Legal Question in Consumer Law in India

as part of college tour,our class cordinator agreed a package consisting 12 days from a travel agency, each paid Rs10600,unfortunately due to bad health i have to drop out the trip at the very second day.
Tour started on 15/06/2013 from cohin to chennai,delhi,punjab,shimla,kullu,manali.
I droped out the trip on 16/06/2013 at chennai due to hevy fever.
transporting means are, Indian railways- to and fro from cochin to delhi,and from delhi by tourist bus.
our class cordinator had signed a contract consisting terms and conditions,which also says that cancellation before 90 days of travel gets 100%refund,rest cancellation is not viable for refund.
another twist is that,our trip startd on 15th june and agreement was signed on 13th of june,so that the clause for refund is itself not justifiable
is there is any chance left for me to get refund of money upto certain limmit?? tour agency is refusing
luking ahead from u,thank you

Asked on 7/17/13, 9:19 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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18.07.2013

Dear Sir / Madam,

Your class co-ordinator would have estimated the total number of students on the package tour, and he / she must have signed the contract with the travel agency 100 days before the actual commencement date of the tour, for the travel agency to make arrangements to book the train tickets in advance. Your class co-ordinator is not responsible since you began the tour and opted out of the tour midway due to high fever. So, even if the class co-ordinator is to consider giving any refund to you now, the First AC Chair Car Kochi-Delhi sector return rail fare of around Rs. 3,120/- and the two days tour charges of Rs. 1,766.67 ps (per day charge for the tour is Rs. 883.33 ps) totalling to Rs. 4,886.67 (rounded off to Rs. 4,887/- are payable by you. If your class co-ordinator had a found viable alternative / option in your place during the tour, he / she should refund Rs. 5,713/- i.e approximately Rs. 5,700/-

Regards,

Answered on 7/17/13, 10:19 pm

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