’s canceled trip expenses due to COVID-19. The case involved a complaint filed under Section 35 of the Consumer Protection Act 2019, alleging deficiency in service and mental distress caused by the refusal to refund the ticket expenses.

Arguments of Both Sides:

The complainant argued that the airlines and an authorized travel service provider failed to refund the ticket amount following the trip cancellation due to the COVID-19 pandemic. The complainant contended that the actions of the opposite parties caused financial loss and mental distress. The counsel for the complainant, Adv. Umar Farook, presented the case highlighting the deficiency in service and unfair trade practices by not initiating the refund despite aviation norms and regulations.

Court’s Judgment:

The Commission observed the assurances made to the complainant for a seamless journey and the subsequent cancellation by the airlines due to the pandemic-induced aviation halt. Referring to aviation norms and European regulations, the Commission noted passengers’ entitlement to full ticket refunds within seven days in case of flight cancellation. Despite repeated requests, the opposite parties did not refund the ticket amount, constituting a service deficiency. The Commission ordered Malaysia Airlines and the travel service provider to refund Rs 1,47,800 for the ticket expenses, along with Rs 50,000 compensation for mental distress and Rs 5,000 towards proceedings’ cost.