NEW DELHI: A district consumer commission in Kerala has directed a travel agency to refund Rs 82,500 to a customer after finding deficiency in service and unfair trade practice over its failure to conduct a Bali tour or return the money for several years. The commission also awarded Rs 25,000 for mental agony, inconvenience and hardship and Rs 5,000 towards litigation costs. The order was passed on August 31, 2026.Why did the customer approach the commission?According to the commission order, the customer booked a three-night, four-day Bali tour package with Kerala Travel Zone after seeing its advertisements on social media. He paid Rs 60,000 on December 23, 2019, followed by Rs 22,500 on December 26, taking the total payment to Rs 82,500.The proposed tour could not be conducted because of the Covid-19 pandemic. The customer said that after international travel resumed, he repeatedly approached the travel agency either to conduct the tour or refund his money.According to him, the agency kept postponing the journey and eventually informed him that the tour would be conducted on December 28, 2022. The journey was later rescheduled to April 10, 2023, but the tour was not conducted even then.The customer subsequently sent a lawyer notice demanding a refund of Rs 82,500 along with compensation. Although the agency received the notice, it neither replied nor refunded the money.The customer told the commission that the agency’s conduct caused him financial loss, inconvenience, mental agony and disappointment.The travel agency and its proprietor did not appear before the commission despite receiving notices and were proceeded against ex parte.What did the commission find about the travel agency’s conduct?The bench comprising president C.T. Sabu and members Sreeja S. and Ram Mohan R. noted that the customer’s bank statements established payment of Rs 82,500 and that the agency itself had issued a letter regarding rescheduling of the proposed journey.The commission said the customer’s documentary evidence remained unchallenged because the opposite parties chose not to contest the complaint.“In ex parte proceedings, though the burden initially lies upon the complainant, once reliable documentary evidence is produced and the same remains unchallenged, there is absolutely no reason to disbelieve such evidence,” the commission held.It said the Covid-19 pandemic had prevented international tours during the relevant period, but after restrictions were lifted and international tourism resumed, the agency was required either to conduct the agreed tour or refund the money within a reasonable time.“Instead of adopting either course, the opposite parties repeatedly postponed the journey and continued to retain the complainant’s money for several years without rendering any service whatsoever. Retention of a consumer’s money for years together without providing the promised service clearly amounts to deficiency in service within the meaning of Section 2(11) of the Consumer Protection Act, 2019,” the commission said.The commission also found that repeatedly postponing the tour after taking the package amount amounted to an unfair trade practice.“Further, inducing consumers to pay the package amount by advertising tour packages and thereafter continuously postponing the service without refunding the consideration also amounts to an unfair trade practice as contemplated under Section 2(47) of the Act,” it held.The commission noted that the pandemic was beyond the travel agency’s control when the original cancellation occurred, but said its subsequent failure to conduct the tour or refund the money was unjustified.It directed the travel agency and its proprietor to jointly and severally refund Rs 82,500 with 9 percent annual interest from the date of filing of the complaint until realization. It also awarded Rs 25,000 as compensation for mental agony, inconvenience and hardship and Rs 5,000 towards litigation costs.The total payout comes to Rs 1,12,500, apart from the interest on the refund. The amounts have to be paid within 45 days of receipt of the order. If there is a default, the compensation amount will also carry 9 percent annual interest from the date of default until realization.
