A local man has filed a lawsuit against national carrier Malaysia Airlines Bhd (MAB) over flight tickets he purchased but was later cancelled during the Covid-19 pandemic.
In the legal suit, the claimant, R Sivanaeswaran, said the airline’s refusal to refund him the tickets was in violation of public policy as his understanding was that the tickets were refundable, reported FMT.
M’sian man sues MAS over 3 flight tickets cancelled by MAS
According to the suit filed in the Shah Alam magistrates’ court last month, Sivanaeswaran bought three flight tickets with his credit card on March 2, 2020, to visit his family in Auckland, New Zealand, on April 10 the same year.
He was to be accompanied by his daughter, Shamin Nisha, and granddaughter, Laxmesha Shankar, on the trip as well. However, the tickets were cancelled due to the Covid-19 pandemic.
As a result of the cancellations, Sivanaeswaran is seeking a 5% interest on the principal sum of RM8,460 until the judgment amount is settled, RM5,000 in general damages for mental anguish, RM5,000 in legal costs, and other costs and relief deemed fit by the court.
Claimed MAS tried to evade responsibility
Sivanaeswaran argued that MAB, which is an entity under Malaysia Aviation Group, has the responsibility to refund cancelled tickets once they’ve been sold.
He also said the transport provider had a duty to reasonably perform its contractual obligations, as no-refund policies violate public policy and morality.
He added there was an insufficient appreciation of the purpose of travel when MAB alleged that Covid-19 was an “extraordinary circumstance” under Article 3.2.5 in the General Conditions of Carriage.
The terminology ‘extraordinary circumstances’ relied upon does not cover omissions or solutions created by the defendant. MAB, therefore, cannot escape liability.
“MAB had carefully and intelligently shifted the misfortune onto me and added that no extraordinary circumstances entirely absolved it of liability,” he wrote in the statement of claim.
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