“The demand by opposite party (travel agency) for additional charges of Rs 2.98 lakh on May 14, 2024 for changing the travel dates was wholly unwarranted, uncalled for and unjustified on the part of the company…Such conduct amounts to unfair trade practice and concealment of hidden charges and, as such, constitutes deficiency in service and unfair trade practice on the part of the company,” the commission said on September 18.
The dispute began on April 6, 2024, when the four passengers booked round-trip flight tickets from Delhi to Amsterdam via Helsinki on an international airline. Their onward journey was scheduled for April 20, with the return journey on April 27. The total amount paid was Rs 5.43 lakh.
Passengers were promised ‘open tickets’
According to the complaint, the travel agency had assured the passengers before booking that the flight tickets came under an “Open Ticket” policy. They said they were told that the travel dates could be rescheduled within one year of booking without supplementary fees, penalties, or additional charges from the airline.
On April 18, 2024 two days before the scheduled departure, the passengers realised their visas would not be processed in time. They informed the agency through a dedicated WhatsApp group and requested a change in their travel dates.
The visas were subsequently received on April 27, 2024. However, the passengers alleged that on May 14, 2024 the agency demanded an additional Rs 2.98 lakh for changing the travel dates. They sought a refund of the Rs 5.43 lakh paid for the flight tickets.
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The travel company denied the allegations and sought dismissal of the complaint. It said it had merely acted as a travel agent facilitating the flight bookings and had no control over visa issuance, travel authorisation or airline rescheduling rules.
The agency maintained that the passengers had been informed that changing flight travel dates could involve fare differences and possible penalties under airline norms. It denied that its agent had promised an open-ticket facility allowing date changes without additional charges.
It also claimed that the tickets were non-refundable and that any flexibility in rescheduling was subject to the airline’s policies and applicable fare differences. The passengers reiterated that the flight tickets were open tickets and that the additional demand amounted to deficiency in service and unfair trade practice. They placed payment records, the tickets and WhatsApp conversations before the commission.
Deficiency in service
After considering the pleadings and documents, the commission found that the passengers had purchased the tickets after being led to believe that they were open tickets, “especially in Whatsapp chat”. It held that the demand for Rs 2.98 lakh on May 14, 2024, for changing the travel dates was unjustified. The commission further observed that the agency had indulged in “mis-selling with the intention of extracting more money from the customers”.
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It said the conduct amounted to unfair trade practice and concealment of hidden charges and constituted deficiency in service and unfair trade practice. The commission said that because of the additional demand, the passengers decided not to undertake the journey and sought a refund of the entire Rs 5,43,551 paid for the flight tickets. The commission directed the company to refund Rs 5,43,551, along with 6 per cent annual interest from September 19, 2024, the date of filing of the complaint, until realisation.
It also ordered the agency to pay Rs 30,000 as compensation for mental agony and harassment and Rs 20,000 towards litigation expenses. The agency has been given 60 days from the date of pronouncement of the order to comply. If it fails to do so, the amount will carry 7 per cent annual interest from the date of default until realisation.
Takeaway
If a travel agency promises flexible or “open” tickets, keep the promise in writing and save WhatsApp chats, emails, tickets and payment records. Before paying for a date change, ask for the airline’s applicable fare and rescheduling rules in writing.
For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800–11–4000) or call the National Consumer Helpline at 1915 for assistance.
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