Date of filing : 02-01-2010 Date of order : 12 -11-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.02/2010 Dated this, the 12th day of November 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER 1. Ahamad Badrudeen, S/o.K.S.Hassankutty, R/at Pallikkal Kunnil, Thalangara, Kasaragod, Kerala. 2. Jameela.K.S, W/o.Thalakkal Moidu Haji, } Complainants R/at Manin Bazar, Nileshwar, Nileshwar.Po.Hosdurg Taluk. 3. Sohra Abdusamad, D/o.K.S.Hassankutty and W/o.Dr.M.A.Samad, R/at Kizhoor, Melparamba, Kasaragod Taluk. (Adv. T.M. Jose, Hosdurg) 1. Thavakkal Travels Services, Railway Station Road, Kanhangad, Rep. By }Opposite parties Abdul Khader Haji, Po.Kanhangad, Hosdurg Taluk 2. Abdulkhaer Haji, Thavakkal Travels, Railway Station Road, Kanhangad.Po. Kanhangad, Hosdurg Taluk. (Adv. Janardhanan, Hosdurg) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Case of the complainants is as follows: Complainant having seen an advertisement about a special Umrah package fare, in between dates 29th July to 10 August 2009 contacted opposite parties and submitted travel documents and paid `45,000/- as advance. The fare for the Umrah travelling was `37,400/- per head. Complainants were directed to get ready for their Umrah travel on 4-8-2009. But as assured opposite party No.1 did not arrange the Visa. Hence on repeated calls opposite party No.2 told that they can depart from Calicut Airport on or before 10-08-2009. But on 10-08-2009 opposite party No.2 told that he would arrange visa and travel documents for which he collected full mount on 21-09-2009. The opposite parties informed the complainants that the visa will not be stamped unless the higher amount is paid. The complainants mentally prepared to Umrah pilgrimage during that time paid `24,300/- to opposite parties. Finally as per the travel documents given by opposite parties on 30-08-2009 they travelled abroad. On verifying the travel documents complainants could see that the Umrah visa was actually issued on 18-08-2009 itself and the said fact was not informed the complainants in order to collect `24,300/- additionally. The opposite parties collected the additional amount even after stamping the visa on 21-08-2009 for unlawful gain. This was known to the complainants only on 30-08-2009 at Calicut Airport. The opposite parties have delayed the submission application for visa in order to collect more amount and waited for the expiry of the concession rate of travel. 2. Another grievance of the complainants is that on account of the negligence of the opposite parties the photos of complainant No.2 and complainant No.3 is interchanged on their respective Visa’s. Hence the Jeddah airport authorities did not allow them to travel in return. But realizing the bonafideness of complainants No2 & 3 they allowed them to return. The complainants suffered pain mental agony and sufferings on account their detention at the airport eventhough for a short time. Therefore the complainant alleging deficiency in service on the part of opposite parties. 3. According to opposite parties they have made advertisement about the Umrah special fare `37,400/- for travellers in between the dates 29th July to 10th August. Accordingly they agreed to arrange everything for the Umrah pilgrimage of the complainants. On 18-07-2009 they received `45,000/- as advance from complainant No.1. Being the sub agent of M/s Alhind Tours & Travels Pvt. Ltd, Calicut, opposite parties has promised the complainants that the visa would be arranged and get ready for departure from Calicut Airport on 4-8-2009. But due to administrative delay from the Embassy authority due to H1 N1 fever visas were not issued during the stipulated time of 29th July to 10th August. This facts were intimated to the complainants earlier. Opposite party specifically stated the complainants that these fares are available only during off season. The fare during peek season will be higher and the same comes to `64,000/-. But the complainants have paid `45,500/- only. But the opposite parties arranged visa in time and thereby sustained huge loss. Opposite parties never delayed the pilgrimage. Further Umrah journey is a pilgrimage offering prayers to god and the complainants are bargaining the fare without applying proper mind. Regarding the interchanging of photos of complainants No.2 & 3 in their respective Visas they might have wrongly affixed by the embassy authorities which is a regular incident happening at the consulate for which opposite parties cannot be penalised . The opposite parties are unnecessary parties to the complaint since they acted as sub-agent of Al-hind Tours & Travels (Pvt) Ltd, Calicut. Therefore the complaint is liable to be dismissed. 4. First complainant filed proof affidavit in support of the case of the complainants. Exts A1 to A17 marked. Opposite party No.2 filed affidavit in support of the contention of opposite parties. Ext.B1 marked. One witness examined as DW2. Both sides heard and documents scrutinized. 5. The payment made by the complainants and the Umrah pilgrimage performed by them are not in dispute. According to opposite parties the embassy authorities has not stamped the visa due to spreading H1 N1 fever and that caused the delay. But complainants produced. Exts A5 to A17 documents the copies of passports and visas of other Umrah pilgrims stamped during that period to substantiate that the contention of opposite parties is not true. Those documents prove that during the period on which according to opposite parties the embassy authorities restrained the issuing of Visa, people are traveled to Saudi Arabia for Umrah pilgrimage. Against this DW2 the Manager of Al-hind Travels, Calicut has deposed that it was M/s Al-Hind Tours & Travels arranged visa and ticket to the complainants. They sent the passport photographs it to their Head Office at Bombay. The journey of complainants were proposed on 4th August stamping of Visa. But was delayed due to the instructions of Saudi consulate. During cross-examination DW2 stated that the restrictions to the traveling on account of spreading of H1 N1 fever was informed by medical publications and also on the notice board of the Embassy and only after the relaxation of said ban visa was stamped for the complainants. 6. Ext.A3 is an acknowledgement issued by opposite party No.2 to complainants dated 28-8-2009. As per that opposite party No.2 acknowledged that since the Umrah Visa has not stamped during the Umrah package period and since it became Ramzan package the higher rate of 24,300/- collected additionally. 7. Admittedly the Umrah package was ended on 10th August 2010. For which the visa could not be arranged to complainants. Had it been so complainants could have opted to withdraw from the proposed pilgrimage through opposite parties. But for which the plea of the complainants is that as they were mentally prepared to go for Umrah during that time and hence they paid the sum to the opposite parties. This is not acceptable. If it is accepted then the contention of opposite parties that Umrah journey is a pilgrimage in the name of god and the complainants are bargaining the fare without applying proper mind to God is also to be accepted. 8. Moreover, the complainants set up their case on a wrong notion that opposite parties charged higher rate of `24,300/- for the visas that were already stamped. Actually the higher rate has to be paid not for stamping visa but it is towards the ticket fare. 9. There is a practice in vogue among the airlineries to collect higher fare during peak seasons without settling a fixed fare. Such an anomaly is seen only in the airlineries. No other public transport services are allowed to collect the ticket fares according to off-seasons and peak seasons. Actually this is nothing but an unfair trade practice on the part of airlineries. But in the case on hand the complainants after fully knowing that higher rate is demanded by opposite parties paid the same voluntarily without any demur and enjoyed the Umrah pilgrimage. Had they felt that the opposite parties are illegally collecting the amount then they could have opted their Umrah Pilgrimage through some other travel agents and claimed their advance money back. Therefore the complainants are not entitled for the refund of the additional amount that is paid for Umrah pilgrimage. 10. But as against the changing photos on the visas of complainant No.2 and complainant No.3 certainly there is deficiency in service on the part of opposite parties. Though DW1 & DW2 stated that the photos are affixed by the consulate authorities and not the travel agent, they have not produced any document or examined any witness from the consulate to prove this contention. Any way the fact remains is that complainant No.2 and 3 were put under extreme mental agony for a few minutes at the airport. Opposite parties are therefore liable to compensate the complainants 2 & 3 on that account for which we fix `2500/- each to complainants No.2 & 3. Therefore the complaint is partly allowed and opposite parties are directed to pay `2,500/- each to complainants No2 & No.3 together with a cost of `3,000/-. Claim for compensation by the first complainant is rejected. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite parties shall be liable to pay interest @ 9% for `5,000/- from the date of complaint till payment. Had the opposite parties got a case that the embassy authorities were the wrong doers in the matter of changing the photographs then opposite parties can recover the aforesaid amount paid to the complainant from the embassy authorities by initiating appropriate legal proceedings in the proper forum having jurisdiction. Sd/- Sd/- MEMBER PRESIDENT Exts. A1. Acknowledgment issued by Thawakkal Travel Service A2. 04-08-2009. Bill Issued by Tawakkal Travel & Recruting Agency, Kanhangad. A3.Acknowledgement issued by Thawakkal Travel Service. A4. series Ticket issued by Air India A5. Attested copy of the passport with stamped visa of complainant No.2. A6. Photocopy of passport A7.17-09-2009 copy of lawyer notice. A8. 15-10-2009 reply notice. A9. Photocopy of passport and Visa of Ahamed Abdulla A10,. Photocopy of passport and Visa of Aishabi Ahamed A11. Photocopy of Visa of Mohammed Kunhi Abdul Nisar passport A12. Photocopy of Visa of Cherakkadath Nafeesa A13.Photocopy of Visa of Sameera Abdul Rahiman A14.Noatry attested passport copy & Visa of Shareef Kudroli A15 ,, ,, of Sajeeda Sheref A16. ,, of Aisamma A17. ,, ,, of Mohammed Yunnus Shaz B1.Carbon copy of the Receipt dt.26-08-099 issued by OP NO.1 to Ist complainant. PW1. Ahammed Badaruddin.K.S. DW1. Abdulkhader Haji DW2. Abdul Sameer Sd/- Sd/- MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
| | HONORABLE P.Ramadevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | , | | 
