Delhi District Commission Holds Travel Agency Liable For Withholding Advance Amount Of Customer

The Delhi District Commission has held that not refunding the advance trip amount to the complainant even when the complainant did not avail the services of the agency amounts to unfair trade practice. The bench comprising of President Sonica Mehrotra, Member Richa Jindal and Member Anil Kumar Koushal has ordered the refund amount of Rs. 75000/- along with litigation expenses of Rs. 5000/- to be paid to the complainant. Brief background: The complainant paid an advance amount of Rs. 75000/- on 25.02.2020 to Kesavi tour & travels pvt. ltd. for arranging a trip to the United Kingdom. However due to the onset of Covid pandemic, all the trips to UK stood cancelled. Therefore, the travel agency issued a credit note to the complainant. A credit note is a document issued by a seller which indicates that instead of giving a refund, the amount already paid will be adjusted while providing services in future. However, the price of the tickets rose from Rs. 1,22,250/- to Rs. 2,48,850/- after the Covid pandemic. Owing to this sharp rise in prices, the complainant demanded her refund of Rs. 75000/-. On no adequate response from the travel agency, the complainant filed a consumer complaint praying for grant of the said refund. No one appeared on behalf of the travel agency. Therefore, the commission proceeded with the case after hearing the submissions of the complainant only. Observations of the commission: The Commission took note of the Office Memorandum (OM) issued by the Ministry of Civil Aviation during Covid pandemic. As per the said OM, all flight operations were restricted to contain the spread of Covid-19 and all stakeholders in the Civil Aviation sector were advised to refund the air fare for tickets booked during Covid. The Commission observed that neither any services were availed by the complainant from the travel agency nor the agency has shown that it has suffered any financial loss due to the cancellation of trip. Thus, it was observed that the travel agency has been deficient in not refunding the amount of the complainant which amounts to unfair trade practice. The agency was directed to refund the amount of Rs. 75000/-. An amount of Rs. 5000/- was also ordered to be paid as litigation expenses. Hence, the complaint was allowed. Case name: Rita Khastgir vs. Kesavi tours & travels Case number: Complaint Case 202/2023 Date of decision: 19.11.2024Click Here To Read/Download The Order

Delhi District Commission Holds Travel Agency Liable For Withholding Advance Amount Of Customer

Aakanksha Bajoria

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