Joint and Several Liability for Airline and Travel Aggregator Buck-Passing
Parties: Gaurav Jain v. InterGlobe Aviation Ltd. (IndiGo) & MakeMyTrip India Pvt. Ltd.
A consumer booked round-trip airline tickets via MakeMyTrip. Following flight cancellation, IndiGo claimed it had credited the travel agent's nodal account, while MakeMyTrip repeatedly informed the passenger that the airline had not released the funds into their commercial wallet. The passenger was bounced back and forth between the two customer desks for over 8 months without a single rupee credited.
The Consumer Commission held that under DGCA CAR Section 3, Series M, Part II, Clause 3.3.2, travel agents act as statutory booking conduits of the carrying airline. An online travel aggregator cannot disclaim duty once it accepts the consumer's purchase consideration. The Commission held both MakeMyTrip and the airline jointly and severally liable to refund the full fare with penal interest and compensatory damages.