• Refund from airline

Refund pending from an airline since March this year. Only getting assurances that it will be refunded soon but it's not happening. The airline had cancelled the flight from their side. Please suggest further course of legal action. The amount pending is around Rs. 30,000/-.
Asked 2 years ago in Consumer Law

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10 Answers

Hello,

  1. As the airline has been making only empty promises, you must get a legal notice demanding refund with interest. 
  2. If the airline does not refund upon receipt of the legal notice, you can file a suit for recovery in a civil court or approach the consumer forum for compensation.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

File complaint against airline before consumer forum 

 

seek refund of money paid by you with interest 

 

also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

1. The Department interprets the statutory prohibition against unfair or deceptive practices to cover actions by airlines and ticket agents applying changes retroactively to their refund policies that affect consumers negatively. The refund policy in place at the time the passenger purchased the ticket is the policy that is applicable to that ticket. The Aviation Enforcement Office would consider the denial of refunds in contravention of the policies that were in effect at the time of the ticket purchase to be an unfair and deceptive practice.

2. You can file a complain with the DOT.

3. For further clarification with regard to various flights specific to locations can be accessed here.

What To Do If An Airline Won’t Refund Your Cancelled Flight (forbes.com)

Thank You!

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You can issue a legal demand notice through your lawyer to the Airlines company which is supposed to refund the amount and you may endorse a copy of this legal notice to the Aviation Ministry also for their information.

If there is no proper response to this legal notice also then you my plan to drag the airlines company to consumer forum.  for relief.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Issue a legal notice and give an ultimatum of 10 days for refund failing which you would initiate legal proceedings against them. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

- As per law, the said Airline is under obligation to refund your amount due to canceling of flight reasons.

- You can send a legal demand notice to get refund the amount 

- Further if no response, then file a compliant before the Consumer forum and claim compensation as well for harassment with the said amount. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

You can send a legal notice to them and later approach consumer Court. If you need any further assistance then you can approach me through LinkedIn.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Send them a legal notice. If they fail to adhere within 15 days of receipt of the legal notice, file a complaint against them for deficiency of services and unfair trade practices adopted by them in consumer court under the consumer protection act.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Sir/Madam,

You will have to issue a legal notice to the Airline based on the correspondence exchanged between you and the airline. Once you issue the notice the airline may reply or else you may have to file a suit for recovery of your pending amount.

   

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1. You can file a Complaint Case before the local District Consumer Dispute Redressal Forum against the Ailine and all its Directors alleging deficiency in service and unfair business practice claiming refund of the said amount with interest, damage and cost.

 

2. Before filing the case, you shall have to send legal notice to the airlines including its Directors and probably on receipt of the said legal notice, they might return your money.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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