Raj (IT) 12 October 2016

Refund on non-refundable domestic air tickets?

Hi Experts,

My wife and I, we are residents of Bangalore (Karanataka). Sometime last month we planned a vacation to Goa and booked Air tickets from Makemytrip.com.

We booked round-trip air tickets from Indigo airlines for two adults - journey dates are in last week of October, 2016. Now, these are non-refundable air tickets.

However, now, my wife has been diagnosed pregnant and also she is suffering from illness due to her pregnancy. Due to this unforeseen event we are not in a position to take this vacation anymore and would like to cancel out tickets as well for refund. We have a very valid reason for cancellation.

However, per makeymytrip and indigo, these are non-refundble air tickets. As per an article found online, passengers are entitled for refund / unused tickets even on "non-refundable" tickets. here's the link: https://timesofindia.indiatimes.com/business/india-business/Now-get-refund-on-all-air-tickets/articleshow/7337772.cms

Is this true? Makemytrip would not allow me any refund.

Please advise. Thanks in advance.

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4 Replies

Ms.Usha Kapoor (CEO) 13 October 2016

Yoi can file a civil suit or consumer case and get refund on the basis of Ministry of civil aviation's latest policy of refund of canceled trips base on the article. Consumer court means you'll have to show deficit in service. Here you are cancelling the tickets due to your wife's illness. Hence file a civil suit for reocovery or refund of money in small causes court by way of summary proceedings.If you appreciate this answer please click the thank you button on this forum.

Ms.Usha Kapoor (CEO) 13 October 2016

Summary PROCEEDINGS means they are tried in prompotly in few shorter steps compared to ordinary civil suits where trial is a long drawn process. Under Order 37 CPC summary suits are filed.See the following provision of order 37 CPC.

Suits

How is Summary Suit Instituted

A summary suit is instituted by presenting a plaint in the court containing the following specification ;
1. It must mention that the suit is filed under summary procedure and below the title of the suit it should be inscribed "Under Order XXXVII of code of Civil Procedure, 1908".
2. It must state that no relief, which does not fall within the ambit of this rule, has been claimed.
Then the summons of the suit are to be issued to the defendant, which should be in prescribed from no. 4, accompanied with a copy of plaint and Annexures.
When the defendant appears, he is required to enter his appearance within 10 days of receipt of summons. On default of his appearance it is assumed that he has admitted the allegations made in the plaint and the plaintiff gets entitled to a final order granting him the sum as mentioned in the plaint along with interest at the specified date and costs if the Court thinks it appropriate. (Rule 2)
Where the defendant enters an appearance, the plaintiff is required to serve on him the summons for judgment in Form no. "4A) accompanied with an affidavit verifying the cause of action and the amount which is claimed in the plaint, and a statement to the effect that there is no defence to the suit.
Then, the defendant may apply for leave to defend the suit within 10 days from the date of service of summons, disclosing by way of an affidavit, such facts which he believes to be sufficient to entitle him of the right to defend himself.
The Court shall not refuse permission to the defendant to defend the suit unless it believes that the disclosure by the defendant does not show that he has any substantial defence to raise or that it is frivolous.

Also, where the defendant admits part of the amount claimed by the plaintiff, then the court shall permit the defendant to defend only, when such admitted amount is deposited by the defendant in the court.

The court may also require the plaintiff or the Defendant to deposit some security amount by way of costs, depending on the facts, i.e. to ensure the Bonafide of plaintiff or Defendant.