Mumbai: Consumer panel asks SpiceJet to pay couple full refund for flight cancelled during Covid in 2020

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A consumer commission in Mumbai has directed private carrier SpiceJet Limited to refund a couple the amount they had paid for a flight which was cancelled during the Covid-19 pandemic, PTI reported.

The commission held the airline guilty of "deficiency in service" by not refunding the ticket cost to the elderly couple following the flight cancellation, despite clear guidelines from the Supreme Court and aviation regulator DGCA (Directorate General of Civil Aviation) on it.

The district consumer disputes redressal commission (Mumbai suburban) passed the order last month, but its details were made available only recently.

According to the order, the complainants who are residents of Chembur in the eastern suburbs of Mumbai, had booked two tickets on June 24 four years ago from Mumbai to Pondicherry via Bangalore for a flight scheduled on July 1. The couple made a payment of Rs 13,696 for the tickets through a credit card.

As per their complaint, the couple later received an email from the airline informing them that their flight had been cancelled.

In another email, the airline told the Mumbai couple that the tickets will be maintained in a credit shell which can be used to make a fresh booking for travel till March 31 the next year for the same passengers.

SpiceJet also asked to pay Rs 10,000 for 'mental agony' caused to the seniors

However, the couple requested a full refund of the ticket cost as they had no plans for travel.

They sent many emails to SpiceJet between September 2021 and February 2022 seeking a full refund of their money with interest.

The airline responded positively and asked the couple to wait till the completion of formalities, and later sought their bank details to refund the ticket booking amount.

While the complainants immediately complied, the airline did not return the money, prompting the couple to escalate the matter to the airline's nodal officer. However, the nodal officer's response was similar to that of the airline, the couple stated in their complaint. The couple also sent a legal notice to the airline through their lawyers but it remained unanswered.

The couple then approached the consumer commission, seeking the booking amount of Rs 13,696, besides interest at 9 per cent per annum, Rs 1.5 lakh for "mental agony" caused and Rs 50,000 towards litigation charges.

SpiceJet contended that it tried to transfer the ticket booking amount to the account provided by the couple but the transaction was declined with remarks such as "account does not exist" and "incorrect account details" in January 2023.

However, the commission in its order noted that the bank statements placed on record by the complainants showed that their account was active at the time of alleged transfer attempts by the airline.

The carrier also failed to provide any evidence regarding the alleged transaction failures, leading the commission to state that the lack of documentary evidence "supporting the opponent's contention undermined its credibility".

"Therefore, we are of the view that the opponent is reluctant to refund the ticket booking amount staging vague and unreasonable excuses," it said.

The commission directed the airline to refund the complainants the total ticket booking amount of Rs 13,696 without deducting any charges with an interest of 9 per cent per annum from the date of the flight cancellation till the actual realisation.

SpiceJet was also asked to pay the complainants Rs 10,000 for mental agony and Rs 5,000 towards the cost of litigation.

(With PTI inputs)