“The opposite party (travel agency), having received Rs 50,000 towards the proposed tour package and having failed to establish provision of the promised service or any contractual justification for retaining the said amount, is liable for deficiency in service,” the September 9 order read.
Trip that never materialised
The couple claimed that they approached the travel agency, along with a few other people, in August 2024 for a Bangkok tour package. The promised package for November allegedly included round-trip flight tickets from Hyderabad to Bangkok, three nights’ stay in Pattaya, Coral Island and Bangkok, local transportation, and accommodation in three-star hotels. The agency quoted Rs 19,999 per person for the package.
They paid Rs 50,000 online on August 31, 2024, including Rs 10,000 for two relatives, who later paid another Rs 30,000 to the agency but could not join the complaint.
Promotional offer: Agency
The travel company, through advocate M Jitender Reddy, said the package was a promotional offer subject to terms and conditions. It denied that the Rs 50,000 was accepted over any promise to accommodate the complainants or their relatives beyond the terms of the offer. The agency also disputed the claim that the relatives had paid Rs 30,000 and questioned the complainants’ authority to seek relief on their behalf.
The company also said the complainants could not be treated as “consumers” under the Consumer Protection Act because the package’s terms had not been fulfilled.
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‘Can’t retain amount’
The commission rejected the agency’s defence, noting that it had not produced the terms and conditions on which it relied. It also failed to show that the Rs 50,000 was subject to any forfeiture or cancellation condition or that the amount had been taken towards any service that was actually provided.
The commission mentioned that the complainants are entitled to a refund of the amount which the agency admittedly received. It said the commission is empowered to grant appropriate relief, including refund and compensation, if required.
Accordingly, the consumer forum directed the travel agency to refund Rs 50,000 to the complainants and to pay Rs 10,000 towards compensation for mental agony and inconvenience. It was also directed to pay Rs 5,000 towards costs within 45 days.
Takeaway
A travel agency cannot retain money received for a promised tour without showing that the service was provided or that it had a contractual basis to keep the amount, the commission held.
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For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Telangana: 1800-4250-0333) and Union territories or call the National Consumer Helpline at 1915 for assistance.
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