Courtesy The Indian Express

The loss of livelihood and future prospects of the complainant’s wife were also taken into account

Written by Anushka Khare

The Delhi Consumer Commission earlier this month directed travel companies Thomas Cook and Red Apple Travel to pay Rs 1 crore as compensation to Yogesh Saigal for the death of his family members in a road accident during a vacation in Sri Lanka.

Considering the mental and physical trauma faced due to the loss of his family caused by the negligence of the two travel companies, the Delhi State Consumer Disputes Redressal Commission sided with Saigal in an order dated July 1. The loss of livelihood and future prospects of Saigal’s wife were also taken into account.

Saigal, along with his wife, son, daughter, and father-in-law, had booked a vacation package to Sri Lanka through Thomas Cook in November 2019 for Rs 3.56 lakh. This package included accommodations, sightseeing, transportation, and travel insurance.

On December 23, 2019, the vehicle carrying Saigal’s family collided with a container truck in Colombo, resulting in the immediate deaths of his wife, son, and father-in-law. Saigal himself sustained severe injuries, including multiple fractures, and his daughter, Aishwarya, also suffered physical trauma.

The complainant further alleged that a few hours before the commencement of their journey, he was informed that the arrangements in Sri Lanka would be managed by Red Apple Travel, a fact that was not disclosed to him during the booking process.

Saigal further alleged that the involvement of Red Apple Travel was only revealed 36 hours prior to the journey, leaving the family with no option but to proceed or risk forfeiting the entire amount paid.

The aftermath of the accident led to Saigal issuing a legal notice to Thomas Cook on February 24, 2021, seeking Rs. 8.99 crore in damages for negligence, deficiency in services, unfair trade practices, and misleading advertisements. In his complaint, Saigal argued that Thomas Cook had failed in its duty of care by not ensuring safe and reliable contractors for the tour.