One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If a travel platform like MakeMyTrip shows a partial refund promise (e.g., ₹8,000 deduction) during booking but later demands a higher cancellation fee (e.g., ₹16,000), you may have a strong consumer complaint or civil claim for misrepresentation and unfair trade practice under the Consumer Protection Act, 2019. Keep screenshots and booking records as evidence, and approach the consumer forum or send a legal notice.
Arun Mehta, a resident of Pune, booked a partially refundable flight from Pune to Istanbul and back in early April 2025 through MakeMyTrip. The booking clearly stated the cancellation penalty would be around ₹8,000. That seemed fair.
But when Arun called to cancel, things spiralled. MakeMyTrip told him the actual deduction would be ₹16,000 — double the promised amount. Why? They cited "airline cancellation charges," "MakeMyTrip fees," and some taxes not shown on the original booking page. The AI chatbot too had confirmed only ₹8,000 would be deducted. No warnings about extra airline charges were given anywhere.
Furious, Arun approached the office of Advocate Sudhir Rao after initial conversations with MakeMyTrip customer care went nowhere. Advocate Sudhir Rao and his office examined the terms, the chatbot transcript, and the booking screenshots. The domain-specific experience in consumer contract litigation meant they spotted an unfair trade practice right away — a high-pressure, misleading refund policy. A strong legal notice was drafted. Within weeks, MakeMyTrip offered to settle at the original ₹8,000 deduction, saving Arun the hassle of a consumer forum hearing.
Key Facts of the Case
- Arun Mehta booked a partially refundable Pune-Istanbul-Pune flight on MakeMyTrip in April 2025 for ₹30,000.
- The booking page and AI chatbot stated a cancellation fee of ₹8,000 only.
- Upon cancellation, MakeMyTrip demanded ₹16,000 — citing airline charges, platform fees, and taxes not previously disclosed.
- No separate disclosure of airline-specific cancellation fees was made during the purchase flow.
- Arun had retained screenshots of the booking page and chatbot conversation as evidence.
- Advocate Sudhir Rao's office issued a legal notice under the Consumer Protection Act, citing misrepresentation and unfair contract terms.
- The dispute was settled out of court — Arun paid only the originally promised ₹8,000 deduction.
The Direct Legal Answer
Yes, a travel platform like MakeMyTrip showing one cancellation fee during booking but demanding a higher fee later can be legally challenged. Here's what the law says.
Is this an unfair trade practice?
Absolutely. Under the Consumer Protection Act, 2019, any misleading representation about the price or benefit of a service is an unfair trade practice. The booking page and AI chatbot both promised ₹8,000 — demanding ₹16,000 later is a classic bait-and-switch. The platform has a duty to disclose all charges upfront.
What legal remedy do I have?
You can file a complaint before the District Consumer Disputes Redressal Commission (DCDRC) if the ticket value is under ₹1 crore. For urgent relief, send a legal notice demanding adherence to the original cancellation terms. If the platform refuses, approach the consumer forum seeking compensation, litigation costs, and a direction to honour the original terms.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Keep all digital evidence — screenshots of the booking page, cancellation policy page, chatbot transcripts, and call recordings (if legal in your state). Do NOT cancel the ticket until you have a legal opinion. And here's the thing: this type of consumer contract matter involves nuanced rules about disclosure, misrepresentation, and the standard terms of service. A general practitioner may not be clued into the specific Consumer Protection Act procedures or the fast-track complaint process. An advocate who regularly handles consumer cases will know how to frame the complaint, what evidence to preserve, and how to push for early settlement.
Applicable Sections of Law
- Section 2(47) of the Consumer Protection Act, 2019 — defines "unfair trade practice" including false or misleading representation about the price or benefit of a service.
- Section 17 of the Consumer Protection Act, 2019 — gives the District Commission jurisdiction over complaints where the value of services plus compensation claimed is under ₹1 crore.
- Section 38 of the Consumer Protection Act, 2019 — empowers the Commission to order removal of defects in services, replacement, refund, and compensation.
- Section 73 of the Indian Contract Act, 1872 — provides for compensation for loss or damage caused by breach of contract (the booking terms).
Jurisdiction — Where to File the Case
For a consumer complaint against MakeMyTrip, file before the District Consumer Disputes Redressal Commission (DCDRC) in the district where the transaction occurred or where the complainant resides. For complaints with service value under ₹1 crore, the District Commission has pecuniary jurisdiction. Territorial jurisdiction lies where the cause of action arises — typically your home city where you booked and would have used the service. Filing in the right forum avoids dismissal on technical grounds.
Limitation Period
Under the Consumer Protection Act, 2019, a complaint must be filed within two years from the date of the cause of action — the date you discovered the hidden cancellation fee or the date the platform refused to honour the original terms. The Limitation Act, 1963 also provides for condonation of delay if you can show sufficient cause for missing the deadline. Delaying too long can weaken your case significantly.
Interim Reliefs Available
In consumer cases, you can seek interim relief like a direction to the platform not to deduct the higher fee until the complaint is decided. The Commission may also pass orders for maintenance of status quo under its inherent powers. For urgent matters, a temporary injunction under Order 39 of the Code of Civil Procedure, 1908 can be sought. Getting interim relief early prevents the platform from enforcing the unfair deduction while your complaint is pending.
If You Are the Victim
- Do NOT cancel the ticket until you have collected all evidence and consulted a lawyer.
- Take screenshots of every page of the booking flow, including the cancellation policy and any chatbot conversations.
- Send a formal email or legal notice to the platform's grievance officer demanding adherence to the original terms.
- File a consumer complaint before the DCDRC within two years of discovering the hidden charge.
- Keep all bank statements showing the payment made for the booking.
Documents You Must Keep Ready
- Aadhaar card or other identity proof.
- Booking confirmation email and payment receipt.
- Screenshots of the cancellation policy page and the AI chatbot transcript.
- Copy of any email or call interaction with customer care regarding the cancellation fee.
- Bank statement showing the transaction amount.
- Any advertisements or promotions that stated the refundable terms.
- Legal notice (if sent) and reply received.
What Evidence Is Required?
- Primary evidence: The booking page showing the cancellation fee, chatbot screenshots, and payment receipt.
- Secondary evidence: Call recordings (if legally obtained), email threads, and witness statements (e.g., a friend who saw the same page).
- Digital evidence: Metadata of the screenshots showing date and time.
- Bank records: Proof of the actual amount paid.
- Expert opinion: A cyber forensic report if the chatbot transcript is disputed (rare but possible).
- Comparison evidence: Screenshots from a friend or third party showing the same fare and fee to demonstrate a pattern.
How Courts Typically Approach Such Cases
Consumer forums take a strict view when a service provider shows one price and later demands more. They consider the principle of "unfair trade practice" and "deficiency in service" seriously. Courts often look at the overall booking experience — whether the hidden charges were buried in fine print or conspicuously absent. If the platform's AI chatbot gave wrong information, that's a strong point. The forum will typically order the platform to honour the original terms or refund the excess amount with compensation. Class actions are possible if many customers faced the same hidden fee.
Timeline of Legal Process
- Notice stage: Send a legal notice — 15 to 30 days for response.
- Filing complaint: Draft and file before DCDRC — 1 to 2 weeks.
- Summons: Court issues notice to the opposite party — 2 to 4 weeks.
- Written statement: Opposite party files its reply — 30 to 45 days.
- Evidence: Both parties file affidavits and documents — 2 to 4 months.
- Arguments: Final oral arguments — 1 to 2 hearings.
- Judgment: Reserved and pronounced — 1 to 3 months.
- Appeal: Either side can appeal to the State Commission within 30 days.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Most consumer disputes settle before a formal hearing. Once a legal notice is sent, platforms like MakeMyTrip often offer settlement to avoid litigation costs and reputation damage. Settlement terms can include waiving the extra cancellation fee, refunding the full amount, or providing a voucher. If the matter is already before the consumer forum, you can record a compromise before the Commission, which then passes a consent order. Lok Adalat can also be used for pending consumer cases. Settlement is advisable if the platform offers to honour the original terms — it saves time and stress.
Common Mistakes People Make
- Delaying — waiting weeks or months before taking action while the evidence (screenshots, chat transcripts) may be lost or deleted.
- Destroying evidence — deleting the booking email or chatbot history out of frustration.
- Speaking to the platform's customer care without recording the conversation or noting down details — they may change their story later.
- Posting on social media before consulting a lawyer — this can complicate legal strategy and alert the platform to prepare a defence.
- Engaging an advocate who does not regularly handle consumer cases. Consumer law has its own procedural rules — Limitation Act applications, unfair trade practice definitions, and special evidence requirements under the Consumer Protection Act. A general civil lawyer may miss the opportunity to frame the complaint correctly or file for interim relief, which can drag the case out unnecessarily.
- Ignoring the fine print — not reading the full terms and conditions before booking, which may contain hidden fee clauses that the platform will rely on.
FAQs People Normally Have
Can I file a case if I haven't cancelled the ticket yet?
Absolutely. You don't need to have suffered a loss yet. You can file a complaint seeking a declaration that the higher fee is void, or a direction to the platform to honour the original terms. Courts have entertained such "pre-emptory" complaints.
Do I need a lawyer to file a consumer complaint?
Legally, you can file yourself — consumer forums are designed to be user-friendly. But a lawyer experienced in consumer law will draft the complaint with precise legal provisions, attach the right evidence, and argue effectively, especially if the platform hires its own counsel.
What if MakeMyTrip says the higher fee is in their T&C that I agreed to?
That's a common defence. But if the T&C were not prominently displayed during the booking flow, or if the AI chatbot gave a contradictory answer, the platform cannot rely on buried fine print. Courts have held that terms must be brought to the consumer's notice for them to be binding.
Can I claim compensation for mental harassment?
Yes. Consumer forums regularly award compensation for mental agony, harassment, and inconvenience caused by unfair trade practices. The amount varies — typically ₹10,000 to ₹50,000 for such cases, depending on the totality of circumstances.
Will the platform block my account if I file a case?
That would be illegal as it amounts to a retaliatory action. If the platform does so, you can include this as an additional unfair trade practice in your complaint. Consumer forums can direct them to reinstate your account with an apology.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India