Bengaluru: A Bengaluru couple’s dream honeymoon through France, Switzerland and Italy turned into a legal battle after their Europe tour package booked with MakeMyTrip (India) Pvt Ltd allegedly fell apart due to deficient visa assistance and the company’s refusal to issue a refund.The Bangalore I Additional District Consumer Disputes Redressal Commission ruled in favour of the couple, holding MakeMyTrip and its officials jointly and severally liable for deficiency in service. The commission directed the travel platform to refund the entire tour package amount, along with applicable interest and litigation costs.The saga began when the couple, Afreen Hafiz and Syed Asadulla from Nelamangala, planned a honeymoon trip to France, Switzerland and Italy between Nov 18 and Nov 30, 2023. On Sept 18, they approached MakeMyTrip representatives for a “Harmonious Europe (Europamundo)” package tour of 12 nights and 13 days, priced at Rs 4.9 lakh for both.Afreen stated that through continuous WhatsApp and email exchanges, the firm assured them of complete assistance, including visa processing support, documentation guidance, itinerary planning, hotel bookings, flight arrangements, food and leisure activities, and overall end-to-end coordination for the Europe tour. The company also claimed responsibility for assisting in obtaining the Schengen visa and shared detailed itinerary information covering accommodation and travel plans.On Sept 22, the couple made an initial payment of Rs 88,808 through UPI transfer. On Oct 15, Afreen paid Rs 2.6 lakh, followed by another payment of Rs 1.3 lakh on Oct 16 and also redeemed a gift card worth Rs 16,579 on the same day. The excluding visa charges of Rs 20,678 were paid separately as advised by the company. The payments were acknowledged through invoices.On Sept 27, the travel operator allegedly approved the visa application process and instructed the couple to proceed as per guidance for submission before the Switzerland embassy. Between Sept 25 and Oct 4, the company shared visa-related requirements, checklists, appointment details, hotel bookings, and flight tickets through email, which were acknowledged by the complainant.They submitted a visa application before the Embassy of Switzerland. However, on Oct 25 the visa applications were rejected by the embassy on the ground that the information submitted regarding justification for the purpose and conditions of stay was not reliable.Following the rejection, they issued grievance emails and a legal notice seeking refund (excluding visa charges), alleging deficiency in service and poor customer support. With no response they filed a consumer complaint on Oct 4, 2024.In its defence, MakeMyTrip denied all allegations and argued that visa rejection was solely the discretion of the embassy and not attributable to any lapse on its part. It stated that the booking was non-refundable and that vendor costs and cancellation penalties had already been incurred.The company also maintained that it had acted only as a facilitator for visa assistance and could not be held responsible for rejection by the embassy. It also contended that expenses had already been incurred towards hotels and its European tour partner Europamundo Vacaciones, including cancellation penalties.After hearing both sides, the commission observed that while visa issuance lies entirely within the prerogative of foreign embassies, travel operators offering international tour packages are bound to exercise due care and diligence in assisting customers. It held that MakeMyTrip failed to act with sufficient diligence in facilitating the visa process, resulting in deficiency in service. The commission rejected the company’s argument that incurred costs justified withholding refund, noting that internal vendor expenses cannot override consumer rights when service deficiency is established.The bench, comprising president Syed Anser Kaleem, members Sharavathi SM, and Jyothi N, on June 5 directed the firm and its directors to refund Rs 4.9 lakh to the couple and pay Rs 2,000 towards litigation costs.
