‘Crushed hopes’: Kerala company to pay Rs 15.83 lakh for ‘cancelling’ trip to holy places

The pilgrims had approached the commission alleging that the company had advertised a package tour covering Mangaluru, Delhi, Ayodhya, Varanasi and Gaya at Rs 47,750 per person. According to the complaint, the tour package included accommodation in Delhi. The company initially demanded 50 per cent of the tour cost as advance payment and later sought another 25 per cent. The complainants stated that they collectively paid Rs 8.62 lakh to the tour operator.

‘No arrangements, no refund’

They alleged that the tour was unilaterally cancelled without informing them beforehand. They claimed that the company neither arranged train or flight tickets nor booked accommodation for the proposed pilgrimage. After the cancellation, the complainants sent a legal notice seeking a refund and compensation. However, they alleged that the company failed to refund the money.

Notices issued by the consumer commission to the opposite parties were returned unserved, following which the case proceeded without their participation.

The commission found that the complainants, being devotees who had hoped to undertake the pilgrimage and visit the holy places, had relied on the promises and advertisements of the tour operator and paid up to 75 per cent of the charges in advance. It noted that the complainants suffered monetary loss, mental tension and agony, for not being able to fulfil their wish to complete the pilgrimage as desired.

Observing that there was a deficiency in service, the commission held that each and every complainant was entitled to a refund with interest. The commission directed all the opposite parties to jointly and severally refund the amounts paid by the complainants, with interest. It also awarded Rs 1 lakh as compensation and Rs 3,000 as litigation costs to each complainant, payable within 30 days of receipt of the order.

Takeaway

Tour operators cannot retain consumers’ money after failing to provide the promised travel services. Cancelling a tour without making arrangements for tickets or accommodation can amount to deficiency in service, entitling consumers to a refund with interest and compensation for the mental agony and disappointment caused.

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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