Flight cancelled amid Indo-Pak tensions, travel company asked to refund Rs 1.11 lakh

The commission held the complainant eligible for a refund of the full amount paid by him towards tour expenses, as he had not availed any service from the opposite party.

flight travel agency consumer courtThe complainant alleged that he was denied full refund. (Image generated using AI)

The Mysuru district consumer commission recently directed a travel company to refund Rs 1.11 lakh to a couple after their Uttarakhand tour was cancelled following a flight cancellation in 2025 amid tensions between India and Pakistan.

President-in-charge H N Shrinidhi and member M K Lalitha held the complainant eligible for a refund of the full amount paid by him towards tour expenses, as he had not availed any service from the opposite party.

“Even though the cancellation of the programme is due to an unforeseen contingency the opposite party cannot deny its liability for full refund of the amount to the complainant in as much as refund towards airfare has been received by the opposite party,” the order dated September 3 read.

The commission also awarded the couple Rs 20,000 as compensation for mental agony and inconvenience and Rs 5,000 towards litigation costs.

Why did the commission ordered full refund?

According to the complainant, he had booked a six-day Uttarakhand tour for May 8 to 13, 2025, paying Rs 1,10,461. The booking included flight tickets for their onward and return journeys. The complainant alleged that they were subsequently informed that their flight had been cancelled due to the war-like situation between India and Pakistan. They then sought either rescheduling of the tour or a full refund.

It was stated that the travel company came up with the proposal for a refund of Rs 66,000 out of Rs 1.10 lakh paid by the complainant. The complainant stated that he came to know that the airlines had cancelled the ticket of the complainant and made the payment to the opposite parties who failed to refund the same.

The complainant alleged that the travel company had offered Rs 66,000 in the form of a gift voucher valid for 12 months. Feeling aggrieved the complainant moved consumer commission seeking refund and compensation.

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The travel company argued that the cancellation by airlines was caused by an unforeseen situation beyond its control and that it was only a facilitator. It also relied on its force majeure and refund policies, contending that refunds were subject to receiving amounts from airlines and other service providers. The company further claimed that the booking was under a non-refundable category but said it had nevertheless offered Rs 66,669 as a goodwill gesture.

Examining the email communications between the complainant and the travel company, the commission observed that the company was inconsistent in its approach, either to refund the amount collected or fixing an alternative date as proposed by the complainant.

“The commission, looking at the way in which the entire transaction has been proceeded with by the opposite party, has no option except to term the actions of the opposite party as an unfair trade practice,” the commission said. It further noted that it is incumbent for the opposite party to take responsibility for collecting the respective amounts from the service partners and to pay it to the complainants without any murmur.

Observing that the couple was entitled to a refund as they had not availed the tour services, the commission directed the company to pay Rs 1.11 lakh towards refund and Rs 20,000 as compensation and Rs 5,000 as litigation costs.

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Takeaway

Travel companies cannot avoid responsibility by merely describing themselves as facilitators; when a tour is cancelled and the consumer has not availed the promised services, they must provide a proper refund or give clear reasons for any amount withheld.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Karnataka: 1800-425-9339) or call the National Consumer Helpline at 1915 for assistance.

 

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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