Bengaluru senior citizen legally wins refund fight against tour operator after firm withholds her passport

Bengaluru travel agency penalized for unfair practices after withholding passport and refund from a senior citizen who canceled her Europe trip.

A Bengaluru-based travel agency has been pulled up by the city’s consumer commission for unfair business practices after it withheld both the passport and advance payment of a senior citizen who cancelled her Europe trip due to health concerns, reported The Times of India. 

A Bengaluru travel agency reportedly withheld the passport of a senior citizen after she cancelled her international trip. (File)

What is the case?

According to the report, the 63-year-old Chandraprabha M, a resident of ISRO Layout in JP Nagar, visited the Vijay Nagar office of Chariot World Tours Ltd in March 2024 to make a routine enquiry about a European holiday. However, she ended up being persuaded to book the ‘Chariot All Inclusive 18 Nights, 19 Days Europe Tour’ set to begin on May 13, 2024. Claiming it was a limited-period offer, the tour staff allegedly urged her to make an instant decision. Pressured by the pitch, Chandraprabha paid a ₹1 lakh advance on the spot via cheque and handed over her original passport and supporting documents.

However, her plans changed the very next day, after her doctor advised against international travel due to health complications. She promptly contacted the tour company to cancel the trip. As requested, a written cancellation letter was submitted at the tour office by her son, Shashank G, on March 23 at 10 am. Despite verbal assurances of a refund and return of her passport, the agency sent a letter two days later stating that her full advance payment was forfeited. They cited a non-refundable policy, which Chandraprabha said was never disclosed at the time of booking.

The company also refused to return her passport and travel documents.  Left with no other option, Chandraprabha issued a legal notice on April 6, demanding the return of her documents and refund of the advance. When the agency failed to respond, she approached the consumer court on May 27, accusing the firm of unfair trade practices.

In its defence, Chariot World Tours claimed that the customer had willingly cancelled her tour 52 days ahead of departure. They said the payment included ₹90,702 as advance, ₹4,536 as GST, and ₹4,762 as Tax Collected at Source (TCS), which together constituted about 23% of the total tour cost of ₹4.3 lakh. The agency insisted the amount was non-refundable and that Chandraprabha had signed terms and conditions agreeing to this.

After reviewing submissions from both parties, the consumer forum criticised the tour operator’s stance. The commission pointed out that the booking and cancellation took place within a day, and no major expenses could have been incurred by the company in such a short span. It ruled that applying a blanket non-refundable clause under such circumstances was both “unjust and unfair.”

As a result, Chariot World Tours Ltd has been directed to refund the amount after deducting 5%, pay ₹30,000 as compensation for the harassment caused, and ₹10,000 towards litigation expenses.