Family stranded in Dubai over unpaid return flights, tour firm ordered to pay Rs 2.2 lakh

A dream Dubai vacation turned into an airport nightmare for an Andhra Pradesh family when they were told their return tickets to India had not been paid for, leaving them stranded in the United Arab Emirates (UAE) for two days and forcing them to shell out nearly Rs 95,000 for fresh flights home.

Holding the tour operator responsible for the ordeal, a consumer commission has ordered the company to pay Rs 2.2 lakh in refunds, compensation and litigation costs.

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.

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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.

Trouble at Dubai airport

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.

The family repeatedly contacted the tour operator seeking assistance but allegedly received no meaningful response. Unable to travel home, Rajasekhar, his wife and daughter were forced to remain in Dubai for two additional days. They incurred around Rs 10,000 towards lodging and boarding expenses and eventually purchased fresh flight tickets costing nearly Rs 95,000 to return to India.

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.

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Tour company’s defence

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 company further contended that it had acted strictly in accordance with its terms and conditions and had not committed any deficiency in service.

Court’s findings

The commission rejected the company’s defence, noting that although the company claimed Rajasekhar had agreed to arrange his own return tickets, it failed to produce any documentary evidence proving that it had been communicated to or accepted by the complainant.

Once the company accepted the payments and commenced the tour, it became responsible for providing the services promised under the package.

A crucial piece of evidence was a communication from Air India indicating that no payment had been received for one of the bookings and the ticket had hence been automatically cancelled.

The commission also found contradictions in the company’s stand. While it argued that the complainant had agreed to make his own return arrangements, it simultaneously claimed that return tickets had already been booked.

These inconsistent positions raised serious doubts about the genuineness of the company’s defence.

Final order

“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.

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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.

Consumer takeaway

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.

The order also underscores that travel firms may be held liable not only for financial losses but also for the mental agony caused when travellers are stranded far from home because of service failures. For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Andhra Pradesh: 0866-2551431) or call the National Consumer Helpline at 1915 for assistance.