A consumer commission in Kolkata has directed a travel agency to pay Rs 4.27 lakh to a man whose Switzerland trip to celebrate his 25th wedding anniversary was cancelled after the couple’s passports were allegedly damaged while in the agency’s custody, according to The Indian Express news report. The order includes a full refund of the tour cost, compensation for mental agony and litigation expenses.
President Kallol Chattopadhyay and member Udayan Roy of the consumer commission observed that the couple lost a tour planned over several months for a occasion.
“The complainant and his wife lost a tour planned over several months for their 25th marriage anniversary, an occasion which, as the complainant rightly says, does not come twice in a couple’s life,” the order said.
How the trip was planned and paid for
According to the complainant, he had booked an eight-night, nine-day European tour for himself and his wife in 2018. He later added London to the itinerary and advanced the departure date. The couple specifically planned to be in Switzerland to celebrate their 25th wedding anniversary.
They paid a total of Rs 3,02,971 to the travel agency and handed over their original passports and other documents for visa processing.
Passports found damaged, visas rejected
The couple discovered that their passports were damaged when they visited the visa application centre for their biometrics. Subsequently, they learnt that their visa applications had been rejected. They then applied for re-issuance of their passports under the Tatkal scheme, but were informed that the new passports could not be issued before the scheduled departure date. As a result, the trip had to be cancelled.
The complainant sought a refund of the amount paid, but the company demanded additional money towards the tour and cancellation charges.
Agency’s defence and commission’s view
The travel agency denied damaging the passports. It argued that its role was limited to assisting with visa applications and that the grant or rejection of visas was entirely at the discretion of the concerned authorities. The agency also said that its booking terms permitted forfeiture of the booking amount in case of visa rejection.
The commission, however, noted that the complainant had repeatedly informed the company about the damaged passports, including through emails and a legal notice in 2020. The company did not deny the allegation until it filed its written version in January 2021.
“A commercial organisation faced with a written accusation that its staff had damaged a customer’s passport would be expected to repudiate it at once. The first denial came in the written version filed in January 2021, nearly two and a half years later. Conduct of that kind is a relevant circumstance and tells against the opposite party,” the order said.
On the basis of a preponderance of probabilities, the commission held that the passports were damaged while in the company’s custody and that the visas were refused on that account.
Refund, compensation and costs ordered
The commission rejected the agency’s claim for cancellation charges. It held that a party could not invoke a forfeiture clause when the tour failed because of its own default.
Holding the travel agency liable for deficiency in service, the commission directed it to:
- Refund the entire Rs 3,02,971 paid by the couple.
- Pay Rs 1 lakh as compensation for mental agony and loss of the anniversary trip.
- Pay Rs 25,000 towards litigation costs.
- The amount has to be paid within 45 days.
The order highlights that tour operators must take reasonable care of passports and other documents entrusted to them for visa processing. They cannot rely on standard visa-rejection or cancellation clauses to avoid liability when the failure is attributable to their own negligence. Consumers facing similar grievances may contact the consumer helpline in their respective states (West Bengal: 033–2252–0448) or dial the National Consumer Helpline at 1915 for assistance.