Tamil Nadu: Consumer forum asks travel firm to refund Rs 2 lakh to client
Chennai: The District Consumer Dispute Redressal Forum, Chennai (South) has directed a famous international travel agency to refund Rs 2 lakh to a person who cancelled a world tour package soon after he had booked it five years ago.
In the petition, Dr G. Ilango submitted that he approached K. Jayaraj, Managing Director, Scans Pareil Life Sciences (P) Ltd., Madurai, for an international tour package. Jayaraj had arranged the tour through S.P. Sivabalan, Senior Manager - Leisure Travel, Thomas Cook (India) Ltd, Madurai. Sivabalan gave a booking certificate confirming GIP Tour of summer 2012 for Ilango and his wife Indrani.
They were scheduled to depart on May 10, 2012 for a 19-day world tour covering New York, Washington, Niagara, East Coast of USA and Orlando and a cruise to Bahamas. He had paid Rs 6.48 lakh for the package. After paying the tour amount he received a call on May 4 from his son-in-law Saravanan Sivapadtham, employee of Wipro in Adelaide, Australia stating that his daughter Yogalakshmi was admitted in Royal Adelaide Hospital in Australia.
He immediately informed Jayaraj and requested him to cancel their trip and refund the maximum amount after deducting cancellation charges and return their passports for visas to Australia. Even after repeated email requests, the passports were not returned.
Jayaraj had not appeared before the forum. In its reply, Thomas Cook submitted that as per cancellation clause set out in the terms and conditions attached to the booking form, it was clearly mentioned that cancellation made within 10 days prior to departure of the tour would entail cancellation charges of 100 per cent of the tour cost. The clause is imposed as all services such as airline seats/hotel accommodation, ground transportation etc for group tours are blocked in advance.
While handing over the passports to him on May 10, 2012 Sivabalan had clearly informed him that for any refund he would have to contact Jayaraj.
The bench comprising President M.Mony, Members, K.Amala And Dr. T.Paul Rajasekaran said, “Considering the facts and circumstances of the case, this forum is of the considered view that he is entitled for refund of Rs 1,80,200 along with interest at the rate of 9 per cent p.a. from Thomas Cook (India) Ltd”.
