‘Denied full refund’ after Goa-Delhi flight cancelled during Covid, man wins Rs 18,000

A 21-year-old passenger has won Rs 18,150 from an airline after his Goa-Delhi flight was cancelled during the Covid-19 lockdown. The passenger had paid Rs 6,600 for two tickets, but the airline allegedly refunded only Rs 3,150, deducting the remaining amount towards cancellation and GST charges.

Ruling on the matter, a Haryana consumer commission found that the airline had failed to produce any notification or government direction justifying the deduction or establish the basis for withholding the amount. President Nagender Singh Kadian, along with Dr Tripti Pannu and Dr Vijender Singh of the Rohtak District Consumer Disputes Redressal Commission, allowed the man’s complaint on October 28.

“In view of the directions issued by the Supreme Court and the relevant directions of the competent authorities regarding refund of air-ticket amounts in cases arising out of the Covid-19 lockdown, the complainant (man) was entitled to refund of the amount paid by him. Accordingly, the opposite party (airline) is liable to refund the remaining amount due to the complainant, along with interest thereon,” the order read.

Flight cancelled, refund withheld

The man claimed that his brother booked two airline tickets online from Goa to New Delhi to travel on June 22, 2020 and paid Rs 6,600 for the same. He added that the said flight was cancelled by the airline following a lockdown order by the central government. It was submitted that as per the direction of the Supreme Court and government rules, the complainant was entitled to a full refund regarding cancellation of said ticket.

However, he alleged that despite repeatedly approaching the airline, he did not receive the full refund. He also claimed that he sent emails requesting the refund and also issued a legal notice, but the amount was not returned.

Aggrieved, he moved the commission seeking refund of Rs 6,600 and Rs 50,000 on account of harassment and litigation expenses from the airline. He was represented through advocate Naveen Singh.

Airline’s defence

The airline, through advocate Ashok Dhankar, submitted that the complaint was liable to be dismissed as it had already partially refunded the ticket amount in accordance with its fare norms.

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It stated that it had refunded Rs 3,150 to the passenger’s bank account on August 11, 2021, after deducting cancellation charges and GST. It also sought dismissal of the complaint.

‘Passenger entitled to full refund’

The commission found that the airline refunded only Rs 3,150 in August 2021. It referred to the Supreme Court order of 2020 and the subsequent Directorate General of Civil Aviation (DGCA) circular dated October 7, 2020, which dealt with refunds for air tickets cancelled during the lockdown.

“Wherein the lockdown imposed nationwide by the Government of India was from March 25, 2020 to May 24, 2020 and airlines were directed to refund the amount by March 21, 2021,” the commission noted the rules regarding the refund at the time of lockdown.

The commission, hence, held that the passenger was entitled to the remaining refund, along with interest. It also found that the airline had not placed on record any notification or document justifying the deduction of the remaining amount, nor any direction or notification issued by the Government of India authorising such deduction.

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It directed the airline to refund the remaining Rs 3,150 and pay Rs 10,000 as compensation for deficiency in service and Rs 5,000 towards litigation expenses within 30 days.

Takeaway

This ruling highlights that when an airline deducts cancellation charges from a refund, it must establish the applicable rules and provide evidence justifying the deduction.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.

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