Order Date: Not Mentioned
Order Name: Goibibo Com Vs. Amrit Pal Jaiswal
Case No.: R.P. No. 2544/2023
The National Consumer Disputes Redressal Commission, under the leadership of Dr. Inder Jit Singh, recently made a significant ruling regarding the responsibilities of intermediaries like Goibibo in handling refunds for canceled bookings. The Commission clarified that intermediaries, who also earn commissions, have a duty to manage refunds effectively.
### Case Background
The case involved complainants who had booked flight tickets through Goibibo for travel from New Delhi to Edmonton and return, spending Rs. 1,29,860 and Rs. 53,280. When Jet Airways ceased its operations, they sought a refund from Goibibo but received no response despite multiple attempts, including a legal notice. Frustrated, they filed a complaint with the District Commission, which ruled in their favor. Goibibo then appealed to the State Commission of Punjab, but this appeal was dismissed. This led Goibibo to file a revision petition before the National Commission.
### Goibibo’s Argument
Goibibo contended that it was merely a facilitator between the consumer and the airline, Jet Airways, and had no control over the airline’s actions or omissions. They argued that their role was limited to confirming the booking and issuing a confirmation voucher, and that any refund or compensation should be the airline’s responsibility. Goibibo cited previous rulings and their User Agreement, which stated that they held no liability for the non-operation of flights by the airline.
### National Commission’s Observations
The National Commission focused on whether Goibibo, as an intermediary, could be held liable for refunds when an airline fails to provide service. They reviewed Goibibo’s refund guidelines and a Jet Airways circular and concluded that Goibibo has a responsibility to manage refunds for canceled bookings because they earn a commission from these transactions. The Commission upheld the State Commission’s decision, finding no jurisdictional error or irregularity in the lower courts’ findings, which were based on evidence and aligned with legal principles set by the Supreme Court. Consequently, Goibibo’s revision petition was dismissed.
### Takeaway
This ruling reinforces the responsibility of intermediaries like Goibibo to manage refunds for canceled bookings, given that they earn commissions from these transactions. Consumers should feel reassured that intermediaries are accountable for providing refunds, even when the service provider fails to deliver.
