The Supreme Court Wednesday asked the Centre to clarify if it will provide a complete refund of air tickets booked for travel during
nationwide lockdown, imposed to curb the spread of COVID-19.

A bench headed by Justice Ashok Bhushan referred to a recent
affidavit filed before it, by the Director General of Civil Aviation (DGCA) saying
that ticket booked for travel during the lockdown period will be refunded.

Solicitor General Tushar Mehta told the bench, that suppose a
ticket was booked on March 15, which is before the lockdown period, then also
full refund would be given. However, Mehta said that he would file an
additional affidavit clarifying the position in this regard.

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“As per my understanding, even before the lockdown suppose a
ticket was booked on March 15 for travel during the period of lockdown and the
flight was cancelled, complete refund may be given,” he said.

Mehta said if a ticket was booked for travel from a foreign
country to another offshore nation, then it is not in the hands of the
government to refund the ticket amount.

He said the government has proposed refund of amount for tickets
booked during the COVID-19 lockdown for domestic or international travel within
the lockdown period and they have tried to ensure that airlines don’t suffer
due to this.

Mehta said the proposal for ticket refund has to be approved by
the apex court.

“Central government has taken a decision but the court has to
approve it. Government has decided to refund the amount for the tickets,” he
told the court, adding, “We have tried to ensure that airline also don’t
suffer”.

The top court was hearing a plea which has raised the issue of
air ticket refund owing to cancellation of flights due to COVID-19 induced
lockdown which had commenced from March 25.

The DGCA, in its affidavit filed recently in the top court, has
said that full refund shall be provided by airlines immediately for tickets
booked during the COVID-19 lockdown for domestic or international travel within
the lockdown period.

It has said that for all other cases, the airlines shall make
all endeavors to refund the collected amount to the passenger within 15 days.

During the hearing conducted through video-conferencing on
Wednesday, Mehta said that there are three categories and for domestic travel
ticket, every airline has to refund which is irrespective of the date.

Senior advocate Harish Salve, appearing for Spicejet, said they
agree with the stand of the government.

Senior advocate Mukul Rohatgi, appearing for Indigo, said, “By
and large, we also agree with the Centre’s proposal and have only one or two
issue for which two three days be given.” “Then we will hear it some other day.
You all file response to the affidavit,” the bench said.

Advocate Neela Gokhale, representing travel agent association,
said that their funds have been stuck as no refunds were given by the airlines.

“We have consulted all stake holders including ticket agents
before finalising the proposal,” the solicitor general said.

The bench told Mehta that he can also file an additional
affidavit if he want to clarify something.

“I will like to clarify on the point of date of booking of
tickets as suggested by the court,” Mehta said.

The bench observed, “Flights were cancelled and all aspects are
needed to be considered. You consider everything.” The apex court has posted
the matter for hearing on September 23.