Q. I had booked my Mumbai-Bengaluru flight on Vistara UK 845 for November 13, 2024 through EaseMyTrip. The flight was cancelled just two days before departure without giving any alternative booking. Mr travel date coincided with the planned Air India, Vistara merger. On November 20, Air India officially confirmed the cancellation and stated in writing that the refund is to be processed by EaseMyTrip. I had to reschedule travel and accommodation for a crucial business meeting and incurred `25,000 in additional expenses, on top of immense mental stress. Over the next six months, I got courteous, template emails from EaseMyTrip. It was only after I posted on social media on May 23, that I received a call at 11pm offering to process the refund, only if I removed the post. I haven’t received any refund, let alone the compensation. What are my rights? —Ruta Sinhsane, Shivaji Park, Dadar A.
Civil Aviation Requirements (CARs, for short) issued by the Director General of Civil Aviation (DGCA) deal with cancellation and refund by airlines and travel agents. CAR 3.3 deals with cancellation and refund/ compensation. As per CAR 3.3.1 the airline is required to inform the passengers at least two weeks in advance before the departure and arrange for alternate flight or refund, as acceptable. If not informed, the airline is liable to compensate in addition to the entire ticket refund, which will include taxes and service charges, besides basic fare and fuel surcharge.
You were informed only two days in advance; hence, you will be entitled to compensation under CAR 3.3.2 in addition to full ticket refund. The compensation is based on travel duration and is classified into (a) less than an hour journey, (b) 1-2- hours (c) over two hours. The compensation in such cases is Rs 5,000 or Rs 7,500 or Rs 10,000, respectively, or one-way basic fare plus fuel surcharge, whichever is less. In your case, Air India (in which Vistara got merged) ought to have proactively refunded your full ticket cost plus Rs 7,500 compensation.
As per CAR stipulations, refund on cancelled air tickets must be within 30 days. As you booked through EaseMyTrip, the process is expected to be handled by it. EaseMyTrip contacted you recently at odd hours (11 pm) and offered to process the refund provided you withdraw your comments. I am not aware of the contents of your post. Unless they are false and defamatory, EaseMyTrip cannot make it a pre-condition. You need to ascertain if the refund and compensation has been received by EaseMyTrip from Air India.
If Air India has still not processed it, it’s a serious matter and you must take it up with DGCA (Grievance.dgca@nic.in) and claim additional compensation for more than six months. If the delay is on part of EaseMyTrip, you will need to file a compensation claim in the Consumer Commission as, to the best of my knowledge, DGCA cannot act against travel agents or direct them. If you are not satisfied with the quantum of the compensation, you can approach the District Consumer Commission.
(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: shirish50@yahoo.com)
