Senior citizen’s ordeal on foreign tour results in Rs 1.45 lakh payout from travel agency

The commission noted that the agency failed to provide ample service to the complainant and her son and did not comply with the terms and conditions of the agreement between them.

Foreign trip gone wrong

According to the complaint, the senior citizen and her son planned a foreign trip with a seamless experience. They booked a Singapore-Malaysia tour package after relying on the travel operator’s advertisements.

The package allegedly included four-star accommodation, three-course meals, airport representatives to receive and escort them to hotels, sightseeing arrangements and transportation for shopping.

The complainant stated that she paid Rs 2.42 lakh, comprising Rs 1,70,400 as package charges and Rs 71,600 towards flight fares.

It was alleged that upon arriving at Singapore airport, neither the complainant nor her son found any representative to receive them.

They stated that despite repeatedly calling the travel operator, they received no assistance and had to remain at the airport for nearly seven hours before making their own arrangements.

It was further alleged that they also had to purchase food and drinking water at their own expense, as the promised breakfast and other facilities were not provided.

The complainant submitted that the act of the opposite party caused mental agony and financial loss. Alleging deficiency of service and unfair trade practice, the complainant moved consumer forum.

Although notice was served, the travel operator failed to appear before the commission or file a written statement. The matter, therefore, proceeded ex parte.

Deficiency in service

• After examining the evidence, the commission noted that the complainant had paid a total consideration of Rs 2.42 lakh to the travel agency.
• It observed that the complainant and her son, in many places, were isolated from the other members, and they were forced to hire vehicles to reach the hotel.
• “The OP already received Rs 2,42,000 from the complainant and her son. But the OP failed to provide ample service to the complainant and her son and not comply the terms and condition of the agreement,” the commission observed.
• Noting that the opposite party failed to appear and prove their defence, the commission held that it is bound to redress the grievance of the complainant.
• Holding the travel agency liable for deficiency in service, the commission directed it to refund Rs 1 lakh towards the loss suffered by the complainant.
• It further ordered it to pay Rs 35,000 as compensation for the mental agony caused to the complainant and her son, and Rs 10,000 towards litigation costs within 30 days.

Significance of this judgment

The ruling reinforces that travel operators are bound to deliver the facilities and assistance promised under package tours and can be held liable when significant shortcomings deprive consumers of the experience they paid for. The decision also highlights that consumers are entitled to compensation where such lapses cause financial loss, inconvenience and mental agony, particularly in the case of senior citizens.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Kerala helpline: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.