A Kerala family was left without a planned Gujarat-Rajasthan holiday after a tour operator allegedly stopped responding after receiving Rs 80,000 as advance payment. The Kannur District Consumer Disputes Redressal Commission has now directed the operator to pay Rs 95,000, besides interest on the refund.
The commission held that failing to arrange the promised tour or return the advance amounted to deficiency in service and unfair trade practice.
The Indian Express reported that the commission ordered the operator to refund the entire Rs 80,000, along with Rs 10,000 for mental agony and Rs 5,000 towards litigation expenses.
The order was passed on August 31 by commission president Ravi Susha and members Moly Kutty Mathew and Sajeesh KP.
Family booked Gujarat-Rajasthan tour
According to The Indian Express report, the complainant, a government employee, had planned a Gujarat and Rajasthan holiday with his wife and two children.
The family was scheduled to travel on May 6 after the complainant came across an advertisement for the tour package and was assured by the operator that the necessary arrangements would be made.
The package was priced at Rs 1.19 lakh.
In February, the complainant paid Rs 80,000 as an advance for the four-member family. He also provided copies of the family’s Aadhaar cards to the operator.
The complainant then sought confirmation of flight tickets and other travel arrangements, as he needed to apply for leave from his government department.
Operator allegedly stopped responding
The complainant said the operator stopped responding after receiving the advance. Despite repeated attempts to contact him, he allegedly received no confirmation about the flights or other arrangements.
In April, the operator reportedly responded to one message, saying he was travelling by train and would call back. According to the complaint, however, the call never came. The tour was not arranged and the Rs 80,000 advance was also not refunded.
The complainant subsequently approached the consumer commission, alleging that the operator’s conduct had caused him financial loss, hardship and mental agony.
Commission finds operator failed to honour package
The consumer commission found that the operator had accepted the advance but failed to provide the services promised under the tour package.
The Indian Express reported that the complainant had made several attempts to contact the operator, who allegedly evaded his calls. The operator also failed to appear before the commission despite receiving notice and did not submit a written version defending the complaint.
The commission concluded that the operator had not complied with the terms of the tour package and that his conduct had caused mental agony and financial loss to the complainant and his family.
“There is deficiency of service and unfair trade practice on the part of the opposite party,” the commission observed.
Rs 80,000 refund with 9% interest
The commission directed the operator to refund the Rs 80,000 advance with 9% annual interest, calculated from the date the payment was made until the amount is actually returned.
It also awarded Rs 10,000 as compensation for mental agony and Rs 5,000 towards litigation costs. The total principal amount ordered to be paid is therefore Rs 95,000, apart from the interest on the Rs 80,000 refund. The operator was given 30 days to comply with the order.
Takeaway
The ruling is a reminder that consumers who pay substantial advances for holiday packages should retain payment receipts, advertisements, booking confirmations, emails, WhatsApp messages and details of promised services.
If a tour operator accepts money but fails to arrange the promised trip and does not refund the advance, consumers can seek redress for the financial loss and hardship caused by the failure to provide the service.