‘Refused refund’ for cancelled Bangkok trip, couple wins Rs 60,000 from travel company

“The opposite party (tour company) neither provided the tour nor refunded the amount to the complainant’s account. The said attitude of the opposite party is nothing but deficiency of service. It is a sufficient point that when the complainants violated the terms and conditions, then the opposite party is not to keep the complainant’s amount in their custody because the opposite party is well aware of the terms and conditions which were prepared by them,” the order read.

The couple claimed that they decided to travel to Bangkok along with 10 others under a package priced at Rs 19,999 per person, which included return flight tickets, a three-night stay, and other travel arrangements. They allegedly paid Rs 30,000 in advance and later approached the company for their travel itinerary and flight details, but were informed that the trip had been postponed from November 21, 2024, to November 27, 2024.

Despite the revised date, the company neither organised the Bangkok tour nor refunded the amount, prompting the couple to approach the commission. The couple was represented by advocate K Nagesh Kumar.

‘Customer violated terms’

Representing the tour company, advocate M Jitender Reddy submitted that the Bangkok tour package had mentioned certain terms and conditions. The flight ticket was booked as a round trip from Hyderabad to Bangkok and the tour was a promotional event, and hence every customer, including the couple, had to follow its terms and conditions.

According to the conditions, the customer was to pay for the package on or before August 31, 2024, but the complainant transferred the amount on September 4, 2024, after the due date, which was a strict violation, the counsel pointed out.

The tour company admitted that the Bangkok trip was initially fixed for November 21-24, 2024, but due to some unavoidable circumstances it was postponed to November 27, 2024. However, the postponement did not apply to the couple because they did not pay the amount within the specified time.

Panel slams firm’s ‘bad intention’

The consumer commission noted that despite the strict payment policy, the tour company had accepted the part payment made by the couple for the Bangkok trip after the due date. It held that the company should have refunded the amount to the couple instead of accepting the part payment.

Observing that the company neither provided them the tour, nor refunded the amount, the commission said, “The said attitude of the opposite party (tour company) is nothing but deficiency of service”.

It said the tour company deliberately refused to refund the complainant’s amount with bad intention, and directed the firm to repay the Rs 30,000 paid by the couple along with a compensation of Rs 25,000 and costs of Rs 5,000.

Significance of ruling

This ruling highlights that a travel company cannot rely on its tour package’s terms and conditions to retain a consumer’s money after failing to provide the promised tour. Such conduct amounts to deficiency in service and can attract a refund and compensation.

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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