Forced to buy fresh air tickets after testing Covid +ve, doctor wins refund

Hindustan Times

2 days ago

A retired assistant civil surgeon, who was forced to buy fresh air tickets after testing positive for Covid-19 during his US trip in January 2022, has won relief from the District Consumer Disputes Redressal Commission, Sangrur. The complainant alleged that this was a violation of Covid-19 instructions and a serious offence under the Disaster Management Act, 2005.
Terming Air India guilty of deficiency in service and unfair trade practices, the commission has directed the airline to issue a complete refund of the $1,370 spent on the San Francisco to Delhi tickets, along with ₹10,000 for causing mental agony and ₹10,000 for litigation costs.
The complainant, Dr Surinder Singla, had submitted before the commission that he and his wife, Dr Neena Singla, had booked return flight tickets between Delhi and San Francisco via online portal MakeMyTrip for ₹1,54,773. They were set to return on January 3, 2022.
Before their return flight, Dr Surinder said, he underwent a mandatory Covid-19 test and tested positive on January 1, 2022. The couple immediately informed MakeMyTrip and requested the flights be rescheduled as per the government's Covid-19 policy. But despite repeated correspondence, the flights were not rescheduled.
The complainant alleged that this was a violation of Covid-19 instructions and a serious offence under the Disaster Management Act, 2005.
After receiving no response regarding rescheduling, the couple was forced to purchase new tickets on January 10, 2022, from San Francisco to Delhi, at a cost of $1,370. After returning to India on January 13, 2022, their request for a refund for the original tickets was declined by Air India.
The complaint was filed against both Air India and MakeMyTrip. However, the commission exempted the latter from any liability, accepting its argument that its role was limited to acting as a 'facilitator' for providing confirmed tickets and that its obligations were discharged once the tickets were provided.
No one appeared or responded from Air India's end. Thus, it was proceeded against ex parte. Stating that the evidence produced by the complainant remained unrebutted, the commission ordered Air India to refund $1,370 paid for the fresh air tickets, along with interest at 7% per annum from filing of the complaint till realisation. Further, the airline will pay ₹10,000 on account of mental pain, agony and harassment caused to the couple, and ₹10,000 for litigation expenses within 60 days from the receipt of a copy of this order.