E-Paper
Panchkula man who couldn’t travel due to Kerala floods awarded full refund
The consumer commission has directed Gurugram based Travel Triangle Private Limited, and Panchkula based MM Travel Company and Life Leisure Trip Company, to refund ₹26,700 to Naresh Garg, 54, of Sector 10, Panchkula, along with 9% interest and ₹5,500 as litigation charges
The District Consumer Disputes Redressal Commission has directed three travel companies to refund ₹26,700 to a 54-year-old Panchkula resident who could not go on a seven-day family tour to Kerala in 2019 due to floods.
The directions to Gurugram-based Travel Triangle Private Limited, Panchkula-based MM Travel Company and Life Leisure Trip Company came on the complaint of Naresh Garg, a resident of Sector 10, Panchkula.
Garg submitted that he had purchased a hotel tour package to Kerala from August 11, 2019, to August 17, 2019, by making a payment of ₹26,700 on the website of Travel Triangle Private Limited.
On August 9, 2019, he sent an email to the travel agency requesting them to reschedule the tour as the Kochi airport was closed up to 3 pm on August 11, 2019, on account of floods. But they informed him that only a sum of ₹10,000 was liable to be adjusted and that too till September 20, following which he approached the consumer court.
Travel Triangle Private Limited sought dismissal of the complaint, saying the complainant had utilised their online platform to find suitable travel agents and booked the said tour through MM Travels. They submitted that the complainant had requested the cancellation of the confirmed booking just two days before the tour. The bad weather in Kerala at that time was a “force majeure” act, which was beyond the control of any of the parties, so no liability can arise against the travel agents.
They further contended that the cancellation was made unilaterally by the complainant as all bookings for boarding and lodging, including hotels, sightseeing, travel, etc., were paid for in advance and duly confirmed by the travel agents.
MM Travel Company and Life Leisure Trip Company were proceeded against ex parte as no one appeared on their behalf.
Finding no merits in submission of Travel Triangle Private Limited, the consumer commission held, “Pertinently, the complainant had sought the rescheduling of the tour package under compelled circumstances and not out of his choice. Travel Triangle Private Limited had totally overlooked and ignored the flood situation in Kerala, while retaining/forfeiting the booking amount as deposited by the complainant. The terms and conditions of the invoice dated 03.07.2019, being one sided and unfair, are of no help to the case of Travel Triangle Private Limited.”
Directing the travel agencies to refund ₹26,700, along with 9% interest and ₹5,500 as litigation charges, the commission said, “It is also relevant to mention here that it is impermissible for a service provider to withhold or forfeit the payment qua which no services had been provided to the consumer.”
“We hold that Travel Triangle Private Limited, MM Travel Company and Life Leisure Trip Company were deficient while rendering services to the complainant, for which, they are liable, jointly and severally, to compensate the complainant,” the commission held, disposing of the complaint.
