Despite several articles on the importance of written documents and why it's essential that they be preserved, I am compelled to write this column as we still receive complaints where consumers do not have the necessary papers and, therefore, find it difficult to pursue the case.
In one such instance, Sudharshana, who had for long been planning to visit Varanasi and Mukthinath, approached a travel company that organised such trips and advertised this extensively. Since Sudharshana had seen their advertisement appear regularly on a leading television channel, she decided to use their services.When she made the payment for her trip in May, she was given a brochure that contained details of the tour and the cost. It did not mention the cost of rail tickets for the journey to and fro. However, Sudharshana was orally assured that confirmed rail tickets would be booked by them and that the charges would be separate. She agreed to this and paid the charges in advance.
But when she did not get the tickets even three days before the date of travel, Sudharshana checked with the company and was told that the ticket would be couriered to her the same day. As informed, she received the tickets, but was surprised to find that the ticket for her onward journey was waitlisted.
As she suffered from back pain and was used to travelling in comfort, she immediately spoke to the travel company and was assured that the ticket would be confirmed at the time of her boarding.
Believing this, Sudharshana, baggage and all, went to the railway station on the day of departure to board the train. She was shocked to find that her name continued to be on the waiting list. There was a group of 25 people and, of these, there were two whose tickets were not confirmed. The tour organisers did nothing more than advise Sudharshana to “adjust” and set out on her journey. The train was full, and not wanting to face any embarrassment during the journey, she decided to call off her trip. Deeply disappointed, she at once went to the tour organiser's office and asked for a refund. The proprietor, whom she had not seen until then, told her that a refund was possible but she would only get less than 50 per cent of the total amount paid, as they would incur a loss. Sudharshana argued that only because the tour organiser had promised to get confirmed tickets that she decided to go ahead with her travel plans and that it was a breach of trust on their part in not keeping the promise. Nonetheless, the proprietor refused to own responsibility, saying they were only assisting her by purchasing the rail tickets for her, and asked her to produce written proof of their earlier promise. Because of the lack of documentary evidence, it is going to be hard for Sudharshana to establish her claim. There are many such complaints against various service providers such as real estate developers and the telecom industry.
Thus, it is crucial for consumers to ensure that even the smallest and most insignificant aspect of any discussion, during a purchase, be put in writing and all the papers saved as they can never anticipate which aspect of it will be of use at a future date. Besides written evidence helps to a great extent while making a legitimate claim.
(The writer works with CAG, which offers free advice on consumer complaints to its members. For membership details/queries contact 24914358/24460387 or helpdesk@cag.org.in)
