Cleartrip — Refund of airline tickets which was cancelled by the airline and not refunded by cleartrip

Address:

1st Floor, 91 Springboard Business Hub Pvt.Ltd Godrej & Boyce, Gate number.2, Plant Bus Depot, number.6, LBS Marg, opp. Vikhroli, Vikhroli West, Mumbai, Maharashtra 400079

2. Our client informs us that he had booked two tickets to Australia on 9th February 2020, one for himself, aged 68 years and one for his wife Mrs. Shantha Raghu who is aged 62 years, using your agency. That the flights were booked from Bangalore to Melbourne via Kuala Lumpur on the 27th of March, 2020 and a return flight from Melbourne to Bangalore via Kuala Lumpur on 14th of June, 2020. The amount paid for the tickets was Rs.1, 02, 378/- (Rupees One Lakh Two Thousand Three Hundred and Seventy-Eight), which was paid through our client’s CITI bank Credit card. The details are as follows - Transaction id is [protected], Flight MH-193 and the PNR is 055B3V.

3. That as the COVID-19 crisis hit, our client received information from you that the flight had been cancelled by the airlines on 17th March 2020. That our client immediately sent a mail to you on 18.03.2020 about cancelling the flight as they are senior citizens and hence at high risk. On 23.03.2020 our client received a mail from you stating that the principal airline had cancelled the flight and that if refund was to be initiated, our client was to log on to your website and follow the details provided by you. Our client followed all the steps and applied for the refund.

4. That our client again wrote an email on 29.03.2020 regarding the refund that they were entitled to and you responded by claiming that the cancellation will only happen close to when the flight days were booked. Our client accepted this and chose to give you some time considering the circumstances.

5. Our client sent reminders to you on 4 separate occasions (1.04.20, 2.04.20, 10.04.20, 15.04.20) and only after all these reminders our client received a curt response claiming that the refund would be processed in ‘60 days’.

6. That our client sent another 4 separate reminders regarding the refund (05.05.20, 13.05.20, 19.05.20, 21.05.20) and the response finally came from your side on 11.06.20 stating that you are working with the airline for reversal of the refund booking amount. That our clients are senior citizens and that during these testing times, they require all the funds to look after themselves and despite these circumstances, you are playing with the lives of senior citizens.

7. Our client states that on 16.06.2020 in an attempt to change your refund stance, you offered to change our client’s tickets to ‘open tickets’ which would supposedly provide greater flexibility while also suggesting that the premium paid for the earlier flights would be refunded. That yet again on 22.06.20, you expressed your difficulty in processing the refund and again asked our client to be patient. Our client again checked back with you on 07.07.2020 regarding your email about the refund and yet again there was no response from your side. With each email, you provided fewer and fewer details about the situation all the while asking our client a senior citizen to ‘sit tight’ causing a great deal of anguish to our client.

8. A reply was received from your side on 30.07.2020 stating that as the lockdown has eased, more refunds are being processed and that our client would receive ours soon. Throughout the email exchange, our client has been very cordial and patient with you. Our client then finally on 09.09.2020 sent an email to you regarding the refund and only received a standard response saying “We have forwarded your concern to our concerned team”.

9. That on 27.09.2020 our client received an outrageous mail from you stating that the amount refunded is Rs.0. The mail had broken down the charges stating airline charges of Rs. 91, 966/- (Rupees Ninety One Thousand Nine Hundred and Sixty Six) when our clients had not even travelled anywhere. Our clients felt harrowed by receiving a mail stating that the refund was amounting to Rs.0 especially when funds are required during these trying times.

10. Our client informs us that again on 4 separate occasions (03.10.2020, 08.10.2020, 02.11.2020, 15.12.2020) he sent an email reminding you to re-check the refund process. There was absolutely no response from your side. That to escape paying the refund, you offered our client an open ticket so that our client may be able to change the flight dates. Our client specifically mentioned that they would only accept the change if the price remained around the same amount that our client had already paid. That even this was a big risk as our clients are senior citizens and that traveling during these perilous times is very risky.

11. That even after behaving so cordially with you and considering the changes you proposed, on 31.12.2020, you sent a mail wherein you have increased the price of the changed flights by 100%. According to your new charges, you have charged both our clients an extra Rs. 56, 002/- (Rupees Fifty Six Thousand and Two) per person, which is outrageous considering that you have not tried to refund the money and now expect our clients to pay an extra amount. Our client informs us that they refused your change in flight and requested the refund of their original amount

12. That to add insult to injury on 06.01.2021 you have responded by stating “as per airline revert" Full refund is not permitted", in this case if you wish to process refund then we need to process refund with penalties charges( which need to be check from airline)”. That for the past 9 months you have been deceiving our clients with false promises of refund.

13. That our clients constantly informed you that they are senior citizens and that they require funds during these tumultuous times and that you have harassed them with your negligence for nearly a year. That even though there have been clear orders from the Supreme Court of India regarding refunds, you have failed to uphold professional and ethical standards.

14. That on October 1st 2020, the Supreme Court accepting the Directorate General of Civil Aviation’s (DGCA) scheme for refund of air tickets booked prior to the lockdown, ruled that airlines will have to refund tickets that were cancelled due to restrictions (from March 25-May 24) without any cancellation charges within three weeks from the date of cancellation. That our client’s tickets clearly come within the range of the rules set by the Supreme Court. That our client informs us that they have had no transaction with Malaysian airlines and that all communications and transactions have been with you and that as per Supreme Court orders, it is you the travel agent who have to process our client’s refund.

15. This transaction has caused mental distress to our client. Our client has already been having a tough time with the Pandemic and now with the haphazard experience from your side our clients have been severely disappointed. And now that you are not responding to our client’s calls or emails, our client is greatly worried about the Rs. 1, 02, 378/- (Rupees One Lakh Two Thousand and Three Hundred and Seventy Eight) that is still to be refunded from your side. Our client has been severely stressed during the course of this transaction due to the mishandling on your part.

16. Our client had expected better service from Cleartrip a well-established travel company and one which you are projecting as widely regarded as well but has been severely disturbed by the service on your part.