No Bali trip, no refund: Kerala YouTuber gets Rs 1.12 lakh from travel agency

The man booked a Bali tour package in December 2019, which got cancelled due to Covid-19 pandemic, but even after international travel resumed, the agency allegedly neither conducted the tour nor refunded his money.

YouTuber Bali trip Covid 19 Rs 1.10 lakh travel agencyThe commission held that the travel agency could not keep the man’s money for years without providing the promised service. (AI-generated image)

A Kerala consumer forum has ordered a travel agency to pay Rs 1.12 lakh to a man after finding it deficient in service and guilty of unfair trade practice. The man, who runs a travel YouTube channel, allegedly paid for a Bali tour in 2019 but never received the promised trip or a refund from the agency.

President C T Sabu, along with members Sreeja S and Ram Mohan R of Thrissur District Consumer Disputes Redressal Commission, acknowledged that the Covid-19 pandemic had led to the cancellation of international tours, but once restrictions were lifted and global travel resumed, the agency was required to either conduct the booked tour or refund the money within a reasonable time. 

“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 August 31 order read. 

Trip postponed repeatedly

The man claimed he is a travel enthusiast who regularly takes domestic and international trips and also runs a YouTube channel, where he posts travel-related content. He added that he came across an advertisement for the travel agency and booked a three-night, four-day tour package to Bali, Indonesia. He allegedly paid Rs 82,500 towards the package in December 2019.

However, the tour could not take place due to the pandemic. After restrictions were lifted and international travel resumed, he repeatedly contacted the agency but it allegedly kept postponing the trip. The agency proposed different dates in 2022 and 2023, but the tour was never conducted.

The man then approached the commission seeking a refund, interest, compensation and litigation costs, alleging deficiency in service and unfair trade practice. He was represented by advocate T P Krishna Prasad. 

‘Man entitled to refund, compensation’

The commission held that the agency could not keep the man’s money for years without providing the promised service. It noted that the agency repeatedly postponed the tour instead of either conducting it or returning the money.

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The forum said that keeping a consumer’s money for years without providing the promised service amounted to deficiency in service. “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,” it added. 

The commission also noted that the agency did not contest the case despite receiving notices. It noted that the man had waited for years after paying for the package and was repeatedly assured that the tour would take place. Accordingly, it directed the agency to refund Rs 82,500 along with Rs 25,000 as compensation for the mental agony, inconvenience and hardship suffered by the complainant. The travel agency was also ordered to pay Rs 5,000 towards litigation costs within 45 days.

Takeaway

The ruling makes it clear that while a travel agency may not be responsible for a tour being cancelled because of an unforeseen event such as the Covid-19 pandemic, it cannot keep a customer’s money indefinitely once 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.

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Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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