Family Stranded Dubai Unpaid Flights Tour Firm Pay Rs 2 2 Lakh

A bench of president M Sreelatha and members D Grace Mary and B Gopinath of the Anantapuramu District Consumer Disputes Redressal Commission was hearing a complaint filed by one Vasagiri Rajasekhar against Wowidays Hospitality and Tourism Private Limited, a Hyderabad-based travel company.

“The cancellation of tickets would certainly cause immense suffering to be abandoned/helpless in an unknown country… The opposite party failed to prove that the complainant agreed to arrange his return tickets on his own… We concluded that there was clear negligence and deficiency in service on the part of the opposite party,” the commission said on June 6.

The dispute stemmed from a Dubai package tour booked by Rajasekhar in 2024 for himself, his wife Suguna and daughter V Mounika. What was meant to be an overseas family holiday eventually resulted in legal proceedings after the family claimed they were left helpless in Dubai because of the travel company’s failures.

According to the complaint, Rajasekhar enrolled in a Dubai tour package offered by the company and paid Rs 2.40 lakh in five instalments between March and April 2024. The package included travel, accommodation, boarding, sightseeing and flight arrangements for a five-day, six-night trip from Bengaluru to Dubai.

The family travelled to Dubai on May 26, 2024. Rajasekhar alleged that after reaching Dubai, the company demanded an additional Rs 60,000 for a helicopter ride over the city.

Believing it to be part of the tour experience, he transferred the amount on May 29, 2024. However, the helicopter ride was never arranged despite the payment being made.

The situation worsened when the family attempted to return to India at the end of the tour. According to the complaint, the tour operator handed over return flight tickets from Dubai to Bengaluru. However, when the family reached Dubai airport, airline authorities informed them that the tickets had not been paid for and boarding passes could not be issued.

Rajasekhar told the commission that the ordeal caused immense mental agony and physical hardship as the family found themselves stranded in a foreign country without valid return travel arrangements.

The company denied any deficiency in service and blamed the complainant for violating the payment terms of the package. It argued that the total package cost, including Goods and Services Tax (GST) and Tax Collected at Source (TCS), was Rs 2.52 lakh, whereas Rajasekhar had paid only Rs 2.40 lakh, leaving a balance of Rs 12,000.

According to the company, customers who paid in instalments were informed that they would have to arrange their own return tickets. It also claimed that the Rs 60,000 paid for the helicopter ride had been compensated through credit notes which could be used for future travel.

“The cancellation of tickets would certainly cause immense suffering to be abandoned/helpless in an unknown country,” the commission observed. It further held that the credit notes issued by the company for the helicopter ride could not absolve it of responsibility for failing to make proper return travel arrangements. The bench concluded that the complainant had successfully established negligence and deficiency in service through documentary evidence.

Partly allowing the complaint, the commission directed the company to pay Rs 95,000 towards reimbursement of the return flight tickets purchased by the complainant, Rs 60,000 towards the helicopter ride charges that were paid but not availed, Rs 10,000 towards the additional stay expenses incurred in Dubai, Rs 50,000 as compensation for mental agony and deficiency in service; and Rs 5,000 towards litigation costs.

The amount is to be paid within 45 days of receipt of the order, else the company it would be liable to pay interest at 6 per cent per annum on Rs 1.65 lakh from August 21, 2024, the date of filing of the complaint, until realisation.

The ruling serves as a reminder that tour operators cannot escape responsibility for services promised under a package once they accept payment and commence the trip. Consumers should preserve payment receipts, itineraries, airline communications and all correspondence with travel companies, as such records can become crucial evidence when disputes arise.

Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More