Thread by @barandbench

Supreme Court to shortly hear petition seeking refund of airfare for tickets booked during lockdown.

Centre has recently informed SC that a meeting headed by @MoCA_GoI decided that full refund has to be there for all tickets booked during lockdown 1 and 2

#airfarerefund

SG Tushar Mehta says Centre has taken a decision which is subject to Court's final approval

Mehta: What we're saying is tickets will have to be refunded

SG Mehta: Amount of tickets will have to be refunded.

Senior Advocates Aryama Sundaram, Mukul Rohatgi and Arvind Datar register their appearance for the different peititoners

Senior Sajay Hegde: We only want to say relief should not be confined to only those who booked tickets on the first lockdown

Aryama Sundaram says that the proposal of the centre is by and large agreeable

#airfarerefund
#lockdown
@flyspicejet @IndiGo6E @indianairlines @airvistara

Sanjay Hegde: Centre's affidavit gives an impression that relief is confined to only those who had booked during the first lockdown.

Relief should be granted to everyone whose flights had been cancelled due to the lockdown due to the #COVID19 induced pandemic

Sundaram for (Air passengers association) refers to Centre's affidavit.

Sundaram: If time is to be given to them then it should be till December 31. My money is being retained by them, then surely some reasonable interest should be given. It should be full refund

Mehta explains the categories of bookings the divisions are made in.

Mehta says that as regards in international to keys, refund can only be given for those that were booked from India. If British Airways was booked from London, we don't have the jurisdiction

SC inquires about Hegde's concern that the affidavit talks about only first lockdown.

Mehta says that refund would be for the flights that were cancelled

Senior Counsel Harish Salve (SpiceJet): We are in agreement with the Centre's stand. We will comply with the order

Senior Counsel Arvind Datar for GoAir: We want to put on some points and make some submissions

@flyspicejet @goairlinesindia

Senior Counsel Mukul Rohatgi for Indigo: Affidavit came only yesterday..we want to file a response and address some points.

@IndiGo6E

Senior advocate Pinaki misra for Air Asia and Vistara says he has the same position as Datar and Rohatgi

@airasia

An applicant seeks to argue on an individual concern.

SC clarifies that court cannot consider every single individual case otherwise it will be unending.

SC says that all stakeholders are before the Court and all the possibilities and situations will be taken care of

Advocate Neela Gokhale for travel agents federation: All our money is lying with the airlines. There is nothing on the affidavit to deal with the travel agents and all of our money is blocked with the airlines

SG Mehta: The Centre consulted each and every stakeholder, including travel agents body

SC: Mr Mehta, there are some clarifications required, you also make those clarifications. You file an additional counter and clarify the points

SC: Mr Mehta, there are some clarifications required, you also make those clarifications. You file an additional counter and clarify the points

Senior Advocate Pallav Shishodia for applicants making submissions for tour operators: We are suggesting that the credit should come in the name of tour operators instead of directly in the name of passengers otherwise it will become unworkable

Shishodia: We would be under the obligation to return the money to the passenger

SC: All persons who have grievances or points to make, file an affidavit

SC: All suggestions should be made in writing. Now this matter is not going back to the government. Whatever suggestions are there, file here.

SC asks SG Mehta: When the lockdown was there and flights were cancelled that is a different subject.

But when the flights are resumed and functioning now and flight operator cancels the flight due to some technical difficulty then what is the position on refund?

Supreme Court grants time to airline operators and all other parties and stakeholders to file affidavits.

Centre asked to file an additional affidavit with clarifications.

Next date of hearing: September 23
Hearing over

Can air tickets be refunded now that flights have resumed? Supreme Court asks Centre
#SupremeCourtOfIndia
@DGCAIndia @AirAsia @airvistara @IndiGo6E @flyspicejet
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