Delhi man cancels Manali trek over heavy rain warning, ‘denied’ refund, wins payout

Trekking cancelled

The complainant, along with his two friends, had booked an all-inclusive trek from Manali, Himachal Pradesh, scheduled to commence on August 15, 2024 at an agreed price of Rs 4000 per person, totalling Rs 12,000 for three persons. According to the complainant, he had paid an advance of Rs 3,000, while the remaining amount was to be paid after completion of the trek.

The complainant stated that during the first week of August 2024, Himachal Pradesh witnessed severe weather conditions, with warnings issued regarding heavy rainfall and cloudbursts. Citing safety concerns, he sought cancellation of the trek and requested a refund of the advance amount. However, the operator allegedly refused to return the money despite repeated requests and a legal notice sent on August 10, 2024.

The complainant argued that the refusal to refund the advance amounted to deficiency in service and an unfair trade practice, causing him financial loss and mental agony. He sought a compensation of Rs 50,000.

The commission noted that despite being served notice, the opposite party neither appeared before it nor filed a response. Therefore, it proceeded ex parte.

After going through the evidence, the bench found that the complainant had successfully proved payment of the advance amount and that the operator had failed to contest the allegations.

“The complainant has proved on record payment of Rs 3,000 to the OP. Since the OP has failed to defend its case against the complainant despite service, therefore, the averments of complainant are deemed to be admitted as having remained rebutted and uncontroverted,” the order read.

It held that the complainant had sought cancellation under a force majeure situation as travel had become unsafe due to inclement weather. Allowing the complaint, the commission directed the trek operator to refund the Rs 3,000 advance. It further awarded Rs 2,500 as compensation and Rs 2,500 towards litigation expenses. The commission ordered compliance within 30 days of receipt of the order.

Takeaway

Consumers can be held entitled to a refund when a service becomes impossible or unsafe to avail due to circumstances beyond their control, such as extreme weather conditions. Service providers cannot arbitrarily retain advance payments in such situations, and failure to refund can amount to deficiency in service and an unfair trade practice, making them liable for compensation and litigation costs.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Delhi helpline: 011-23379146) or dial the National Consumer Helpline at 1915 for assistance.

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