Bengaluru District Commission Holds Thomas Cook Liable For Delay In Procurement Of Australian Visa Which Led To Trip Cancellation

Brief Facts:

The Complainant contacted M/s. Thomas Cook (India) Limited for accommodation on a tourist itinerary using a prepaid sum of Rs. 4,39,000/-. Thomas Cook demanded an additional Rs. 2,00,000/- for travel arrangements and informed the Complainant that she would need a travel partner. An individual named Anusuya, unknown to the Complainant, was arranged to accompany her.

The trip was scheduled to commence on May 17, 2022, but due to visa processing delays attributed to Thomas Cook, the Complainant was unable to depart as planned, leaving her stranded in Bengaluru. Despite the Australian visa arriving the next day, Thomas Cook claimed that it was too late as the flight had already departed.

The Complainant requested a refund of the paid amount, but Thomas Cook rejected the request. Initially, Thomas Cook credited Rs. 4,39,000/- paid by the Complainant but later cancelled it due to the pandemic. When the Complainant sought to reschedule the flight, Thomas Cook demanded an additional Rs. 2 lakh. Feeling aggrieved, the Complainant approached the Additional District Consumer Disputes Redressal Commission-III, Bengaluru Urban (“District Commission”) and filed a consumer complaint against Thomas Cook.

In response, Thomas Cook stated that in 2020, the Complainant booked a tour to Australia, which was disrupted due to the pandemic. After restrictions were lifted, the Complainant approached Thomas Cook to resume the tour and requested to share a room with another traveller to reduce costs. Therefore, it adjusted the tour cost to Rs. 4,39,000/-. In response to the Complainant's inability to travel on the scheduled tour due to delayed visa approval, Thomas Cook clarified that its role was only limited to a facilitator for visas and doesn't extend to control over embassy decisions or visa processing timelines.

Observations by the District Commission:

The District Commission noted that the Complainant paid Rs. 66,000/-, Rs. 1,20,000/- and Rs. 2,53,400/- on three different occasions to Thomas Cook. It noted that the primary issue was the Complainant's booking of a holiday package to Australia, which was cancelled last minute due to a delay in receiving the visa from the Australian embassy.

The District Commission held that this delay, which prevented the Complainant from visiting Australia, should be attributed to Thomas Cook as the holiday package included visa procurement. Therefore, the District Commission held Thomas Cook liable for deficiency in services.

Consequently, the District Commission directed Thomas Cook to initiate the refund of the paid amount, Rs. 4,39,000/-, to the Complainant with interest at 9% from the respective dates of payments made. Recognizing the inconvenience and financial loss suffered by the Complainant due to visa processing delays and subsequent cancellation, the District Commission directed Thomas Cook to pay Rs. 25,000/- to the Complainant. It was also directed to pay Rs. 10,000/- for the litigation costs incurred by the Complainant.

Case Title: Hamsaveni Balakrishna vs M/s Thomas Cook (India) Limited

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