R Sivanaeswaran, 76, who filed the suit in the Shah Alam magistrates’ court last month, said his understanding is that all tickets are refundable and the refusal to do so violates public policy.

He wants the court to include a 5% interest on the principal sum of RM8,460 until the judgment amount is settled. He is also claiming RM5,000 in general damages for mental anguish, RM5,000 in legal costs, as well as other costs and relief as deemed fit by the court.

In the writ and statement of claim filed by his solicitors R Kengadharan & Co, Sivanaeswaran said he purchased the tickets via credit card on March 2, 2020, to visit his family members in New Zealand on April 10 the same year.

His daughter, Shamin Nisha, and granddaughter, Laxmesha Shankar, were to accompany him on the trip.

He said that MAB, an entity under Malaysia Aviation Group, must honour its responsibility as the transport provider once tickets are sold.

Sivanaeswaran argued MAB had a duty to reasonably perform its contractual obligations, as no-refund policies are against public policy and morality, according to the statement of claim.

He also said there was an insufficient appreciation of the purpose of travel when the defendant alleged that Covid-19 was considered an “extraordinary circumstance” under Article 3.2.5 in the General Conditions of Carriage.

The plaintiff said MAB had carefully and intelligently shifted the misfortune onto him and added that no extraordinary circumstances entirely absolved MAB of liability.

“In fact, the terminology ‘extraordinary circumstances’ relied upon does not cover omissions or solutions created by the defendant. MAB, therefore, cannot escape liability,” the statement of claim added.

Meanwhile, legal firm Yusfarizal, Aziz & Zaid Advocates and Solicitors entered an appearance on behalf of MAB last week.