Seeking a refund for cancellation of a flight for personal
travel? The Delhi High Court says that commercial courts are not
the right forum.
Background
Two passengers cancelled their tickets due to a medical
emergency. The airline issued travel vouchers but still deducted
cancellation fees. The passengers sued the airline in a commercial
suit, claiming a full refund, interest, and damages, arguing that
it was a service-related issue.
Decision
The Court disagreed and said:
- Not all contracts are commercial. The context of the
transaction matters.
- Commercial disputes must involve business or trade, and
personal travel does not fulfil this requirement.
- The airline was only obligated to take the passengers to their
destination. If there is no trade or commerce involved, it is not a
commercial matter.
