Friday, September 25, 2020

Supreme Court reserves order on air ticket refunds, but travel agents may be deprived

New Delhi (ILNS): The Supreme Court today reserved its order in a plea seeking the full refund of fare for airline tickets that were booked during the COVID-19 lockdown period.

A three-Judge bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah was informed by the Directorate General of Civil Aviation (DGCA) that the credit shell scheme will only be offered to passengers and not to travel agents.

The government has submitted that, even if a travel agent is involved in the purchase of any ticket on behalf of any passenger, the principal contract is still between the airlines and the passenger only, which is the only mode recognized under the regulatory mechanism of the DGCA. The DGCA has a role only in the booking made directly by the passengers and will therefore not have any role in such private contract of pre-blocking of slots/seats for commercial gains. 

Advocate Harshavardhan Bhende, appearing for the petitioner, stated that saying that travel agents are not recognised is a sad thing to say because when the passenger manifest is prepared it is done with communication with the travel agents.

The Centre has also informed the court that there will not be a refund for flights originating out of India, regardless of national or international carriers, as the said flights are governed by the regulatory mechanism of the country of origin, irrespective of the fact whether the carrier is Indian or not.

25/09/20 India Legal

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