13 hours ago
Woman sues Bengaluru travel firm for withholding passport, wins refund & compensation
Bengaluru: What began as a routine enquiry about a European holiday turned into a legal tussle for 63-year-old Chandraprabha after a travel agency withheld her passport and refused to refund the Rs 1 lakh advance paid for the trip.
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Though she cancelled the tour 52 days ahead on account of health issues, the firm cited a non-refundable clause. Terming this unjust, the consumer commission recently ordered a partial refund and compensation.
The story began when Chandraprabha M, a resident of Isro Layout, JP Nagar, walked into the office of a city-based tour operator, Chariot World Tours Ltd, in Vijayanagar on March 21, 2024. A simple enquiry ended with her being coaxed into booking the Chariot All Inclusive 18 Nights, 19 Days Europe tour, slated for May 13, 2024.
The staff, claiming there was a limited-period discount, allegedly created urgency and lured her into shelling out an advance of Rs 1 lakh on the spot.
Chandraprabha handed over the cheque along with her original passport and other documents.
But just a day later, the excitement turned into anxiety as her family doctor advised her not to travel abroad. She immediately called the tour operator to cancel the booking. The staff asked her to submit a written request, after which they assured to return her money and passport.
Chandraprabha's son, Shashank G, personally submitted the cancellation letter at the tour office on March 23, 10am. But instead of a refund, the company sent a letter on March 25, bluntly stating Chandraprabha's entire Rs 1 lakh was forfeited, citing terms and conditions which she claims were never shared at the time of booking.
Adding to the ordeal, the company also refused to return her passport and other travel documents.
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Despite repeated requests, she was left with empty answers. Finally on April 6, she issued a legal notice demanding her money and documents back. She filed a consumer complaint on May 27, 2024, on the grounds of unfair and illegal practices.
In its defence, the tour operator denied all allegations and said the woman had paid Rs 90,702 as advance, Rs 4,536 as GST, and Rs 4,762 as TCS. But 52 days before departure, she voluntarily cancelled the trip.
The operator maintained the advance was non-refundable as per policy, and she had signed documents agreeing to the terms. According to them, Chandraprabha had paid around 23% of the total tour cost of Rs 4.3 lakh.
After hearing both sides and going through all the evidence, the commission pointed out that the booking was made 53 days before departure and cancelled the very next day,. "If the operator could confirm bookings 53 days in advance, it's unclear why cancellations couldn't be processed the next day," the commission said, adding that applying the non-refundable clause in this situation was unjust and unfair.
The consumer forum also observed that within a day of booking, it was unlikely the operator had incurred any significant expense on behalf of the complainant. At best, the firm could have deducted 5% towards administrative charges, but withholding the entire Rs 1 lakh was unreasonable, it ruled. The commission also criticised the operator for withholding Chandraprabha's passport for over a year, calling it an "unwarranted and serious action".
The forum ordered Chariot World Tours to refund the advance amount after deducting 5%, aside from paying Rs 30,000 as compensation and Rs 10,000 as litigation costs.
