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Airline not refunding ticket even after DGCA guideline
25-Apr-2023 (In Consumer Court Law)
I had booked my ticket through YATRA on 3rd april (period of 1st LD) for 18th April (Indigo), as per DGCA notice they are suppose to refund the ticket but they have created a credit shell and now are not responding Yatra is asking to check with Airline. Under what sections we can raise a legal notice
The Centre on Thursday issued an advisory for all domestic and foreign airline operators to issue full refund to passengers who had booked during the lockdown period up till May 3 for both domestic and international flights.
To be clear, the order categorically states the advisory is only for those passengers who have booked flights during the first lockdown period from March 25 till April 15 for flights up till May 3, since the extension of the lockdown period.
Senior civil aviation ministry officials have clarified the order does not apply to passengers who had booked flights prior to the lockdown for the same period. “There were several distress cases that we got of passengers who had booked flights from April 15 onward thinking the lockdown would be lifted and our priority was to address those cases. The second issue was of passengers who had booked in the first lockdown period during the same period. For example, there were several cases where airlines were still taking bookings despite India’s lockdown orders. Which we said will not be allowed and they will have to pay the passengers back in full,” a senior ministry official said requesting anonymity.
As per the advisory issued by the ministry of civil aviation, airlines have to refund the full amount collected without levy of cancellation charge.
Helpful?
Adv. Manoj Mulchandani
Nashik | 700+ Answers
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Based on the limited facts disclosed by you in your query, I am of the opinion that, you ought to raise your grievances through a legal notice citing deficiency of service and unfair trade practice on part of YATRA.
Recently, we were involved in similar scenario with another client of mine where a the travel agency was attempting to withhold refund despite airline refusing the amount. Upon addressing of a due and proper legal notice, the matter was settled.
Therefore, we feel you must at earliest issue a legal notice and put your grievances on record and call upon them to issue a refund your amout with interest.
The relevant of provisions of law shall be intimated to you once we proceed further but as I stated earlier you have to issue a legal notice for deficiency of service and unfair trade practice.
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Adv. Aditya Deolekar
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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