Punjab

Fatehgarh Sahib

RBT/CC/1058/2018

Simran Bains - Complainant(s)

Versus

Antilog Vacations Pvt Ltd - Opp.Party(s)

Gaurav Gupta

25 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/1058 of 2018
Consumer  Complaint No.	:	RBT/CC/1058/2018
Date of Institution	:	11/10/2018
Date of  Decision	:	25/04/2023

 

 

1. Simran Bains D/o Gurdeep Lal
2. Ahilya Devi  W/o Gurdeep Lal.
3. Gurdeep Lal S/o Late Sh. Makhan Lal.

All resident of # 75 Green Enclave Daon , Mohali Punjab.

                                                                                                       …………....Complainants

 

                                                Versus

 

Antilog Vacations Pvt. Ltd. , office # 347 , Tricity Plaza, Peer Muchalla , Zirakpur- 140603 (Punjab) , through its Proprietor/ Manager.

 

..………....... Opposite Party

 

 

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

 

Quorum

 

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present:  None for complainant.

              Sh.Gourav Rubber , Counsel for the OP.

 

 

   

The  complaint has been filed against the OP (opposite party)  under Section 12 of Consumer Protection Act-1986 (Old) alleging deficiency in service with the prayer for giving direction to the OP to  refund the remaining amount of Rs.49,640/-   along with interest @ 18% P.A. to the complainant , to pay Rs.1,00,000/-  as compensation on account of mental agony and Rs.33,000/- as litigation expenses.

1. The complainants availed a tour package from the OP on 31.6.2017 for Hongkong and Macau and paid Rs. 1,94,000/- to OP.  Before booking of the said package , the OP collected Passport and other documents of complainants for verification and Visa purpose. The package was booked on 26.6.2018 only after confirmation by the OP . It was assured by the OP that the tour package was all inclusive of land package cost , visa and inclusive of GST . Thereafter, on 28.6.2018 , it was informed by the OP that visa of complainant no.1  Simran Bains was rejected by the embassy for the reason best known to them .   The complainants were shocked and their tour also got spoiled due to  this act of OP. The complainants repeatedly asked the OP for reason of objection of Visa but no explanation was given by OP. It was responsibility of OP to arrange Visa in which they failed.  Hence  the complainants were compelled to cancel the package and requested for refund of the amount paid by them . The OP ,  instead of refunding the money started offering package of other countries . The OP vide mail dated 29.6.2018 offered to refund an amount of Rs.84,000/- and vide mail dated 5.7.2018 offered to refund Rs.61,000/-.  The complainants could not bear the loss because of the act of the OP as they had paid total amount of Rs.1,94,000/- . The complainants , therefore sent a legal notice dated 12.7.2018 to the OP seeking refund of the total amount of Rs. 1,94,000/-. However the OP compelled the complainants to settle the matter in full and final  for Rs.1,44,360/-.  The complainants  received Rs.1,44,360/- from the OP under protest . The OP had threatened the complainants that  if they do not settle the matter in the offered amount , they will not be paid even a single penny . Hence this complaint.
2. Notice of the complaint was given to the OP through registered Post OP appeared through his Counsel  and filed  written version.
3.     The complaint has been contested by the OP, filed written version  and raised preliminary objections. The OP had booked tour package on 26.6.2018 only after final confirmation and go ahead by the complainants . The visa of complainant no.1 was rejected by the embassy for the reason best known to them , as OP can not interfere in the sovereign function of granting or refusal of visa to immigrants/ Tourists.  The OP had duly applied Visa of the complainant no.1 including other complainants and it was in the exercise of sovereign function that the embassy rejected the Visa of complainant no.1  but granted the same to the other complainants. Therefore,  it can not be said that there was any deficiency or fault  on part of OPs as regards providing of Visa services is concerned . The OP had offered refund of Rs.84,000/- vide E-mail dated 2^nd July 2018  and in addition to this ,  offered refund of Rs.61,000/- vide mail dated 5.7.2018. While booking the package , the cancelation policy was clearly mentioned and the complainants were well aware of it. The OP can not be held liable for rejection of Visa of complainant no.1. The package was cancelled by the complainants due to rejection of visa of complainant no.1.  The offer of refund was made by the OP as an exception after going beyond their Polices and as goodwill gesture towards a valued client . The OP never threatened the complainants regarding the refund matter. The acceptance of the offer of refund was only the  prerogative of the complainant’s side and  there was no pressure from the OP .  The complainant’s side had voluntarily agreed to accept the amount . After obtaining the said refund , the complainants side are indulging into  unnecessary and unwarranted litigation against OP just to extract more money. The OP’s prayer for dismissal of complaint with heavy cost  has been made .
4. The complainants in support of their complaint placed on record his  affidavit,  and  Photo copies of documents i.e Ex C1 booking cum payment receipt ,  Ex.C2   Email dated 26.6.2018,  Ex.C3 and Ex.C4 Emails , Ex.C5  Legal notice , Ex. C6  final settlement deed dated 1.9.2018 , Ex.C7 and Ex.C8 Emails .  In rebuttal the OP placed on record affidavit of Mohit Singla  , Partner  Antilog Vacations along with copies of documents  i.e  annexure OP 1 E-mail dated  26 June 2018,  Annexure OP 2 full and final settlement deed  dated  1.9.2018.
5.   Heard. Entire record has been  perused.
6.  Admittedly,  the complainant has deposited Rs.1,4000/-  on 26.6.2018 and also deposited Rs.90,000/- with the OP on 26.6.2018 vide Ex.C1.  The complainant also proved hotel booking by OP from 16.7.2018 to 20.7.2018 vide Ex.C2.  The cancellation and refund Policy of the OP is that this was non refundable booking and 100% tour cost will be deducted as cancellation charges vide Ex.C2. The complainants have also proved air ticket booking by OP for 16.7.2018 and 20.7.2018 vide Ex.C2.  As  per the cancelation and refund Policy for cancelation between 30 to 15 days before date of travel , the cancelation charges were 50% charges of total cost. The complainants have also proved full and final settlement for refund of money with OP on 1.9.2018 vide  Ex.C6.  The OP has proved hotel booking for the complainants from 16.7.2018 to 20.70218. As per the cancellation and refund Policy  of this booking , 100% cost will be deducted as cancellation charges vide  Ex.OP1. The OP has also proved booking of Air tickets for 16.7.2018 and 20.7.2018 and  as per the cancellation and refund Policy ,  for cancellation between 30 to 15 days before date of travel , 50 % cost will be deducted as cancelation charges vide Ex.OP1.  The OP has also proved full and final settlement deed for refund of money by the complainants on 1.9.2018, which is duly signed by the complainants vide Ex.OP2.

From the above evidence by complainants as well as OP ,it is clear that the complainants have entered into full and final settlement deed for refund of money with the OP and received refund of Rs.1,44,360/- from the OP. The complainants had paid total amount of Rs.1,94,000/- .The refunded amount is beyond the refund amount admissible as per“Cancellation and refund Policy” of the booking documents exhibited by the OP as well as the complainants. The complainants have already received refund amount offered by the OP and have signed the full and final settlement deed with the OP. We feel that now there are no grounds for the complainants to ask for further refund from the OP, as already having received refund amount and having duly signed full and final settlement deed with the OP. It will not be correct to hold OP responsible in any manner for cancelation of Visa of complainant no.1 , as the same was rejected by the embassy of a Foreign Country and Visa of other two complainants were granted .

7. In view of the above  discussion and inference, the present  complaint  is hereby  dismissed  with no order  as to cost. Copy of this order be sent to the complainant and the OPs as per rules. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. File be returned back to District Consumer Commission , Mohali, for proper consignment.

Pronounced 25 April 2023

                                             

                                                                      (S. K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             (Sh. Manjit Singh Bhinder )

                                                                                         Member