Medical Emergency Forces Kerala Man To Cancel Thailand Trip, Gets Rs 40,000 Refund

A Thailand holiday cancelled due to health concerns has led to a refund order from a Kerala consumer commission. The travel company was directed to return Rs 40,000 to the traveller after the commission found that the cancellation fell within its stated refund policy.

The company was also ordered to pay Rs 10,000 as compensation for mental agony and Rs 7,000 towards litigation costs within 30 days of receiving the order.

Why Did The Commission Order The Refund?

According to the complainant, he had booked a Thailand tour for himself and his wife by paying an advance of Rs 40,000 to the travel company. He later sought cancellation and a refund 34 days before departure, citing health issues.

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The company asked him to submit a medical certificate, which he provided along with copies of both passports. After the refund was not made, he approached the consumer commission, alleging deficiency in service and unfair trade practice.

What Did The Travel Company Say?

In its reply, the travel company claimed that it had already incurred expenses for the booking and that the air tickets were non-refundable. It said tickets worth around Rs 33,750 had been booked for the two passengers and that it had also incurred service charges and GST.

The company therefore argued that the amount could not be refunded. However, the commission noted that the company had not submitted documentary evidence to substantiate these claims.

What Did The Cancellation Policy Say?

The commission examined the company's cancellation policy, which stated that cancellations made 30 days or more before departure would attract a 25 per cent cancellation charge, with the remaining 75 per cent of the tour cost refundable.

As the tour was cancelled 34 days before departure, the commission applied the policy. The total package cost for the two passengers was Rs 54,900. After deducting the 25 per cent cancellation charge, the commission calculated that Rs 41,175, or 75 per cent of the package cost, was refundable.

The commission ultimately directed the company to refund the Rs 40,000 advance paid by the complainant, along with Rs 10,000 compensation and Rs 7,000 as litigation costs.

Consumer Commission's Order

The order was passed by Commission President Ravi Susha and members Molykutty Mathew and Sajeesh K P. The company was given 30 days to make the payment.

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What Travellers Should Know

The case shows why checking a travel company's cancellation and refund terms before booking a tour is important. Where a cancellation falls within the period covered by the company's stated refund policy, the terms can become relevant in determining the amount payable to the customer.

The commission also found that the travel company had not produced documentary evidence to support its claim about expenses that it said could not be refunded.

Consumers facing disputes over travel bookings and refunds can approach consumer grievance mechanisms for assistance. In Kerala, the consumer helpline number is 1800-425-1550, while the National Consumer Helpline can be reached at 1915.