Thread by @barandbench

Supreme Court to shortly take up the plea challenging non-refund of airfare for tickets booked for the period of COVID19 induced
#lockdown

@DGCAIndia has informed SC about categories of passengers who would be refunded

#SupremeCourt
#airfarerefund
@pravasilegalcel

The top court had earlier sought clarification as regards the category of passengers proposed to be covered under the decision for refund, the period of booking of flights for which such refund can be availed, and the duration of credit shell that can be given by the Airlines.

DGCA affidavit: As regards the category of passengers to be covered, all the tickets booked for domestic flights, whether through travel agents or from airlines directly, would be covered by this refund

DGCA affidavit: In relation to international travel, passengers who had made bookings on Indian carriers or foreign carriers originating from India would be eligible to claim the refund.

. @DGCAIndia has categorised the passengers in three categories:

For those who made bookings prior to lockdown for a period up till May 24, the refund would be governed by the credit shell scheme and the incentives thereunder.

DGCA affidavit: For bookings made during lockdown for travelling during lockdown, refund shall be made by airlines immediately "as the airlines were not supposed to book such tickets."

DGCA affidavit: For bookings that were made for travelling in dates after May 24, the refund would be governed by the Civil Aviation Requirements (CAR).

The threshold of May 24 is set for dividing the passengers in these categories since operation of domestic air travel had begun in a calibrated manner May 25 onwards.

@DGCAIndia @pravasilegalcel
#airfarerefund

Matter to be taken end of the board.

Hearing begins

Senior Adv Sanjay Hegde says the latest @DGCAIndia affidavit takes care of his concerns. However, points to an issue under "clarifications"

Hegde for Pravasi legal cell: if one books under Air India, Indigo etc and fly out of India then the affidavit is applicable. The affidavit should also cover people who have booked flights on these carriers to come back to India like in the Gulf. So this needs to be sorted

Solicitor General Tushar Mehta says a solution has been worked out. SG will get instructions on further queries

Senior Adv Aryama Sundaram argues for Air Passenger Association.

Senior Adv Mukul Rohatgi appears for @IndiGo6E : all tickets booked during lockdown, the amount for that money has been reserved. Credit shell is there till March 31 and which is 5 months from now.

SG Mehta: we have taken interest of passengers and airlines into consideration

Senior Adv Datar for @goairlinesindia : we need to have funds at our disposal to pay. We had 700 cr profit before March and now its 104 crores

Justice MR Shah: suppose prior to one day before lockdown he has booked for the period of lockdown, then refund?

SG: He will not get the refund immediately

Justice MR Shah: what about payment to travel agent? Agent has already paid to airlines. You say passenger will get credit shell, here what will happen if passenger is yet to pay?

Senior Adv Pinal Mishra for @airvistara and @airasia
: travel agents deposit with airlines a corpus of one crores. Balance keeps coming down with tickets issuance and with refund it comes back. So if passenger has not paid, the corpus will be reimbursed.

Senior Adv Pinal Mishra: DGCAs approach is one size glove fits all. DGCA cannot say you must refund. If passengers accept my offer voluntarily then how can I be compelled.

Liz Mathew appears for the passengers: i appear for individual passengers who are taking a brunt of this.

SG Mehta: under the circumstances this is the maximum we can do after balancing all equities. Your lordships need not do anything further.

@DGCAIndia

SG: If some individuals have a problem then we cannot do anything as this is an exceptional situation and someone has to bear the brunt

Sr Adv Mishra: DGCA has not consulted the airlines for interest at all. If I have to give 9 percent interest its like we are a bank.

Sr Adv Mishra: We may need moratorium if this continues.

Adv Mathew: the world has changed and I may not want to travel after March 2021. We need immediate refund and not a credit shell. This option needs to be given atleast to the senior citizens

Aryama Sundaram: Comparing my plight with moratorium is not correct. By law the passengers are entitled to full refund and it should be refunded tomorrow. This cannot be a case of bargaining by the Airlines.

Senior Adv Datar: its a question of collapse of airlines. Airlines will close down otherwise. Its a question of 30 to 40,000 employees. Please gear us day after

Adv Harshal for travel agents Federation: The credit shell should come to the travel agents and not the passengers else we have to tell the airlines about every individual who booked tickets prior to lockdowm.

Adv Harshal: Also if bookings are made in India and paid in India then refund should be given even if travelling from other countries to India

Senior Adv Pallavi Shishodia: If the amount is credited to the account from which tickets were booked.

Justice Reddy: if a travel agent books a ticket for passenger, and if refund is granted to passenger then what happens to the agent?

SG: It has to come through the agent only as the voucher can be encased thereby.

SC: Please clarify this

Shishodia: my client in Europe does not know what is happening here and they only are in touch with agents.

Shishodia: Often the booking is only a part of the large booking including hotels, food ,etc and its part of a large trade channel. If the money is not refunded to us then there will be numerous insolvencies & we will refund to the passenger. If we don't refund then we can't work

Justice Bhushan to SG Mehta: If a ticket is booked through travel agent then can the refund voucher be not given to the travel agents?

Shishodia: We will not take money in cash

SG: the voucher given to passenger can only be used by the passenger through the same agent

Justice Shah: suppose I have a voucher and I have not paid to agent. My voucher will only get a ticket from the same agent and if no payment made then ticket will not be issued.

SG: I will file a better affidavit. This one is poorly drafted.

Justice Shah: File an additional affidavit

SC to hear the case again on September 25