The Covid-19 pandemic led to unprecedented disruptions across various sectors, with the travel industry being among the hardest hit. Travel restrictions, lockdowns, and health concerns forced many individuals and families to cancel or postpone their travel plans. This resulted in numerous disputes between consumers and travel agencies regarding refunds for canceled bookings. Consumer forums across the country have been instrumental in resolving these disputes, often ruling in favor of consumers whose travel plans were disrupted due to the pandemic.
In a recent case, the Ghaziabad Consumer Forum ruled in favor of a man, Ishan Pratap Singh, who sought a refund for a tour advance after contracting Covid-19 in March 2021. Singh had booked a trip for his family from Mumbai to the Maldives through Ineedtrip, a travel agency based in Ghaziabad. He paid an advance of ₹1.9 lakh, taking a loan of ₹1.4 lakh to do so. However, a day before the trip, Singh tested positive for Covid-19, leading to the cancellation of the travel.
Singh requested the travel agency to reschedule the trip, but the agency refused, stating that the free RT-PCR package was only valid until April 2021. Despite Singh's attempts to reschedule for a later date, the agency did not extend the dates or return the advance amount. Consequently, Singh approached the consumer forum seeking redressal.
The consumer forum observed that the cancellation was due to circumstances beyond Singh's control. It noted that the travel agency neither extended the dates nor returned the advance amount, which constituted a deficiency in service under the Consumer Protection Act. The forum directed Ineedtrip to refund the advance amount of ₹1.9 lakh with an interest of 6% from the date of the order until the final payment is made. Additionally, the agency was instructed to pay ₹5,000 as compensation for legal costs and mental harassment to the petitioner.
In another instance, the Mumbai-suburban district consumer disputes redressal commission directed SpiceJet to refund the ticket amount to an elderly couple whose flight was canceled due to Covid-19. The couple had booked tickets for a flight from Mumbai to Bangalore in July 2020, but the flight was canceled due to security reasons. The airline initially offered credit for future bookings, but the couple sought a refund. Despite repeated follow-ups, the refund was not processed, leading the couple to approach the consumer forum.
The consumer forum observed that the airline was willing to refund the amount. The commission said that the airline's reluctance to pay the refund can be considered deficiency in service. It directed the airline to refund the ticket booking amount of Rs. 13,696/- with interest to the complainants and also Rs 10,000 to be paid to the couple for mental agony caused and Rs 5000 towards cost of litigation.
These cases highlight the importance of consumer forums in protecting the rights of consumers, especially in times of unprecedented disruptions. While airlines and travel agencies have their own terms and conditions, consumer guarantees automatically apply, ensuring that consumers are entitled to a refund or replacement service if a travel service is delayed or canceled due to unforeseen circumstances. These rulings serve as a reminder to travel agencies and service providers to act fairly and responsibly when dealing with cancellations caused by events beyond the control of consumers.
