Kerala Consumer Forum Fines AirAsia ₹12,000 For Failing To Refund ₹3,000 Ticket Fare After Flight Cancellation

The order was passed by a bench comprising President C T Sabu and members Sreeja S and Ram Mohan R in a complaint filed by a passenger who had booked the airline for travel from Bangalore to Cochin, paying an amount of Rs. 2,893/-.

The complainant submitted that after the confirmation of booking, he received a message on the scheduled date of flight that the flight was cancelled due to operational reasons.

The complainant contended that once a flight is cancelled, it is the duty of the airline to refund the ticket fare without delay. However, after repeated messages and emails requesting refund of the fare, no response was received from the airlines. The complainant also submitted that the respondent airline acknowledged one of the emails requesting refund but no refund or further communication was made thereafter.

The complainant argued that the conduct of the airline amounts to deficiency in service and negligence, causing him financial loss and mental agony.

The Commission examined the evidence which includes the flight tickets of the complainant and observed that is settled law that when a flight is cancelled by the airline, the passenger is entitled to an immediate refund of the entire ticket cost unless he voluntarily opts for an alternate arrangement.

“The complainant made several attempts to obtain the refund through the method prescribed by the opposite party's silence despite reminders and notice, establishes gross negligence.” Court noted.

The Court noted that the failure to refund the amount even after cancellation of the flight constitutes deficiency in service under Section 2(11) of the Consumer Protection Act, 2019.

“The complainant certainly suffered harassment and inconvenience due to sudden cancellation of the flight, moreover repeated failed attempts to secure a refund, and non-responsiveness of the complainant constrained to initiate legal proceedings for a small sum. Airlines are expected to maintain customer-friendly refund mechanisms, especially in cases where cancellation is attributed to them.” Court noted.

The Court thus held that the complainant is entitled to compensation of Rs. 10,000/- for mental agony and inconvenience and litigation cost of Rs. 2,500. The Court has also directed the airline to refund the ticket fare, Rs. 2,893/- with an interest of 9% per annum from 15/06/2021 until the date of actual payment.

The Court directed amounts to be payed within 45 days from date of reciept of order, failing which the entire amount carry interest of 12% per annum .

Case Title: Yadavu P B v Air Asia (India) Ltd.

Case No: CC 162/ 24