Ref : E&R/Press/04/writ2/jsd

Senior Citizens’ Air Travel Concessions: HC Admits CERS Petition

The Gujarat High Court has admitted a Special Civil Application submitted by Consumer Education and Research Society (CERS), Ahmedabad, praying for directive to the Ministry of Civil Aviation to withdraw the new terms and conditions restricting the air traffic concessions given to senior citizens.

Besides CERS, the others who jointly submitted the petition are : the Senior Citizens Forum, Pune, Prof. Manubhai Shah, Ahmedabad and V. Krishnamachari, Mumbai. The Respondents are : the Secretary, Ministry of Civil Aviation; the Director General, Civil Aviation; the Indian Airlines, Jet Airways, Sahara Airlines; and the Chief Secretary, Ministry of Social Justice and Empowerment.

Under the new scheme, a senior citizen loses the concession in fare, if he books ticket for a one-way journey. Secondly, it stipulates the senior citizen to stay at a place for seven days. If he returns before seven days, he loses the concession. Thirdly, it compels the senior citizen to purchase a confirmed ticket seven days before departure, the petition says.

The scheme for air travel concession to senior citizens was introduced in 1999. The new scheme, incorporating “impracticable” and “unreasonable” conditions and withdrawing earlier concessions, is a harsh and retrograde step, the petition alleges. Introduced on 7 July 2003 by the Indian Airlines, Jet Airways and Sahara Airlines, the scheme took away all earlier benefits in an indirect way. The Indian Airlines relaxed the condition of minimum stay at the destination from 7 days to 2 nights recently. But this does not make much sense. If a senior citizen is required to travel after completing his work on the same day or just one-night stay, the petition questioned, why he should be forced to stay for two nights at the destination.

Senior citizens travel for a shorter period or at a short notice in exigencies like medical needs, sickness or death of near and dear ones. Booking a ticket seven days in advance may not be possible in these circumstances. Such situations have not been taken into account, while introducing the new scheme, the petition complains.

Article 41 of the Constitution confers certain rights and privileges on senior citizens. The new terms and conditions imposed by the Ministry of Civil Aviation and the airlines violate the Article, the petition contends.

The Government of India announced a National Policy on Older Persons in January 1999. This policy identified financial security, health care, nutrition, shelter, education, welfare and protection of life and property, etc. as areas in which certain benefits should be given to senior citizens in the country. The new terms and conditions are not in consonance with either this national policy or the scheme of discount followed by other Government undertakings abroad, such as Alitalia Airlines, the petition explains.

It is also contrary to the concessions allowed to senior citizens by the Railway Ministry for travel by rail and the Central Board of Direct Taxes while filling Form 15H. The Railways and the Income Tax department, the petition points out, have announced separate counters for senior citizens for reservation and filing returns.

Before revising the scheme, the Government did not give an opportunity to senior citizens to air their views on the matter. This is nothing but arbitrary and one-sided contract which has been called to question in the LIC of India and others vs. CERS and others (AIR 1995 SC 1811), the petition says.

The three airlines need to refund the excess fare charged on the introduction of the new scheme to each senior citizen who travelled by their airlines, the petition states.

Date : 14/10/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

 

————————————————————————————————-

CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad - 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
————————————————————————————————-