Consumer Case on Travel Agency
The complainants booked tickets under a ‘Gujarat Shivaratri Special Package’ with a travel agency and paid an advance of Rs. 60,000. The agency later offered a 10% discount on bookings, which the complainants requested but was denied.

They also raised multiple concerns about services like seating arrangements, 2nd AC tickets, a guide, and food provisions, but the agency’s manager ignored their grievances. After sending a legal notice without receiving a satisfactory response, the complainants filed a complaint with the consumer forum, which directed the agency to grant the 10% discount and imposed a Rs. 60,000 punitive damage for non-compliance.

The agency challenged the decision, but no representative appeared on its behalf, and the State Commission proceeded with the case based on the complainant’s submissions. The bench ruled that the complainants were not entitled to the 10% discount, as it was announced after their booking and no promise was made to them regarding the discount.

Regarding service deficiency, the agency was not found liable for charges like cook and driver fees, as no proof was provided. Although the complainants paid for 2nd AC tickets, the brochure only mentioned sleeper class, and no guarantee was given by the agency. However, the agency was held responsible for inadequate services, such as poor bus quality, lack of food, non-functional TV, and inappropriate behavior by the tour manager.

The Commission upheld the District Court’s decision, awarding compensation of Rs. 6,000 to each complainant and Rs. 6,000 for litigation costs, but it reduced the punitive damages from Rs. 60,000 to Rs. 6,000 per complainant.

Source: – Live Law
By: – Rajat Ranjan
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