Tour agency fails to arrange complimentary foreign trip, Kerala man wins Rs 2 lakh

“Failure to provide the promised service, without any satisfactory explanation and despite repeated requests from the consumer, amounts to a clear failure in the performance of the service undertaken,” the order read. 

No promised service or refund 

The man claimed that in December 2023, the tour company contacted him and persuaded him and his wife to join a tour membership programme by offering several attractive benefits, including a complimentary three-night, four-day foreign tour to Malaysia or Maldives for two adults, with accommodation in 4-star hotels and round-trip airfare from Kerala.

Believing the company’s promises, the man said he joined the tour membership programme and paid Rs 1.45 lakh on December 17, 2023. He added that despite promising to arrange the foreign tour, the company failed to provide the promised service. He initially said he was willing to take the Maldives trip in February 2025, but despite repeated communications, the tour company failed to confirm the arrangements.

Later, the company allegedly offered a Dubai trip instead and asked for an additional Rs 25,000 towards flight charges. The man alleged that this demand was contrary to the original promise and agreement and sought cancellation of the membership and a refund. However, the company did not refund the amount.

The man moved the commission, alleging that the company’s failure to provide the promised tour, its subsequent demand for additional payment and failure to refund the amount amounted to deficiency in service and unfair trade practice, causing him financial loss, mental agony and hardship.

‘Failed to provide promised service’

The commission examined the evidence and found that the communication between the company and the man contained a specific promise that he would be eligible for a three-night, four-day holiday package to Malaysia or Maldives for two adults with round-trip airfare from Kerala. It held that the evidence not only established that he had paid the money, but also showed the nature of the package and the special offer that persuaded him to buy the membership.

“These communications demonstrate that the complainant had made efforts to avail the promised benefit and had communicated his readiness to travel. The evidence placed on record, therefore, does not indicate that the complainant had abandoned or failed to avail the service,” the commission noted. 

Noting that the company remained absent despite service of notice, the commission found that it had not placed any evidence on record to explain why the promised tour was not arranged or to show that the man had received the services for which he had paid.

It held that since the company did not provide the service as promised, it could not retain the amount paid by the complainant. Accordingly, it directed the company to refund Rs 1.45 lakh to the complainant and to pay Rs 50,000 towards compensation for mental agony, inconvenience and hardship caused by the deficiency in service.

Lastly, the commission directed the tour company to pay Rs 10,000 as costs of the proceedings within 45 days. 

Takeaway

The ruling highlights that a tour and travel company cannot promise specific holiday benefits, fail to provide the promised service, and then retain the customer’s money without a refund.

For consumer-related grievances, individuals can 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.

Don’t miss out on these stories:

Rs 1,500 Anarkali dress bought on Instagram never came: Kerala woman wins Rs 16,000

Ordered diapers for 1.5-year-old daughter, ‘never’ delivered: Father wins Rs 22,500

Policy terms ‘not given upfront’: Kerala man wins Rs 2.8 lakh payout from insurance firm