This is to bring to your kind attention that on 1st October, 2020, the Supreme Court of India delivered a judgement containing detailed guidelines with regard to the refund of airline tickets, both domestic and international, that stood cancelled due to the pandemic and the consequential lock down.
The judgement of the Apex Court came in light of various writ petitions that were clubbed together because of the similarity of cause of action. It essentially lays down that for all cancelled travel due to the lockdown, full refund should be made by the airlines to the consumers within the stipulated time and manner as mentioned therein. If the respective airline cannot make such a refund, a credit shell of the same amount shall be given to the consumers within the stipulated time that shall be transferable at the instance of the consumer. The Court also established the validity of such a credit shell.
The 3 Judge Bench, consisting of Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice M. R. Shah, delivered an all inclusive judgement keeping the smallest details in mind while also drawing a balance between the loss suffered by individual consumers on one hand and by the airlines on the other. The interests of both the parties were considered practically and handled with great sensitivity.
Attached herewith is the original and full judgement of the Apex Court of India for more details. Click Here for Full Judgement
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That judgment may be only for pandemic specific cancellations !
Though the Supreme Court of india has passed a judgement on refund of airline tickets during lockdown period not all travel agency or airlines abide by the rules. It is my opinion that a Government May pass a judgement but that does not ensure its implementation.