IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

(PUBLIC INTEREST LITIGATION)
CIVIL WRIT PETITION No. OF 2020

IN THE MATTER OF:

Pravasi Legal Cell …… Petitioner

Versus

Union of India & Anr. …… Respondent

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE)

(ADVOCATE FOR THE PETITIONER: MR. JOSE ABRAHAM)

 INDEX

Sl. Particulars of Page No. of part to Remarks

No. Document which it belongs
Part – I Part – II
[Contents [Contents
of Paper of file
Book] alone
(i) (ii) (iii) (iv) (v)
1. Court Fees
2. Office Report on NIL NIL
Limitation
3. Listing Proforma A1 - A2 A1 - A2
4. Cover Page of Paper A - 3
Book
5. Index of Record of A - 4
Proceedings
6. Limitation Report NIL NIL
prepared by the
Registry
7. Defect List A - 6
to
8. Note Sheet NS1 to
……….
9. Synopsis & List of B-K
Dates
10. Writ Petition along 1-23

with Affidavit in

support.
11. Annexure P-1 24

A true copy of the

Registration

Certificate of the

Petitioner Society

dt. 19.12.2018

12. Annexure P-2 25-26

A true copy of the

Representation dt.

25.03.2020

13. Annexure P-3 27-28

A true copy of the

Order dt. 23.03.2020

issued by the

Ministry of Civil

Aviation, Government

of India

14. Annexure P-4 29

A true copy of the

Circular dt.

27.03.2020 issued by

the Directorate
 General of Civil

Aviation

15. Annexure P-5 30-31

A true copy of the

Circular dt.

14.04.2020 issued by

the Ministry of Civil

Aviation

16. Annexure P-6 32-33

A true copy of the

Office Memorandum dt.

16.04.2020 of the

Ministry of Civil

Aviation

17. Annexure P-7 34

A true copy of the

Circular dt.

19.04.2020 issued by

the Directorate

General of Civil

Aviation

18. Annexure P-8 35-37

 A true copy of the

relevant portion of

the Civil Aviation

Requirements

19. Filing Memo 38

20. V/A 39
 RECORD OF PROCEEDINGS
Sl.No. DATE OF RECORD OF PROCEEDINGS PAGE NO.

1.

3.

4.

5.

6.

7.

8.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.
 1
IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

(PUBLIC INTEREST LITIGATION PETITION)

CIVIL WRIT PETITION No. OF 2020

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Pravasi Legal Cell

Reg No-262/88,

D-144-A, Basement, Ashram

Delhi-110014

Ph. No. 8929645629

Email:

pravasilegalcell@gmail.com

PAN No: AACAP0313L

Represented by its Secretary

Mr. Bins Sebestian,

R/o. Kuzhikkattu House,

Ettithope P.O.,

Kalkoonthal, Idukki, Ettihope,

Kerala- 685514.

Ph No: +919447698513
 2
Email: binssebastian01@gmail.com

Aadhar No: 785388858324

PAN No: BGSPS0952C

Occupation: Assistant Professor

Annual Income: Rs. 5,00,000 ……Petitioner

Versus

1. Union of India

Through its Secretary,

Ministry of Civil Aviation,

Rajiv Gandhi Bhawan,

Block B, Safdarjung Airport

Area, New Delhi-110003 ……Respondent No. 1

2. Directorate General of

Civil Aviation (DGCA)

Through its Director

General,

DGCA Headquarters,

Opp. Safdarjung Airport,

New Delhi- 110003 ……Respondent No. 2

 3
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF

INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS TO DIRECT THE RESPONDENTS TO ISSUE

APPROPRIATE DIRECTION TO THE AIRLINES OPERATING

DOMESTIC AS WELL AS INTERNATIONAL FLIGHTS IN

INDIA TO REFUND THE FULL AMOUNT COLLECTED FOR THE

TICKETS DUE TO THE CANCELLATION OF FLIGHTS IN THE

WAKE OF RESTRICTIONS IMPOSED BY THE GOVERNMENT

OF INDIA TO CONTAIN COVID19.

To

The Hon’ble Chief Justice of India

And his Companion Justices of the

Hon’ble Supreme Court of India.

The humble Petition of the

Petitioners, above named

 4
MOST RESPECTFULLY SHOWETH:

1. This Petition in the nature of Public

Interest Litigation under Article 32 of the

Constitution is being filed by the

Petitioners herein seeking the following

directions from this Hon’ble to the

Respondents:

i. To declare that the action on the part

of the Airlines operating domestic as

well as international flights in India

in not refunding the full amount

collected for the tickets due to the

cancellation of flights in the wake of

restrictions imposed by the Government

of India to contain Covid19 is in

violation of the Civil Aviation

Requirement issued by the Directorate

General of Civil Aviation

ii. To direct the Respondents to issue

appropriate direction to the airlines

operating domestic as well as

 5
international flights in India to

refund the full amount collected for

the tickets due to the cancellation of

flights in the wake of restrictions

imposed by the Government of India to

contain covid19 as per the prevailing

Rules in force.

2. The Petitioner is a society registered under

the Societies Registration Act, 1860,

incorporated for the welfare of the migrants

and also providing legal services to poor

and destitute migrants. A true copy of the

Registration Certificate of the Petitioner

Society dt. 19.12.2018 is marked as ANNEXURE

P-1 and annexed herewith at Page Nos. 24

a) The nature of injury caused or likely to

be caused to the public is that a large

no. of people are affected by the action

on the part of Airlines in not refunding

the ticket amount even after

cancellation of the flights.

 6
b) That the Petitioner has not filed any

other Petition on the same subject

matter or seeking similar reliefs either

in this Hon’ble Court any High Courts

except this present Petition.

c) That the Petitioner has no personal

interest or motive in filing the instant

petition but only seeks the intervention

of this Hon’ble Court in order to ensure

that the Airlines refund the tickets as

per the prevailing rules framed from

time to time by the Directorate General

of Civil Aviation, Respondent No. 2

herein.

d) That the Petitioner is not been involved

in any other civil or criminal or

revenue litigation which could have any

legal nexus with the issues involved in

the present writ petition in public

interest.
 7
e) That the Petitioner herein approached

the Respondent No. 1 vide a

representation dt. 25.03.2020 but there

is no reply from the Respondent No. 1

for the same. A true copy of the

Representation dt. 25.03.2020 of the

Petitioner is marked as ANNEXURE P-2 and

annexed herewith at Page Nos. 25 to 26.

3. The Respondent No. 1 is the Union of India,

represented by the Ministry of Civil

Aviation, which is the nodal Ministry

responsible for the formulation of national

policies and programmes for development and

regulation of Civil Aviation and for

devising and implementing schemes for the

orderly growth and expansion of civil air

transport.

4. The Respondent No. 2 is the Directorate

General of Civil Aviation which is the

regulatory body in the field of Civil

Aviation primarily dealing with safety

 8
issues. It is responsible for regulation of

air transport services to/from/within India

and for enforcement of civil air

regulations, air safety and airworthiness

standards.

FACTS

5. On 31.12.2019, China reported a cluster of

cases of pneumonia in Wuhan, Hubei Province.

A novel coronavirus was eventually

identified.

6. On 11.03.2020, the World Health Organization

(WHO) considering the alarming levels of

spread and severity, and by the alarming

levels of inaction declared COVID-19.

7. On 23.03.2020, the Central Government vide

order dt. 23.03.2020 suspended all the

Scheduled domestic flights (except all-cargo

flights) by any aircraft operator holding an

air operator certificate issued by DGCA-

India with effect from 2359 hrs. IST on 24th

March 2020. Till 31st march 2020. A true copy

 9
of the Order dt. 23.03.2020 issued by the

Ministry of Civil Aviation, Government of

India is marked as ANNEXURE P-3 and annexed

herewith at Page Nos. 27 to 28.

8. That on 24.03.2020, the National Disaster

Management Authority (NDMA), in exercise of

the powers under section 6(2)(i) of the

Disaster Management Act, 2005, issued an

Order dated 24.03.2020, directing the

Ministries/ Departments of Government of

India, and the State/Union Territory

Governments and State/ Union Territory

Authorities to take effective measures to

prevent the spread of COVID-19 in the

country.

9. On 27.03.2020, the Director General of Civil

Aviation vide Circular dt. 27.03.2020,

extended the suspension of Domestic flights

till 14th April 2020. A true copy of the

Circular dt. 27.03.2020 issued by the

Directorate General of Civil Aviation is

 10
marked as ANNEXURE P-4 and annexed herewith

at Page Nos. 29.

10. On 14.4.2020, the Ministry of Civil Aviation

vide circular dt. 14.04.2020, extended the

suspension of Domestic flights till 3rd of

May 2020. A true copy of the Circular dt.

14.04.2020 issued by the Ministry of Civil

Aviation is marked as ANNEXURE P-5 and

annexed herewith at Page Nos. 30 to 31.

11. On 16.04.2020, Ministry of Civil Aviation

vide Office Memorandum, directed all the

Airlines to refund the full amount collected

for the tickets booked during first lockdown

period for travel during the same period

(from 25.03.2020 to 14.04.2020) for the

domestic and international travel and refund

is sought by the passenger against the

booking being cancelled.

The Office Memorandum further directed that

for a ticket booked during the first lockdown

period and the airline has received the

 11
payment for booking of air ticket during

first lockdown period (from 25.03.2020 to

14.04.2020) for travel during the second

lockdown period (from 15.04.2020 to

03.05.2020) for both domestic and

international air travel and the passenger

seeks refund on cancellation of the ticket,

the Airline shall refund the full amount

collected without levy of cancellation

charge. A true copy of the Office Memorandum

dt. 16.04.2020 of the Ministry of Civil

Aviation is marked as ANNEXURE P-6 and

annexed herewith at Page Nos. 32 to 33.

12. The Directorate General of Civil Aviation

vide Circular dt. 19.04.2020, directed the

Airlines to refrain from booking tickets for

the journeys to be undertaken w.e.f.

04.05.2020. A true copy of the Circular dt.

19.04.2020 issued by the Directorate General

of Civil Aviation is marked as ANNEXURE P-7

and annexed herewith at Page Nos. 34.

 12
13. It is humbly submitted that the action on the

part of Airlines instead of providing the full

refund of the amount collected for the tickets

due to cancellation, providing a Credit Shell,

valid upto one year, is clear in violation of

the Civil Aviation Requirement issued by the

Directorate General of Civil Aviation (DGCA)

which clearly states that “the option of

holding the refund amount in credit shell by

the airlines shall be the prerogative of the

passenger and not a default practice of the

airline.”

Whereas it mandates that in case of credit card

payments, refund shall be made by the airlines

within seven days of the cancellation to the

account of the credit-card holder, while in

the case of a cash transaction the refund shall

be “made immediately” by the airline office

from where the ticket was purchased. It sets

a limit of 30 working days for airlines to

complete the refund process for tickets booked

 13
through travel agents/portals. A true copy of

the relevant portion of the Civil Aviation

Requirements is marked as ANNEXURE P-8 and

annexed herewith at Page Nos. 35 to 37.

14. It is pertinent to note that the Ministry of

Civil Aviation vide its Office Memorandum dt.

16.04.2020 directed the Airlines as follows:

“(i) If a passenger has booked a ticket during

the first lockdown period (from 25th of March

to 14th April, 2020) and the airlines has

received payment for booking of the air ticket

during the first lockdown period for travel

during the same period, for both domestic and

international air travel and refund is sought

by the passenger against that booking being

cancelled, the Airline shall refund the full

amount collected without levy of cancellation

charge. The refund shall be made within a

period of three weeks from the date of request

of cancellation.
 14
(ii) If a passenger has booked a ticket during

first lockdown period and the airline has

received the payment for booking of air ticket

during first lockdown period (from 25h of

March to 14th of April, 2020) for travel during

the second lockdown period (from 15th of April

to 3rd of May, 2020) for both domestic and

international air travel and the passenger

seeks refund on cancellation of the ticket,

the Airline shall refund the full amount

collected without levy of cancellation charge.

The refund shall be made within a period of

three weeks from the date of request of

cancellation.”

It is clear from the Office Memorandum that

the directs the airlines to refund only those

tickets that were booked during the lockdown

period and leaves out the vast majority of

passengers who had booked tickets before the

flights were banned. Which indirectly approves

to the practice of the Airlines providing

 15
Credit Shell for booking effected before the

lockdown, though the same clearly violates the

refund rules of the Directorate-General of

Civil Aviation (DGCA).

15. It is also submitted that the Office

Memorandum allows the airlines 30 days after

receiving a passenger’s request for a refund,

when the CAR requires the airlines to refund

on the same day in case of a cash transaction

and seven days for credit card purchases and

only if a passenger booked a ticket on a travel

portal could the airlines take 30 days.

Moreover, there is no need for a passenger to

request a refund because it is the duty of the

airlines to start the process immediately

after a flight cancellation.

16. It is also pertinent to mention that there is

no question of anyone booking a ticket during

the lockdown period knowing the fact that

schedule passenger flights were cancelled for

period of travel. This makes the Office

 16
Memorandum of the Ministry of Civil Aviation

ambiguous and devoid of any logic.

17. The Petitioner has no other equally

efficacious remedy except to approach this

Hon'ble Court by way of present Writ Petition.

All annexures annexed to the Writ Petition are

true copies of their respective originals.

18. Thus being aggrieved, the Petitioners with

leave of this Hon’ble Court are filing the

present writ petition under Article 32 of the

Constitution of India on inter-alia the

following grounds:

GROUNDS

A. BECAUSE the action on the part of Airlines

instead of providing the full refund of the

amount collected for the tickets due to

cancellation, providing a Credit Shell, valid

upto one year, is clear in violation of the

Civil Aviation Requirement issued by the

Directorate General of Civil Aviation (DGCA)

which clearly states that “the option of

 17
holding the refund amount in credit shell by

the airlines shall be the prerogative of the

passenger and not a default practice of the

airline.”

B. BECAUSE the Civil Aviation Requirement

mandates that in case of cancellation, if the

payment is through a credit card, refund shall

be made by the airlines within seven days of

the cancellation to the account of the credit-

card holder, while in the case of a cash

transaction the refund shall be “made

immediately” by the airline office from where

the ticket was purchased. It sets a limit of

30 working days for airlines to complete the

refund process for tickets booked through

travel agents/portals

C. BECAUSE it is also pertinent to mention that

there is no question of anyone booking a

ticket during the lockdown period knowing

the fact that schedule passenger flights

were cancelled for period of travel. This

 18
makes the Office Memorandum of the Ministry

of Civil Aviation ambiguous and devoid of

any logic.

D. BECAUSE the Office Memorandum dt. 16.04.2020

issued by the Ministry of Civil Aviation that

the directs the airlines to refund only those

tickets that were booked during the lockdown

period and leaves out the vast majority of

passengers who had booked tickets before the

flights were banned. Which indirectly

approves to the practice of the Airlines

providing Credit Shell for booking effected

before the lockdown, though the same clearly

violates the refund rules of the

Directorate-General of Civil Aviation

(DGCA).

E. BECAUSE the Office Memorandum dt. 16.04.2020

issued by the Ministry of Aviation,

Government of India is in itself contrary to

the Civil Aviation Requirements governing

Refund of Airline Tickets to passengers of

 19
public transport Undertakings issued by the

Directorate General of Civil Aviation.

F. BECAUSE the office memorandum dt. 16.04.2020

of the Ministry of Aviation directing the

Airlines to provide full refund of amount

paid to only to those people who booked

tickets during the lock down period and

leaving out people who booked tickets prior

to lockdown but the flights cancelled due to

lockdown amounts to treating equals

unequally and thus the same is in clear

violation of the fundamental rights

guaranteed under the Constitution.

G. BECAUSE the airline companies instead of

showing humanitarian virtues, is rather

seeing these challenging times as an

opportunity to extract unlawful gains from

the people who are already in misery due to

uncertainties. That the present policy is

extremely harsh on the ordinary passengers

who book tickets in advance for travelling.

 20
PRAYER

In view of the facts and circumstances of the

case, it is most respectfully prayed that this

Hon’ble Court may be pleased to:

i) To declare that the action on the part

of the Airlines operating domestic as

well as international flights in India

in not refunding the full amount

collected for the tickets due to the

cancellation of flights in the wake of

restrictions imposed by the Government

of India to contain Covid19 is arbitrary

and in violation of the Civil Aviation

Requirement issued by the Directorate

General of Civil Aviation.

ii) To direct the Respondents to issue

appropriate direction to the airlines

operating domestic as well as

international flights in India to refund

the full amount collected for the

tickets booked anytime for travel during

22
23
 24
ANNEXURE P-1
 ANNEXURE P-2 25

To Dated: 25th March, 2020

Shri. Hardeep Singh Puri

Hon’ble Minister
Ministry of Civil Aviation, Government of India

Subject: Intervention against arbitrary ticketing policy of Air India

Honourable Minister,
Pravasi Legal Cell (PLC) is a registered NGO working with the objective of empowering
people on the legal front. It is a group of retired judges, practicing lawyers, social activists,
academicians and public spirited citizens working to empower people with the power of law. For the
last ten years it has been striving to provide legal aid to the most needy and voiceless individuals of
the society, especially the Indian migrants and emigrants.
The organization wishes to draw your attention to the arbitrary ticketing policy of Air India.
It has been brought to our knowledge by many of our Indian expatriates especially by those working
in Israel that they had booked tickets to travel to India during the month of April-May, which they
now fear they will have to cancel due to the rapid spread of Corona Virus. Furthermore, they do not
wish to undertake immediate travel back home as their jobs are also at stake in the current scenario.
The grievance of the numerous expatriates is that a premier airline company such as Air
India instead of showing humanitarian virtues, is rather seeing these challenging times as an
opportunity to extract unlawful gains from the expatriates who are already in misery due to
uncertainty of jobs, and well being of their family members in India.
The Airline companies in particular Air India on foreseeing that there will be lot of ticket
cancellations due to travel embargo world over, have brought out an arbitrary policy which reflects
the intention of the company. It is apparent from a bare perusal of the policy that the airline
company is trying to put entire burden on the passengers. As per the policy a passenger will have to
pay a hefty sum which is almost equivalent to the charge of the ticket one intends to get cancelled.
The other option put forth by the company is of rescheduling the ticket anytime in the coming one
year. But even in this latter situation , the passenger will have to pay not just the balance amount of
ticket booked but also the additional charges applicable at the time of booking.
It is thus submitted that the afore stated policy is extremely harsh on the ordinary passengers
who book tickets in advance for travelling to their homeland. It is pertinent to note that the
expatriates are not sure as to when they can reschedule their tickets in the prevailing scenario. The

D-144/A, Ashram, New Delhi - 110014

+91 8547768346, +91 9891417346
www.pravasilegalcell.org, pravasilegalcell@gmail.com
 26

grievance of the hapless Indian expatriates is that they tend to lose their hard earned money by
accepting either of the option put forth by Air India.
In light of the aforesaid, PLC requests the Union Government to intervene in this old
unresolved issue. It is our earnest view that immediate steps and directives need to be framed so that
airline companies refrain from adopting profiteering tactics during these testing times when they are
expected to act in a more humane manner. The airline company in question must be directed to
consider the pathos of the passengers and refund their ticket fare in its entirety.

Thanking You,

Yours sincerely,
Sd/-
Adv. Jose Abraham
President, Pravasi Legal Cell

D-144/A, Ashram, New Delhi - 110014

+91 8547768346, +91 9891417346
www.pravasilegalcell.org, pravasilegalcell@gmail.com
ANNEXURE P-3 27
28
 ANNEXURE P-4 29
GOVERNMENT OF INDIA
OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION
OPPOSITE SAFDARJUNG AIRPORT, NEW DELHI-1 1OOO3

No. 4/1 12020-lR

Dated: 27-03-2020

CIRCULAR

ln continuation of circular of even number dated 23-03-2020, the

validity of Ministry of Civil Aviation's Order No. AV.1 1011t1t2020-US
(AG)Office-MOCA dated 23'd March, 2020 is hereby extended till 2359 hrs
IST on 14th April ,2020.

2. Al! domestic operators engaged in scheduled, non-scheduled and

private aircraft operations in lndia shall ensure strict compliance of the order.

f,r',^ll
(Sunil Kumar)'
Deputy Director General

To
1. All Domestic Scheduled/Non-scheduled/Private Operators;
2. The Chairman, Airport Authority of lndia;
3. AII Airport Operators in lndia.
ANNEXURE P-5 30
31
ANNEXURE P-6 32
33
 GOVERNMENT OF INDIA ANNEXURE P-7 34
OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION
OPPOSITE SAFDARJUNG AIRPORT, NEW DELHI-110003
........
No. 4/1/2020-IR
Dated: 19-04-2020
CIRCULAR

Sub: Booking of Airlines ticket for journey post lockdown during the current
Covid-19

Reference to DGCA Circular No. 4/1/2020-IR dated 14.04.2020 disseminating

the Order no. AV.11011/1/2020-US(AG) Office-MOCA dated 14.04.2020 issued by
MOCA through which the prohibition on operation of domestic passenger flights has
been extended up to 2359 hrs IST on the 3rd of May 2020 and DGCA Circular No.
4/1/2020-IR dated 14.04.2020 through which the suspension on operation of Scheduled
International commercial passenger services was extended up to 1830 hrs GMT on the
3rd of May 2020.

In these Circulars, there was no direction/clearance, which allows the Airlines to

start ticket bookings for the journeys to be undertaken w.e.f the 04th of May, 2020.
Further it has been noted that Airlines have started booking tickets for journeys w.e.f the
04th of May 2020. In this respect, it is brought to the notice of all concerned that no
decision to commence the operation of domestic/ International flights w.e.f the 04th of
May 2020 has been taken yet.

In view of this, all Airlines are hereby directed to refrain from booking tickets as
described above. Further the Airlines may note that they shall be given sufficient notice
and time for restarting of operations.

This is for strict compliance by all airlines.

(Sunil Kumar)
Deputy Director General
To
All scheduled domestic and foreign airlines.
 ANNEXURE P-8 35

GOVERNMENTOFINDIA
OFFICEOFTHEDIRECTORGENERALOFCIVILAVIATION
TECHNICAL CENTRE, OPP SAFDURJUNG AIRPORT, NEW DELHI

CIVIL AVIATION REQUIREMENTS

SECTION 3 – AIR TRANSPORT
SERIES‘M’, PART II
ISSUE I, DATED 22 May, 2008 EFFECTIVE: FORTHWITH

File No. 23-16/2016-AED

Subject: Refund of Airline Tickets to Passengers of Public Transport

Undertakings.

1. Introduction

1.1 The issue of refund of tickets by airlines has become a major source of
grievance amongst airline passengers. A large number of complaints are
regularly received which can broadly be divided into the following categories:

(a) Delay in refund of unused tickets

(b) The amount which is refunded by the airlines against cancelled tickets.
(c) Policy of not to refund the ticket amount but to adjust against tickets to
Be purchased by the passenger for future travel in the same airline that
too valid for a limited period of time.

1.2 While the Government is committed not to interfere in the commercial

practices of the airlines, the volume of the complaints necessitates some
affirmative action to safeguard the interest of the traveling public. The matter
has been discussed in several meetings with the airlines with no improvement
in the system adopted by airlines for refund of tickets. It is now considered
that the onus rests with the Government to fix some minimum benchmarks,
as far as there fund policy is concerned in order to stem the growing
dissatisfaction among the passengers regarding the refund procedures
adopted by some airlines.

2. This CAR prescribes minimum requirements for refund of ticket purchased by

persons/passengers with respect to air transport undertakings including
scheduled domestic/non-scheduled operators/ foreign carriers operating
to/from India.

Rev. 2, dated 27th Feb, 2019

Th CIVILAVIATIONREQUIREMENTS SECTION3-AIRTRANSPORT
36
SERIES ‘M’ PART II 22 ndMay,2008

This CAR is issued in public interest as per Rule 133A of the Aircraft Rules
and Ministry of Civil Aviation Order No. AV 13030/105/2007-DT dated 12
May, 2008.

3. Requirements

a) In case of credit card payments, refund shall be made by the airlines within
seven days of the cancellation to the account of credit cardholder.

b) In case of cash transactions, refund shall be made immediately by the

airlines office from where the ticket was purchased.

c) In case of purchase of ticket through travel agent/portal, onus of refund

shall lie with the airlines as agents are their appointed representatives.
The airlines shall ensure that the refund process is completed within 30
working days.

d) The airlines shall refund all statutory taxes and User Development Fee
(UDF)/Airport Development Fee (ADF)/Passenger Service Fee (PSF) to
the passengers in case of cancellation/non-utilisation of tickets/no show.
This provision shall also be applicable for all types of fares offered
including promos/special fares and where the basic fare is non-
refundable.

e) The airline shall provide “Look-in option” for a period of 24 hours after
booking ticket. During this period passenger can cancel or amend the
ticket without any additional charges, except for the normal prevailing fare
for the revised flight for which the ticket is sought to be amended. This
facility shall not be available for a flight whose departure is less than 7
days from booking date. Beyond 24 hours of initial booking time, this
option is not available and the passenger has to pay the relevant
cancellation fees for amendment. It shall be the responsibility of the airline
to ensure this provision through their contracts with travel agents/portals

For example : A person booked his ticket on Delhi –Mumbai-Nanded

sector on 12/02/2019 at 10:00 A.M and his date of departure is 20/02/2019
from Delhi. Now the person can avail the “Look-in option” for amending
his ticket till 13/02/2019 up to 09:59 A.M.

f) The option of holding the refund amount in credit shell by the airlines shall
be the prerogative of the passenger and not a default practice of the
airline.

2
Rev. 2, dated 27th Feb, 2019
Th CIVILAVIATIONREQUIREMENTS SECTION3-AIRTRANSPORT
37
SERIES ‘M’ PART II 22 ndMay,2008

g) The airlines should indicate in an unambiguous manner the amount of

refund of money admissible on cancellation of a ticket. For this purpose,
the amount and its break-up may be indicated on the ticket itself or
through separate form used for the purpose, and the policy and amount
of refund shall also be displayed by the airlines on their respective
websites.

h) Cancellation charges must be indicated prominently at the time of

booking.

i) Under no circumstances, the airline or its agent shall levy cancellation

charge more than the basic fare plus fuel surcharge. This will exclude any
charges levied by the travel agent, which have been fully disclosed at the
time of booking. It shall be the responsibility of the airline to ensure this
through their contracts with travel agents/portals.

j) The airlines shall not levy any additional charge to process the refund.

k) Foreign carriers operating to/from India shall refund the tickets in

accordance with regulations of their country of origin. The mode of refund
shall be in accordance with Para 3 (a), (b) & (c) of this CAR.

l) Airline shall not levy any additional charge for correction in name of the
same person when the error is pointed out by the passenger within 24
hours of making the booking.

(B.S. Bhullar)
Director General Civil Aviation

3
Rev. 2, dated 27th Feb, 2019
38
39