The complainant alleged that the company failed to refund the advance amount. (Image generated using AI)A consumer commission in Kerala recently directed a travel company to refund Rs 40,000 to a man who allegedly cancelled a Thailand tour due to health issues, observing that the company was liable to refund the amount in accordance with the company’s cancellation policy.President Ravi Susha and members Molykutty Mathew and Sajeesh K P also directed the company to pay Rs 10,000 as compensation for mental agony and Rs 7,000 towards litigation costs.“The complaint is allowed in part directing the opposite party to refund Rs 40,000 to complainant as the advance amount already paid by the complainant along with Rs 10,000 as compensation for mental agony caused to the complainant and Rs 7,000 as litigation cost within 30 days of receipt of this order,” the order read.Why did commission ordered refund?According to the complainant, he had booked a Thailand tour for himself and his wife by paying an advance of Rs 40,000 to the company. Subsequently, the complainant sought cancellation and a refund 34 days before the scheduled departure, citing health issues. The company initially asked him to submit a medical certificate, which he provided along with copies of his and his wife’s passports.After the opposite party failed to refund the amount, the complainant moved consumer commission, alleging deficiency in service and unfair trade practice.The travel company, in its written reply, argued that it had already incurred expenses on the booking, including non-refundable air tickets and service charges, and therefore no refund was possible. It claimed that air tickets worth about Rs 33,750 had been booked for the two passengers and that it had also incurred service charges and GST.The commission noted that the company had not produced any documentary evidence to prove their submissions. The commission pointed to the company’s own cancellation policy, which stated that cancellations made 30 days or more before departure would attract a 25 per cent cancellation charge, with the remaining 75 per cent of the tour cost refundable.Story continues below this ad“Since the complainant cancelled the tour 34 days prior to the scheduled departure. The total package cost of 2 persons in Thailand was Rs. 54,900. After deducting 25% cancellation charges, 75% tour cost Rs. 41,175/- may be refunded,” its said.Holding that the opposite party is liable to refund the advance amount paid by the complainant, the consumer commission directed it refund the amount and pay Rs 17,000 as compensation and litigation costs.TakeawayTravel companies must honour their own cancellation and refund policies. If a customer cancels a tour within the period eligible for a refund and provides supporting medical documents, the company cannot deny the refund without substantiating any claimed non-refundable expenses.For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:Consumer Courtroom