PRAVASI LEGAL CELL & ORS. versus UNION OF INDIA & ORS.

PRAVASI LEGAL CELL & ORS. versus UNION OF INDIA & ORS.

For tickets booked during the lockdown period (25.03.2020 to 24.05.2020) for travel within that period, and for which payment was received, airlines must refund the full amount without cancellation charges (refund within three weeks of cancellation); tickets booked through agents for travel within lockdown must be refunded immediately by airlines and agents must pass amounts to passengers; tickets booked for travel after 24.05.2020 are governed by CAR; where airlines face financial distress they may issue transferable credit shell equal to fare valid until 31.03.2021 (usable by passenger or transferee, including agents) with incentive enhancement (0.5% per month up to 30.06.2020,...

Parties
Petitioner: Pravasi Legal Cell & Ors.; Petitioner: Air Passengers Association of India; Petitioner: Travel Agents Federation of India; Petitioner: Col. Ashok Prehar & Another; Respondent: Union of India; Respondent: Directorate General of Civil Aviation; Respondent Impleaded Airline: Go Airlines (India) Ltd.; Respondent Impleaded Airline: Spicejet Ltd.; Respondent Impleaded Airline: Interglobe Aviation Ltd. (IndiGo)
Jurisdiction
India
Judgment Date
01 October 2020
Procedural Posture
Writ Petition (civil) / Final Judgment Disposed
Outcome
Writ petitions disposed of
Legal Topics
Refund of Air Fares, Credit Shell Vouchers, Civil Aviation Requirements, Force Majeure/lockdown Effects on Air Travel
Civil Aviation Administrative Law Public Interest Litigation Consumer Protection Refund of Air Fares Credit Shell Vouchers Civil Aviation Requirements Force Majeure/lockdown Effects on Air Travel

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Parties

Pravasi Legal Cell & Ors.

Petitioner

Air Passengers Association of India

Petitioner

Travel Agents Federation of India

Petitioner

Col. Ashok Prehar & Another

Petitioner

Union of India

Respondent

Directorate General of Civil Aviation

Respondent

Go Airlines (India) Ltd.

Respondent Impleaded Airline

Spicejet Ltd.

Respondent Impleaded Airline

Interglobe Aviation Ltd. (IndiGo)

Respondent Impleaded Airline

Procedural Posture

Writ Petition (civil) / Final Judgment Disposed

Legal Issues

  1. 1 Whether airlines must refund fares for tickets cancelled due to COVID-19 lockdown or may issue credit shell vouchers
  2. 2 Whether issuance of credit shell in lieu of cash refund for tickets booked through travel agents is permissible and in what manner
  3. 3 Whether Civil Aviation Requirements should be strictly enforced during the pandemic or whether tailored formulations are appropriate

Ratio Decidendi

For tickets booked during the lockdown period (25.03.2020 to 24.05.2020) for travel within that period, and for which payment was received, airlines must refund the full amount without cancellation charges (refund within three weeks of cancellation); tickets booked through agents for travel within lockdown must be refunded immediately by airlines and agents must pass amounts to passengers; tickets booked for travel after 24.05.2020 are governed by CAR; where airlines face financial distress they may issue transferable credit shell equal to fare valid until 31.03.2021 (usable by passenger or transferee, including agents) with incentive enhancement (0.5% per month up to 30.06.2020,...

Court Disposition

Writ petitions disposed of

Orders

  • If a passenger booked a ticket during lockdown (25.03.2020 to 24.05.2020) for travel during that period and airline received payment, full refund without cancellation charges to be made within three weeks of cancellation
  • If tickets booked during lockdown through a travel agent for travel within lockdown, airlines shall give full refund immediately and agent shall pass amount to passengers immediately