The district consumer disputes redressal commission has directed a travel firm to refund booking charges of a Kerala trip, which was requested to be rescheduled by the complainant due to floods in Kerala, and also to pay INR 15,500 for causing harassment and litigation charges to a Sector 10 resident.
A complaint was filed before the commission by Naresh Garg. He stated that he had booked a hotel tour package to Kerala commencing August 11, 2019 to August 17, 2019, through an online platform based in Gurugram and paid a sum of INR 26,700 for the tour package. Garg said he had sent an email to the travel firm on August 9, 2019, requesting them to reschedule the tour as Kochi airport was closed up to August 11, 2019, due to floods. The request email was responded by the travel firm by informing that only a sum of INR 10,000 was liable to be adjusted in his future package.
The commission sent a notice to the travel firm and its counsel appeared before the commission and filed a written statement raising preliminary objections that the complaint was not maintainable as the complainant had consciously concealed the terms and conditions as agreed between the parties at the time of the booking of the trip. They also stated that the complainant had never paid the full invoice amount of INR 42,700 and that he defaulted the last installment of INR 16,000, which was due and liable to be paid by August 5, 2019, despite which, all confirmed bookings were made and booking vouchers were shared with the complainant.
In response to the tribunal’s directives, Jet Airways released a statement confirming NCLAT’s approval of the resolution plan’s implementation without deviations. The airline highlighted that NCLAT’s decision entails specific and immediate action from lenders, emphasising that no relief has been granted to them. Jet Airways, was grounded in 2019 amid mounting financial vows.
The commission stated that admittedly, the occurrence of flood in Kerala in August 2019 during the time of tour package had led to the closure of the Kochi Airport, it was not feasible for the complainant and his family to visit Kerala in order to avail the facilities under the tour package. The commission directed the firm to refund a sum of INR26,700 to the complainant, which was paid by him as booking amount, along with interest at 9% per annum, to pay an amount of INR 10,000 to the complainant on account of mental agony and harassment and to pay an amount of INR5,500 as litigation charges.
