NiceManMyself (self) 11 May 2013

How to handle travel agent

Dear esteemed members,

I travelled recently to Kolkata, Darjeeling, Gangtok, and made some of the arrangements through a travel agent known to my uncle. The tragel agent has a local contact in Siliguri and made the arrangements for the travel with his help. The total package was Rs. 53,000 for 3 nights stay in Gangtok and Lauchung for 2 rooms (budget hotels), and Innova or equivalent car for entire trip (New Jalpaigudi to Darjeeling, Darjeeling to Gangtok, Local trip in Gangtok, Gangtok to Lachung and back, Gangtok to New Jalpaigudi).

The main issue was about hotel booked in Gangtok. The hotel was under renovation, lot of noise, dust, water is not suitable for living condition (Brown color), no lift facility and room was allocated in 4th floor. After repeated requestes, and talking with travel agent, 2nd floor was allocated. The hotel website climed they have inhouse generator, but no generator was operated when there was power cut. we had our dinner in dark in the restaurant.

The agreement was that vechicle will be at our disposal for complete 7 days. But, travel agent in siliguri informed that they do only point to point, and vechile wasn't at our disposal throughout. Further more, when we were to travel to lauchung, Sumo was sent instead of Scorpio/Innova. Since i was sick, we had to cancel the trip, and request them to cancel Lachung trip, and arrange trip to south sikkim, which siliguri agent agreed. During a conversation, referring to above incidence, my friend told siliguri agent that he has cheated us, and charged us heavy amount. The travel agent in chennai called me over phone, and threatned me that they will file a FIR and i won't be able to leave Gangtok. He also sent me threatening SMS mesages.

We have paid complete amount as per agreement, and would like to know how we can recover for damages, and lodge a formal complaint.

1. Can i send a email, or do i need to send a formal registered letter to travel agent?

2. Can i lodge a complaint to consumer court? What proofs will be required? What will be jurisdiction?

Please let me know if more details are required.

Thanks in advance for the help.

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4 Replies

padmajairam (behavioral assessor) 11 May 2013

I am no lawyer - only a lay- person. but would like to offer my thoughts.

(1) Do you have a written email / agreement between your agent and yourself on each of the points such as car at your disposal all 7 days, the make/model of car etc?

(2) Did you get the car number and names of the dirver / his driver licence when he was at your disposal while touring ?

(3) Did you click pictures of the dilapitated condition of the hotel you stayed at including the food, stay bills etc ?

(4) I am sure you have proof of payment of the entire amount of Rs.53,000/- which you will need.

(5) Did you speak to and get the phone numbers of any other guest at the hotel in Gangtok so that they will also vouch for you ?

I am not sure about the jurisdiction etc. But, if the travel agent has a website - you can lodge a complaint in that itself plus also in their facebook page and in other forums such as "mouthshut.com" . You can also go public in your local newspaper where the travel agent is situated - if you feel it is warranted.

A mistake has occured. it may not have been intentional on the part of your agent who did the coordination, but some one must take the blame. The primary point of contact is your travel agent who promised you all the above - so he must take responsibility for all the troubles and unnecessary hardships you had to face. He mus the least apologise and offer to compensate.

Once again, i am only a lay -person with no law background. I too travel a lot and so, with my limited expeirence I have suggested a few things.

I do hope some lawyer from the forum will take interest in your case and respond.

Thanks and regards

NiceManMyself (self) 11 May 2013

Thanks mam..

I have a written email from travel agent about type of vechile and that it will be with us during complete trip.I don't have car number details, or photos from hotel's condition. I have proofs for funds transfer and acknowledgement from agent. We spoke to the people working in hotel restaurant who told us about change of management, renovation work, that they are offering hotel for cheap rates due to that. I can write about service provided in mouthshut, tripadvisor etc. I feel, they have charged quite a bit of money for this kind of service, so i want to know what is the right way to deal with this, and whether it is work to take this is to consumer court, given that i don't have lot of time and energy for the battle

NiceManMyself (self) 12 May 2013

what are the liabilities of travel agent who booked a shabby room/hotel for Rs. 3700 per night? I would like to get advice on this also. If he can't be held responsible, i may not have a case here.

padmajairam (behavioral assessor) 12 May 2013

I suggest, you write to one of the many lawyers (listed in your city )- form the group itself. when u send a personal message ( PM) they may respond.

I am unable to guide as i am not from the legal fraternity.

As for the hotel - if they have listed in internet - if their website shows pictures/ facilities that are absent - you can use that as a "fraud" and wrong representation claim. - again , u need to chk with a lawyer.

regards