VidhiSangh

Supreme Court of India · 01/10/2020

PRAVASI LEGAL CELL & ORS. versus UNION OF INDIA & ORS.

[2020] 12 S.C.R. 102 · 2020 INSC 575

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Summary

The Court prescribed a pandemic-specific framework for cancelled-flight refunds, distinguishing bookings and travel during lockdown from later travel and other cases. Financially distressed airlines could issue transferable, enhanced-value credit shells in the residual category, usable until 31 March 2021, with safeguards for agent bookings and refunds. The Court refused a longer credit-shell period and directed DGCA to secure compliance rather than deciding every broader contention.

Issues

  1. What refund and credit-shell arrangements should govern flight cancellations affected by the 2020 lockdown.
  2. How passengers’ refund rights and travel agents’ interests should be accommodated alongside airline financial distress.

Held

Result

Writ petitions disposed of with the specified refund, credit-shell, transfer and incentive directions and DGCA compliance supervision. The framework addressed the identified pandemic cancellations and did not establish a general replacement for ordinary CAR refunds.

Judgment PDF: Supreme Court of India, [2020] 12 S.C.R. 102.