Delhi State Consumer Commission Orders Thomas Cook to Pay ₹1 Crore for Negligence Leading to Fatal Sri Lanka Accident

High Court enhances District Commission's award, emphasizing accountability and consumer protection in tragic tour mishap.

The Delhi State Consumer Disputes Redressal Commission (DSCDRC) has delivered a significant judgment against Thomas Cook (India) Pvt. Ltd. and Red Apple Travel, holding them jointly and severally liable for ₹1 crore in compensation. The judgment stems from a tragic incident during a Sri Lanka tour in which multiple family members of the complainant, Yogesh Saigal, lost their lives due to alleged negligence by the travel service providers.

The complainant, Yogesh Saigal, along with his family, had booked a Sri Lanka tour package through Thomas Cook (India) Pvt. Ltd., who subsequently delegated ground handling responsibilities to Red Apple Travel. Just days before the tour, crucial information regarding these arrangements was disclosed, leaving the complainant with no alternative but to proceed. During the tour, a vehicular accident occurred, resulting in the deaths of Saigal's wife, son, and father-in-law, and causing severe injuries to Saigal and his daughter.

The DSCDRC found clear evidence of negligence and deficiency in service by the respondents. The commission applied the doctrine of res ipsa loquitur, indicating that the accident itself provided sufficient evidence of negligence. The court noted, "The photograph of the accident exhibits that the driver of the ill-fated vehicle rammed into another vehicle from behind without any provocation, therefore there was a breach of duty from his side."

The court emphasized the vicarious liability of Thomas Cook for the actions of its agent, Red Apple Travel. It cited precedents, including the Indian Airlines vs. S N Seth case, asserting that principals are liable for the negligent acts of their agents.

The commission underscored the travel service provider's duty of care towards its clients, highlighting that Thomas Cook failed to ensure the safety and reliability of the contractors hired for the tour. The judgment referenced multiple Supreme Court decisions on the standards for awarding compensation, emphasizing the need for consumer forums to ensure justice by imposing sufficient monetary compensation to deter negligent practices.

Justice Sangita Dhingra Sehgal remarked, "The negligence of the driver causing the accident, following which the complainant lost his wife, his young son, his father-in-law and the complainant and his daughter were badly injured, establishes the liability of the service providers under the doctrine of res ipsa loquitur."

This landmark judgment reinforces the accountability of travel service providers in ensuring the safety and proper communication of all tour arrangements. By enhancing the compensation to ₹1 crore, the DSCDRC has sent a strong message about the importance of consumer rights and the severe consequences of negligent service practices. The decision is expected to have a significant impact on future cases, encouraging higher standards of care and transparency in the travel industry.

Date of Decision: 01.07.2024