Briefly stated that the complainant paid a sum of Rs. 31,858/- and Rs. 10150/- on dated 15.2.2020 through credit card in favour of OP for bocking of a tour vide file No. F200002462 for himself and his friend Gagandeep for visiting Thailand for five nights and six days. The tour was planned for 3.6.2020 to 8.6.2022. Because of the imposition of Lock Down due to Covid-19 the tour did not materialize and the complainant asked for his refund from the OP but the OP did not pay any heed to his request. Aggrieved by none refund of the amount by the OP, the complainant filed the present complaint for a refund of Rs. 41,908/-alongwith interest @ 18% p.a from the date of booking and Rs. 1,00,000/- as compensation for physical and mental harassment besides Rs. 11,000/- as litigation costs.

Upon notice OP appeared and filed its written version stating that the OP has not deliberately withheld the amount given by the complainant. The OP has taken up the matter with the Spice Jet Airline for air journey and OP is merely an agent of the Spice Jet Airline. So far as payment made to them as travel agent i.e amounting to 10,150/- is concerned, the OP has already been ready to refund the same after deducting minimum Rs. 2500/- as services/administrative charges per person and has also been ready to refund Rs. 4750/- by way of credit voucher which can be utilized by the complainant and his co-passenger towards future tour booking.

The OP has also taken up the matter with the Spice Jet Airline but the said Airline refused to refund the amount and has only offered date change/credit shell balance of Rs. 31622/- in terms of the instructions issued by the Government of India through The Director General of Civil Aviation.

The parties have led their evidence by way of their Self Declarations and documents. We have heard the arguments and have gone through the case file very carefully.

The complainant through his counsel has brought to our notice that the complainant has already received the amount of Rs. 31,622/- from the Spice Jet Airline and Rs. 4500/- from OP. However, the OP has deducted a sum of Rs. 5000/- as administrative charges/services charges for the two person at the rate of Rs. 2500/- per person. 

We are of the opinion that since the complainant has not himself cancelled the booking and the tour was cancelled due to imposition of Lockdown throughout world. So, the OP is not entitled to deduct any service/administrative charges taken by the OP for booking the tour from the payment of services charges. So, OP is liable to refund a sum of Rs 5000/- also which it has deducted on account of administrative/services charges. Hence OP is directed to refund a sum of Rs. 5000/- to the complainant within a period of 45 days from the date of receipt of the copy of this order, failing which OP will be liable to pay the interest @ 9% from the date of filing of the complaint till its realization. Copies of the order be supplied to the parties free of charges under the rules and file be consigned to record.