Travel Gone Wrong? Don't Settle for Less Than You Deserve.
03 June 2024
Consumer Protection Act >> Consumer Rights
A consumer has successfully challenged a State Commission order in a revision petition before the National Consumer Disputes Redressal Commission (NCDRC). The dispute arose from a travel package gone wrong, where the consumer faced significant inconvenience due to the travel agency's deficiencies.
The consumer had booked a family vacation package with a travel agency, paying the entire amount upfront. The package included airfare, hotel stay, and local transportation. However, upon arrival at their destination, the problems began. The return tickets were inexplicably cancelled, and the agency provided no information about the hotel or a local contact person. This left the consumer scrambling to arrange alternative accommodations and transportation at additional expense.
Seeking compensation, the consumer filed a complaint with the District Forum. The District Forum acknowledged the travel agency's shortcomings and awarded the consumer a total sum that included reimbursement for the tour package cost (minus the used airfare), compensation for additional expenses incurred due to the agency's negligence, and compensation for the mental agony and inconvenience caused.
Dissatisfied with the amount awarded, the travel agency appealed to the State Commission. Here, the situation took an unusual turn. Instead of objectively assessing the case, the State Commission based its decision on a suggestion it made to the travel agency regarding a reduced compensation amount. This suggestion, crucially, was made without the consumer's consent. The State Commission ultimately reduced the total compensation amount significantly, falling far short of what the District Forum had awarded.
Unhappy with the State Commission's order, the consumer filed a revision petition before the NCDRC. The NCDRC recognized the flaws in the State Commission's approach. The Commission highlighted that the State Commission failed to properly consider the facts of the case, disregarded the District Forum's well-reasoned findings, and violated principles of natural justice by basing its decision on a suggestion not agreed upon by both parties.
In a significant victory for the consumer, the NCDRC allowed the revision petition. The State Commission's order was set aside, and the District Forum's original order awarding a more substantial compensation amount was restored. This means the travel agency will be required to pay the full amount originally awarded by the District Forum, including interest.