{"id":998,"date":"2025-04-03T09:05:13","date_gmt":"2025-04-03T09:05:13","guid":{"rendered":"https:\/\/safetree.in\/blog\/?p=998"},"modified":"2025-04-16T11:08:26","modified_gmt":"2025-04-16T11:08:26","slug":"case-study-03-why-liability-insurances-are-vital-for-every-tour-operator","status":"publish","type":"post","link":"https:\/\/safetree.in\/blog\/case-study-03-why-liability-insurances-are-vital-for-every-tour-operator\/","title":{"rendered":"Case Study 03 : Why Liability Insurances are vital for every Tour Operator."},"content":{"rendered":"

Case\u00a0Note:<\/span><\/h2>\n

Kuoni\u00a0Travel\u00a0(India)\u00a0Pvt.\u00a0Ltd\u00a0vs\u00a0Arun\u00a0Sinha\u00a0&\u00a0Ors. on\u00a023\u00a0January,\u00a02012<\/span><\/h2>\n

Revision Petition in National Consumer Disputes Redressal Commission in New Delhi<\/p>\n

<\/p>\n

Facts\u00a0of\u00a0the\u00a0Case<\/span><\/h3>\n

The complainant went ahead and made a claim for a tour package that included Malaysia and Singapore for himself, his wife, and two children with leading travel agency. The complainant faced major problems. He had ordered two rooms for the family but only one room was made available to him. This caused quite a lot of suffering and pain to the complainant which made him to raise a concern regarding service deficiency.<\/p>\n

The District Consumer Forum held that the travel agency did not meet the level of service required and ordered the company to pay INR 2,55,000 as compensation. Founding the decision unsatisfactory, the company challenged the decision in the U.P. State Consumer Disputes Redressal Commission which confirmed the decision taken by the District Forum. Therefore, the company also filed a revision petition to the National Consumer Disputes Redressal Commission, citing Section 21(b) under the Consumer Protection Act, 1986.<\/p>\n

Issues\u00a0raised\u00a0by\u00a0Complainant<\/span><\/h3>\n

The main issue was whether Indian Tour Operator is liable for any deficiencies in service impacted by non-Indian foreign travel agencies.<\/p>\n

Judgement<\/span><\/h3>\n

The\u00a0National\u00a0Commission\u00a0made\u00a0following\u00a0key\u00a0observations\u00a0–<\/p>\n

Responsibility<\/strong>\u00a0<\/strong>for<\/strong>\u00a0<\/strong>Deficiency <\/strong>– The travel agency, having entered into an agreement to provide comprehensive services during the tour, bore the responsibility for any lapses.<\/p>\n

The\u00a0agency\u2019s\u00a0argument\u00a0that\u00a0it\u00a0was\u00a0merely\u00a0a\u00a0ticketing\u00a0agent\u00a0and\u00a0not accountable for the acts of foreign service providers was rejected.<\/h4>\n