The Delhi District Commission has ruled that failure to refund the advance amount to the complainant, even when the complainant has not used the travel agency’s services, amounts to unfair commercial practices. The sofa consisting of Chairman Sonica Mehrotra, member Richa Jindal And Member Anil Kumar Koushal has ordered the refund amount of Rs. 75000/- along with legal costs of Rs. 5000/- to be paid to the complainant.



Brief background:


Complainant has paid an advance of €. 75000/- on 25.02.2020 till Kesavi tour & travel pvt. ltd. for arranging a trip to Great Britain. However, due to the outbreak of the Covid pandemic, all trips to the United Kingdom were cancelled. Therefore, the travel agency provided a credit note to the complainant. A credit note is a document issued by a seller stating that instead of providing a refund, the amount already paid will be adjusted when providing services in the future. However, the price of the tickets increased from Rs. 1,22,250/- to Rs. 2,48,850/- after the Covid pandemic. Due to this sharp increase in price, the complainant demanded her refund of Rs. 75000/-. Since the travel agency did not provide an adequate response, the complainant filed a consumer complaint requesting the granting of the said refund.


No one showed up on behalf of the travel agency. Therefore, the committee proceeded with the matter after hearing only the complainant’s comments.


Committee comments:


The Commission has taken note of the Office Memorandum (OM) issued by the Ministry of Civil Aviation during the Covid pandemic. According to 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 airfare for tickets booked during Covid-19.


The Commission noted that the complainant did not use the travel agency’s services, nor did the travel agency demonstrate that it suffered any financial loss as a result of the cancellation of the trip. For example, it was noted that the travel agency committed negligence by not refunding the complainant’s amount, which amounts to unfair commercial practices.


The agency was directed to refund the amount of Rs. 75000/-. An amount of Rs. It was also ordered to pay 5000/- as legal costs. The complaint was therefore declared well-founded.


Case name: Rita Khastgir vs. Kesavi tours and trips


Case number: Complaint case 202/2023


Decision date: 19.11.2024



Click here to read/download the order



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