Tour operators must show some restraint in cases where a traveller has to cancel a tour due to unforeseen circumstances, South Delhi District Consumer Disputes Redressal Forum has said. The District Forum made the observation on the complaint of a man against a travel company for demanding INR 11,000 as cancellation charge despite having forfeited INR 25,000 already paid by him while booking a tour package.
The forum, which refused refund of INR 25,000 to the man, who had cancelled the trip as he suffered a heart attack, said the company was justified in doing so.
“It is a matter of common knowledge that Indian tour operators have annual contracts with airlines, hotels and local tour operators in different countries to provide tour faculties in order to give best possible facilities to their customers. Indian tour operators pay certain amount of money to the airlines, hotelier and the local tour operators to arrange the flights, stay of the passengers and completion of the local tours. Therefore, if any passenger does not travel on the date fixed for any reason whatsoever, the Indian tour operator has to incur some loss,” the forum said, while adding that it was not the fault of the complainant and his wife. However, the company must have incurred some loss on account of non-performing the journey. Therefore, in the forum’s considered opinion, the firm was justified in forfeiting the amount of INR 25,000 deposited by complainant as advance money.
The forum, however, took strong objection to the company’s move to send a legal notice to the complainant to pay additional INR 11,000 towards cancellation charges along with interest.
“At the same time, we are also of the considered opinion that in such an emergent and unforeseen situation, the tour operators must observe some degree of restraint and should not retaliate in case some particular customer becomes aggressive. In case they do so it is they who will suffer and their reputation may come to a halt. Therefore, in our considered opinion, the company was also not justified in sending a legal notice to the complainant to pay INR 11,000 more towards cancellation charges alongwith interest,” the forum stated.
It disposed of the complaint saying, “Now we hold that neither the complainant nor the company is entitled to any amount from each other. We order accordingly. Complaint stands disposed off.”
The complainant, 66-year-old Satish Kumar Bajaj had booked a tour package with D Pauls Travels and Tours for himself and his wife to travel to Bangkok between April 23-29, 2013 for INR 48,000 and had paid INR 25,000 as advance money. According to the complainant, he suffered a heart attack a day before the trip was to begin and got admitted in a private hospital where he underwent surgery and was discharged on April 24, 2013 and was advised rest for 15 days. The complainant sent an email to the travel firm seeking postponement of the trip, the complaint said, adding that instead, the firm raised a further demand of INR 11,000 as cancellation fee.
The complainant alleged that it was an act of deficiency in service, malpractice and unfair trade practice on the part of the company and sought refund of INR 25,000 besides a compensation of INR 1 lakh towards financial loss and mental pain and agony suffered by him.
(PTI)
