Madurai District Consumer Disputes Redressal Forum has directed an international tour operator, Thomas Cook, to pay a compensation of ₹1.5 lakh to the family of a doctor and return money withheld by the operator after cancellation of an European tour due to its deficiency of service.
In its order on Thursday, the forum president V. Balasundarakumar and members C. Packialakshmi and M. Maraikamalai also imposed a cost of ₹5,000 on the operator.
The doctor J. Premkumar of Gomathipuram and his family members booked an European Tour in December 2011 on payment of an advance of ₹1.20 lakh. The manager of Thomas Cook in Madurai promised to get all clearances, including visa.
The UK embassy refused visa to the complainant for non-submission of original documents. But, the complainant said that he did so as per the advice of the operator.
The operator then promised to get visa within three days, if the entire tour amount of ₹6.42 lakh was paid. However, this time too it failed.
When the doctor cancelled his tour and sought refund of the money, the operator claimed he got the visa and offered the tour in a new schedule. However, a day before his departure, the operator sought ₹1.65 lakh towards cancellation charges of air ticket for the original schedule.
When the doctor cancelled his tour, the Madurai operator threatened that the passports would not be returned, if the money sought was not paid.
After the intervention of Mumbai office of the operator, the Madurai manager accepted to return only ₹3.56 lakh and passports. The doctor said that he would accept the said amount only “under protest”.
Hence, the operator refused to make the refund (but subsequently paid after ordered by the forum and the State commission).
The doctor contented that the cancellation of tour was due to the shortcoming on the part of the tour operator.
When the case came up for hearing, the operator contended that the doctor had agreed for the terms and conditions of the company according to which last minute cancellation would lead to 100% cancellation charges.
The visa was rejected only because of the complainant’s behaviour at the interview and failure to produce bank statements to prove the cost of the visit in the UK. The forum found the operator guilty for deficiency of service by not properly guiding the complainant as it had promised “an all inclusive tour.”
Booking of air tickets after knowing that visa could not be obtained before the original schedule of departure amounted to shortcoming in service. Besides, the operator failed to provide evidence of having booked air tickets, hotel accommodation and their cancellations.
Stating that cancellation charge should be only ₹75,000 in total, the forum said that withholding ₹2.85 lakh amounted to deficiency of service. The forum should protect the consumers from restrictive practices of the service providers as well as deceptive practices, it observed.
