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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Opinions, test results and research findings issued through this Press
Release cannot be used in any form directly or indirectly for advertising,
promotional or commercial purpose.
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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