“There is deficiency of service and unfair trade practice on the part of the opposite party (tour operator). The opposite party is directly bound to redress the grievances caused to the complainant. Therefore we hold that the OP is liable to refund Rs. 80,000 with 9 per cent interest per annum from the date of payment till realisation,” the August 31 order read.
No tour, no refund
The man claimed that he and his wife work in government service. The couple intended to arrange a tour programme on May 6 to Gujarat and Rajasthan for them and their children. After coming across the advertisement of the tour company and the assurance of the operator, the man allegedly joined the tour programme.
The total amount for the tour programme was Rs 1.19 lakh, and the man allegedly paid Rs 80,000 in February for the trip for the four family members and also shared Aadhaar card copies of his family with the operator.
He then requested the tour operator for confirmation of the flight tickets and other services so that he could apply for leave from his department. But, according to the man, after receiving Rs 80,000 from him, the tour operator stopped responding despite several attempts to contact him.
He added that the tour operator saw his message in April and responded that he was on a train and would call him back. Thereafter, the operator allegedly neither contacted the complainant nor refunded the amount.
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Aggrieved, he moved the commission, alleging deficiency of service and unfair trade practice and saying that the conduct of the tour operator caused him mental agony, hardship and financial loss.
‘Tour operator absconded’
The commission found that after receiving the advance amount of Rs 80,000 from the complainant, the tour operator had absconded and did not arrange the tour programme for the complainant and his family.
It was also found that the man had several times attempted to contact him, but he also evaded the phone calls. “So the opposite party did not comply with the terms and conditions of the tour package. The act of the opposite party caused much mental agony and financial loss to the complainant and his family members,” it added.
It was noted that the operator, after receiving the notice, did not appear before the commission and did not file his written version.
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Accordingly, the commission directed the tour operator to refund Rs 80,000 to the man and also pay Rs 10,000 as compensation for mental agony and Rs 5,000 as litigation cost within 30 days.
Takeaway
This ruling highlights that failure to provide a promised tour service after receiving payment can amount to deficiency in service and unfair trade practice, with the consumer commission ordering a refund and compensation.
For consumer-related grievances, individuals may 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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