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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.
Footnote
* 2025 SCC OnLine Del 6207.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
