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Travel Agency Directed to Compensate Client

Ref. : ER/press’03/ruchirav/44/dGs

Travel Agency Directed to Compensate Client

Consumer Education and Research Society (CERS), Ahmedabad, contested an appeal filed by a travel agency, Syndicate Tours and Travels, Ahmedabad, in the Gujarat State Commission and won the case in appeal. The travel agency carried the case further to the National Consumer Disputes Redressal Commission, New Delhi, which also dismissed the appeal. The National Commission confirmed the orders of the State Commission and the District Forum that the travel agency pay a compensation of Rs. 15,000 (Rupees fifteen thousand only) with interest to Ms Ruchira M. Vasavada for “blatant deficiency in service”.

The National Commission also confirmed the payment of Rs. 1,000 towards taxi fare and other charges to the complainant who could not get a seat on the Bombay-New York flight despite having a confirmed ticket of Air-India. The Commission also confirmed the award of Rs 1,000 to CERS as cost.

The National Commission opined that the compensation of Rs. 15,000 was “on the lower side, considering the sufferings the complainant would have gone into. However, the complainant has not come before us. We see no merit in this petition. It is dismissed.”

Earlier, while confirming the order of the District Forum, the State Commission had reduced the rate of interest payable by the travel agency to Ms Vasavada from 18 per cent, as had been fixed by the District Forum, to 10 per cent per annum from the date of the complaint till payment.

Ms Vasavada had purchased a confirmed air ticket from the travel agency for travelling Ahmedabad - Bombay - New York on 9 May 1992. But on arrival at the airport, she was prevented by the airline concerned from boarding the flight, despite her confirmed ticket from the airline’s authorised agent.

Citing the Forum’s judgement on the complaint, the State Commission said the travel agency had not passed Ms Vasavada’s ticket number to the office of the airline to feed the data into computer for reservation record. As a result, the ticket for her journey had been cancelled.

As a gesture of goodwill towards Ms Vasavada, the airline had confirmed a seat for her on a flight scheduled for 14 May 1992, when she undertook the journey. The Forum had stated that the airline was not liable for any deficiency in service. It had, however, held the travel agency liable for deficiency in service and imposed the penalty.

The travel agency had then contended that the Forum had no jurisdiction to hear the complaint as the complaint involved serious issues. The agency had also labelled the complaint as false.

Date : 29/09/2003
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine
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CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway,
Ahmedabad- 380 054 (INDIA)
Phone: 079-7489945-46 Fax: 079-7489947
E-mail: cerc@wilnetonline.net

Web Site: http://www.cercindia.org
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