A travel agency has been ordered to refund Rs 82,500 to a man whose Bali holiday never materialised after making the booking in 2019. A Kerala consumer commission ruled that the pandemic could not justify retaining his payment for years after international travel resumed.
The Thrissur District Consumer Disputes Redressal Commission also awarded the complainant Rs 25,000 for mental agony, inconvenience and hardship, along with Rs 5,000 in litigation costs, Indian Express reported. The agency was directed to comply within 45 days.
The amount awarded comes to Rs 1,12,500, combining the cost of the unfulfilled tour with compensation and the complainant’s litigation expenses in the case.
Dated August 31, the order found the agency deficient in service and guilty of unfair trade practice. The complainant, who runs a travel YouTube channel, had paid for the package in December 2019 but received neither the holiday nor his money back.
Pandemic did not justify prolonged delay
The commission drew a distinction between the circumstances that initially prevented the trip and the agency’s conduct after travel restrictions were lifted. It acknowledged that the disruption caused by Covid-19 was outside the agency’s control but said the subsequent delay was unjustified.
“It is relevant that the original cancellation occurred due to the unprecedented Covid-19 pandemic, which was beyond the control of the opposite parties (travel agency). Nevertheless, their subsequent failure either to conduct the tour or refund the amount is wholly unjustified,” the order said, according to Indian Express.
The bench comprised president CT Sabu and members Sreeja S and Ram Mohan R. It said the agency should have arranged the booked holiday or returned the payment within a reasonable time once international travel became possible again.
The agency did not contest the complaint despite receiving notices, the commission noted. It also took account of the years the customer had spent waiting and the repeated assurances that his tour would eventually go ahead.
Fresh dates, but no Bali trip
According to the complaint, the man regularly travelled within India and overseas and posted travel content on his YouTube channel. After seeing an advertisement by the travel agency, he booked a three-night, four-day package to Bali, Indonesia.
He said he paid Rs 82,500 in December 2019. The pandemic subsequently prevented the tour from taking place.
After restrictions eased, he repeatedly contacted the agency to have the holiday arranged. According to IE, the agency proposed fresh dates in 2022 and 2023, but none resulted in the promised trip.
The complainant then moved the commission, alleging deficiency in service and unfair trade practice. Represented by advocate TP Krishna Prasad, he sought the return of his payment, interest, compensation and litigation expenses, the report added.
Commission finds unfair trade practice
In assessing the complaint, the commission held that the agency could not retain the package amount for years while failing to deliver the service for which it had been paid. Repeated postponements did not resolve its obligation to the customer.
“Further, inducing consumers to pay the package amount by advertising tour packages and thereafter continuously postponing the service without refunding the consideration also amounts to an unfair trade practice,” the commission said.
Takeaway from the case
The Kerala consumer commission’s ruling draws a distinction between a disruption beyond a travel agency’s control and its responsibility to customers once that disruption ends. While Covid-19 explained the initial cancellation of the Bali tour, the commission held that it did not justify retaining the customer’s money for years after international travel resumed.
The order also showed that an unavoidable cancellation does not absolve an agency of its obligation to address an unfulfilled booking within a reasonable time after travel resumes.
For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.