Thomas cook tour package
1 year ago
I had booked a tour package to malaysia, singapore and thailand through thomas cook and they failed to obtain us malaysian visa due to which we could not board the flight and go on our trip. They are refunding our trip amount and asking extra money to go on trip that we had booked already and paid fully. Is there a way I could get refund ?
A.Dear Sir,
You may get issue legal notice and settle the matter or file complaint before consumer form and get resolve your issue.
You may get issue legal notice and settle the matter or file complaint before consumer form and get resolve your issue.
Helpful
Helpful
Share
A.Dear Client,
It is provided in your query that the travel agency is willing to refund the trip amount and the same has been desired by you in the last part. Bearing that in mind it is advised to proceed to request for the refund from the agency, hoping to get the desired results.
Since it is possible that the agency may become reluctant to entertain your request for refund or delay the procedure thereof, we have compiled legal recourse to assist you in such circumstances.
Based on the monetary limit of transaction you may approach the following Consumer Redressal forums:
 District Consumer Disputes Redressal Forum (DCDRF)- if amount less than 20 lakhs
 State Consumer Disputes Redressal Commission(SCDRC): if amount is 20 lakhs or more but less than 1 crore
 National Consumer Disputes Redressal Commission(NCDRC): if amount exceeds 1 crore. Note- This forum is situated at New Delhi, also, an appeal from the NCDRC orderlies to the Supreme Court.
Eligibility criteria that you must fulfil in order for the complaint to be registered
1. first and foremost, you must be a consumer meaning you must have-
a. paid money to purchase products or avail of services in exchange for money
b. bought the goods for personal use, and not for resale or commercial purposes
2. Or you must be a Voluntary consumer association: Any registered association under the Companies Act, 1956, or under any other law
3. The Central or the State Government
4. One or more consumers who have the same interest
5. In cases of death of a consumer, his legal heir or representative.
Time limit to File a Case in Consumer Court
A complaint must be filed within two years from the date of the action of deficiency or when the problem happened. According to the law, the case can be filed after the statutory period of two years if DCDRC is satisfied with the sufficient cause for not filing the case within that period. The delay can be granted if the reasons are acceptable.
Grounds for Filing a Complaint could be any of the following:
 Adoption of unfair trade practice or a restrictive trade practice by the service provider;
 Defective goods, whether already bought or agreed to be bought by the complainant;
 Deficiency in Services, whether hired or availed or agreed to be hired or availed;
 Overcharging of goods or services in excess of the price that may have been fixed by law or displayed on the packaging of goods or the price list exhibited or so agreed between the parties;
 Selling or offering to sell hazardous goods or services which pose a threat to life and safety when used or availed provided the trader could know that the goods or services are hazardous by due diligence.
Procedure to file a complaint in the Consumer Court
Step 1. A notice needs to be sent by the aggrieved party (you) to the service provider (travel agency) who provided the goods or the services. It essentially is a communication to the service provider that you may intent to resort to litigation and as well as inform the same of any the defects in the goods or the deficiency in the service or any unfair practice. If the service provider is prepared to give compensation or any other remedy, the notice is also an effort to resolve the issue outside of the Forum.
Step 2: Get the Consumer Complaint Drafted:
If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed by the aggrieved person. The following details must be specified in the complaint:
1. Name, description and the address of the complainant(s) and the Opposite Party or parties.
2. Cause of Action, the approximate date, time and venue.
3. Relevant facts relating to the cause of action.
4. The Relief or Remedy claimed by the complainant in accordance with the facts of the case.
5. Signature and Verification by the complainant or his authorized agent.
Step 3: Attach Relevant Documents:
Copies of material evidence and relevant documents that support your case in Consumer Court are important. These documents include:
1. A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
2. Warranty/Guarantee certificates
3. A copy of the written complaint and notice sent to the manufacturer/seller
Step 4: Appropriate Forum:
Choose the appropriate forum for filing the complaint in accordance with the pecuniary jurisdiction which is estimated in reference to the total value of goods and services bought or availed and the amount of compensation sought.
Step 5: Pay Requisite Court Fees:
A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought.
Step 6: Submit an Affidavit:
The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.
Here is how you can approach the relevant forum:
District Forum
The complainant can make the complaint on a plain paper, which is then notarized and can be filed in person or through an authorized agent.
1. Four copies plus additional copies for each party are to be filed by the complainant.
2. The Court Fee for valuation of suit upto 1 lakh is nil for those holding Antyodaya Anna Yojana cards and in all other cases is Rs. 100. Further, for suits valued upto 5 lakhs, the court fee is Rs 200, for suits valued upto 10 lakhs the court fee is Rs 400 and for those up to Rs 20 lakhs the court fee is Rs 500.
3. The Court Fee is to be submitted through a demand draft made out to the President, Consumer Disputes Redressal Forum, (name of) district.
State Consumer Forum
1. The complainant may either file an original complaint provided it falls within the pecuniary jurisdiction limit provided by law or file an appeal from the order of the District Forum within 30 days of the order being passed.
2. The Court Fee for complaints valued between Rs 20 lakhs and Rs 50 lakhs is Rs 2,000 while the court fees for complaints valued upto Rs 1 crore is Rs 4,000.
3. The Court Fees is to be deposited in a similar way as mentioned above via a demand draft in favor of the Registrar, (name of) State Commission to be payable in that particular State only.
The following documents are required to file an appeal in SCDRC:
1. The Documents of Record i.e. the Copy of the complaint filed, the proofs, evidence if any, the material placed on record and other documents. The documents must bear the correct name and address of the parties.
2. A certified copy of the order passed by the District Forum.
3. Four copies to be filed in Court and additional copies to be served on each Respondent.
4. A copy of Interim orders passed by the District Forum or related Petitions to the case to be attached and submitted along with an Affidavit.
5.Application for Condonation of Delay (if any) with reasons to be submitted along with an Affidavit.
6. A statutory deposit of Rs 25,000 or 50% of the award or the compensation amount, whichever is less, is to be made by the Appellant / Opposite parties.
Following are the possible reliefs that you can seek and expect from the Consumer forum:
1. Refund of the price paid by the Consumer while purchasing the product and additional compensation for damages suffered if any and cost of litigation, if claimed.
2. Removal of Defects i.e. if the Consumer Forum concludes after conducting proper tests that there exist material defects, it may pass an order to cure or remove those defects.
3. Replacement of goods by the service provider if feasible.
4. Compensation may be awarded to the complainant if it has been proved that physical, mental or any other loss or damage was suffered owing to the usage of the goods or availing of the services.
5. Imposing a ban on the sale of hazardous goods and their withdrawal from the market.
6. An order for removal of deficiency in service if feasible.
7. An order for discontinuance of Unfair/ Restrictive Trade Practice in cases where the cause of action was such practice. The Authority is empowered to impose a complete or conditional ban on the aforementioned practices which may be unfair or restrictive in nature.
8. Payment of the adequate cost or the cost of litigation if claimed by the complainant.
Hope this resolves your query, best wishes. Thank you.
It is provided in your query that the travel agency is willing to refund the trip amount and the same has been desired by you in the last part. Bearing that in mind it is advised to proceed to request for the refund from the agency, hoping to get the desired results.
Since it is possible that the agency may become reluctant to entertain your request for refund or delay the procedure thereof, we have compiled legal recourse to assist you in such circumstances.
Based on the monetary limit of transaction you may approach the following Consumer Redressal forums:
 District Consumer Disputes Redressal Forum (DCDRF)- if amount less than 20 lakhs
 State Consumer Disputes Redressal Commission(SCDRC): if amount is 20 lakhs or more but less than 1 crore
 National Consumer Disputes Redressal Commission(NCDRC): if amount exceeds 1 crore. Note- This forum is situated at New Delhi, also, an appeal from the NCDRC orderlies to the Supreme Court.
Eligibility criteria that you must fulfil in order for the complaint to be registered
1. first and foremost, you must be a consumer meaning you must have-
a. paid money to purchase products or avail of services in exchange for money
b. bought the goods for personal use, and not for resale or commercial purposes
2. Or you must be a Voluntary consumer association: Any registered association under the Companies Act, 1956, or under any other law
3. The Central or the State Government
4. One or more consumers who have the same interest
5. In cases of death of a consumer, his legal heir or representative.
Time limit to File a Case in Consumer Court
A complaint must be filed within two years from the date of the action of deficiency or when the problem happened. According to the law, the case can be filed after the statutory period of two years if DCDRC is satisfied with the sufficient cause for not filing the case within that period. The delay can be granted if the reasons are acceptable.
Grounds for Filing a Complaint could be any of the following:
 Adoption of unfair trade practice or a restrictive trade practice by the service provider;
 Defective goods, whether already bought or agreed to be bought by the complainant;
 Deficiency in Services, whether hired or availed or agreed to be hired or availed;
 Overcharging of goods or services in excess of the price that may have been fixed by law or displayed on the packaging of goods or the price list exhibited or so agreed between the parties;
 Selling or offering to sell hazardous goods or services which pose a threat to life and safety when used or availed provided the trader could know that the goods or services are hazardous by due diligence.
Procedure to file a complaint in the Consumer Court
Step 1. A notice needs to be sent by the aggrieved party (you) to the service provider (travel agency) who provided the goods or the services. It essentially is a communication to the service provider that you may intent to resort to litigation and as well as inform the same of any the defects in the goods or the deficiency in the service or any unfair practice. If the service provider is prepared to give compensation or any other remedy, the notice is also an effort to resolve the issue outside of the Forum.
Step 2: Get the Consumer Complaint Drafted:
If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed by the aggrieved person. The following details must be specified in the complaint:
1. Name, description and the address of the complainant(s) and the Opposite Party or parties.
2. Cause of Action, the approximate date, time and venue.
3. Relevant facts relating to the cause of action.
4. The Relief or Remedy claimed by the complainant in accordance with the facts of the case.
5. Signature and Verification by the complainant or his authorized agent.
Step 3: Attach Relevant Documents:
Copies of material evidence and relevant documents that support your case in Consumer Court are important. These documents include:
1. A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
2. Warranty/Guarantee certificates
3. A copy of the written complaint and notice sent to the manufacturer/seller
Step 4: Appropriate Forum:
Choose the appropriate forum for filing the complaint in accordance with the pecuniary jurisdiction which is estimated in reference to the total value of goods and services bought or availed and the amount of compensation sought.
Step 5: Pay Requisite Court Fees:
A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought.
Step 6: Submit an Affidavit:
The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.
Here is how you can approach the relevant forum:
District Forum
The complainant can make the complaint on a plain paper, which is then notarized and can be filed in person or through an authorized agent.
1. Four copies plus additional copies for each party are to be filed by the complainant.
2. The Court Fee for valuation of suit upto 1 lakh is nil for those holding Antyodaya Anna Yojana cards and in all other cases is Rs. 100. Further, for suits valued upto 5 lakhs, the court fee is Rs 200, for suits valued upto 10 lakhs the court fee is Rs 400 and for those up to Rs 20 lakhs the court fee is Rs 500.
3. The Court Fee is to be submitted through a demand draft made out to the President, Consumer Disputes Redressal Forum, (name of) district.
State Consumer Forum
1. The complainant may either file an original complaint provided it falls within the pecuniary jurisdiction limit provided by law or file an appeal from the order of the District Forum within 30 days of the order being passed.
2. The Court Fee for complaints valued between Rs 20 lakhs and Rs 50 lakhs is Rs 2,000 while the court fees for complaints valued upto Rs 1 crore is Rs 4,000.
3. The Court Fees is to be deposited in a similar way as mentioned above via a demand draft in favor of the Registrar, (name of) State Commission to be payable in that particular State only.
The following documents are required to file an appeal in SCDRC:
1. The Documents of Record i.e. the Copy of the complaint filed, the proofs, evidence if any, the material placed on record and other documents. The documents must bear the correct name and address of the parties.
2. A certified copy of the order passed by the District Forum.
3. Four copies to be filed in Court and additional copies to be served on each Respondent.
4. A copy of Interim orders passed by the District Forum or related Petitions to the case to be attached and submitted along with an Affidavit.
5.Application for Condonation of Delay (if any) with reasons to be submitted along with an Affidavit.
6. A statutory deposit of Rs 25,000 or 50% of the award or the compensation amount, whichever is less, is to be made by the Appellant / Opposite parties.
Following are the possible reliefs that you can seek and expect from the Consumer forum:
1. Refund of the price paid by the Consumer while purchasing the product and additional compensation for damages suffered if any and cost of litigation, if claimed.
2. Removal of Defects i.e. if the Consumer Forum concludes after conducting proper tests that there exist material defects, it may pass an order to cure or remove those defects.
3. Replacement of goods by the service provider if feasible.
4. Compensation may be awarded to the complainant if it has been proved that physical, mental or any other loss or damage was suffered owing to the usage of the goods or availing of the services.
5. Imposing a ban on the sale of hazardous goods and their withdrawal from the market.
6. An order for removal of deficiency in service if feasible.
7. An order for discontinuance of Unfair/ Restrictive Trade Practice in cases where the cause of action was such practice. The Authority is empowered to impose a complete or conditional ban on the aforementioned practices which may be unfair or restrictive in nature.
8. Payment of the adequate cost or the cost of litigation if claimed by the complainant.
Hope this resolves your query, best wishes. Thank you.
Helpful
Helpful
Share
A.Dear Client
If they are not refunding your money then you can anytime within two years move the consumer commission against them to seek your refund back and also you can seek extra compensation for deficiency of service.
If they are not refunding your money then you can anytime within two years move the consumer commission against them to seek your refund back and also you can seek extra compensation for deficiency of service.
Helpful
Helpful
Share
Read Related Answers
I recently Purchased a second hand car
Dear Client,
Firstly, you need to send a legal notice to the car shop/car dealer and demand them to repair or exchange the car by providing proper legal documents. If they refuse to do so, you can fil...
fraud by mcd and scraper agency
Dear Client,
You can file a complaint to the local police about the incident and ascertain the office of the people posing as members of MCD agency. If the members are legitimate, you can connect with...
Electric pole installation
Dear Client,
approach the electric board of your city and and file for grievances,the electricity board depends from every states like BESCOM etc. since it is a government department, it as to instal...
Format of application file u/s 71 of the Consumer Protection Act
Dear Client,
Section 71 of the Consumer Protection Act, 2019, provides the District Commission, State Commission, and National Commission the power to enforce their orders in the same way as a court d...
Bajaj finance closed my loan and provided NOC but re-open the account
Dear Client,
In the given scenario, serving a legal notice to Bajaj Finance, file a complaint against them before the Dist. Consumer Commission for deficiency in service and unfair trade practice clai...
Read Blogs on Consumer Protection
Consumer Protection Lawyers
Find Lawyers by Location
