Date:15/11/2008 URL: http://www.thehindu.com/2008/11/15/stories/2008111552800300.htm

Kerala - Thiruvananthapuram

Tour operator asked to pay damages

Staff Reporter

Complainants who were taken to Israel ended up in jail

THIRUVANANTHAPURAM: The Kerala State Consumer Disputes Redress Commission has ordered compensation of Rs.1.5 lakh each to two persons who visited Israel nine years ago, through a city-based tour operator, and landed in Tel Aviv prison.

Anthoniyappan Jose and Yagappan Layonse, residents of Poovar, went on a holy trip to Israel through the tour operator, Air Travel Enterprises India Limited on October 18, 1999. Three days later, they were thrown out of the lodge in Israel where they were put up since they did not have money.

The police arrested the duo since they did not have passport and travel documents. They were sent to a Tel Aviv prison.

Their passports were with the tour operator. It was alleged that the tour operator did not inform the duo’s families.

The prison authorities allowed Layonse to contact his family in Poovar. His relatives approached the tour operator to get them released from the prison.

Harrowing time

Later, he managed to return home through Indian Embassy on October 24, 2000. Layonse approached the Commission through Advocate Anto Marceline for a refund of Rs.44,200, compensation of Rs.7 lakh for mental agony and sufferings, Rs.3 lakh for failure to take care of them during the tour, Rs.3 lakh for mental agony to family and Rs.13,500 as the price of the return ticket.

Judgment

In their judgment, Commission members M.V. Viswanathan and S. Chandramohan Nair noted that the two had to suffer a lot in the prison since they did not have travel documents and that the tour operator had not taken any step to release them from the jail.

The order

The commission has directed Air Travel Enterprises Ltd to pay Layonse and Jose the refundable deposit of Rs.44,200 and 12 per cent interest from December 14, 2000, air fare of Rs.13,500 with 12 per cent interest from December 14, 2000, and a refund of 25,000 from the tour package amount of Rs.51,600.

The commission has asked the tour operator to pay a compensation of Rs.35,000 each and Rs.5,000 towards the cost.

The amounts due to them come to around Rs.1.5 lakh each.