Delhi

West Delhi

CC/12/797

DHARAMPAL JAIN - Complainant(s)

Versus

Branch Manager, Thomos Cook (1) Ltd - Opp.Party(s)

09 Feb 2017

ORDER

    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                       Date of institution:   06.11.2012  

Complaint Case. No.797/12                                                                                            Date of order:  09.02.2017                  

IN  MATTER OF

Dharampal jain S/o late Shri Multan Singh Jain, R/o B-1, 302 Janak Puri, New Delhi-58

 

Mrs. Sharda Jain W/o Shri Dharam Pal Jain, R/o B-1, 302 Janak puri, New Delhi-58                                                                                                                                            ……..Complainants

VERSUS

Branch Manager, Thomos Cook (1) Ltd., Shop no. 36, 2^nd Floor, West Gate Mall, Rajouri Garden, Delhi-110027                                                                                               Opposite party-1

CEO, Thomos Cook (1) Ltd., Thomos Cook Building, Dr. DN Road Fort, Mumbai-01

Opposite party -2

General Manager, Thomos Cook (1) Ltd., D-15, South Extention-II, Delhi-49

                                                                                                                                      Opposite party-3

General Manager, Thomos Cook (1) Ltd., Thomos Cook (1) Ltd., 520 Udhyog vihar, Phase-III, Gurgaon-122016                                                                                       Opposite party-4

 

 

 

ORDER

R.S. BAGRI,PRESIDENT

The present complaint is brought by Dharampal Jain and another named above herein after referred as the complainants against Branch Manager Thomos Cook(I) limited and others herein after referred as the opposite parties U/S-12 of the Consumer Protection Act for seeking directions to the opposite parties to refund Rs. 3,25,000/- and pay compensation of Rs. 2,00,000/- on account of mental agony, harassment, miseries and financial losses suffered by the complainants for unfair trade practice and deficiency in service on the part of the opposite parties.

            The Brief relevant facts necessary for disposal of the complaint are that the complainants purchased a ‘’Super Budget America’’ group tour package from the opposite

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parties vide reference no. G120008380, tour code: TCUT0409 on payment of sum of Rs. 1,90,000/- plus USD 2,000. Rs. 1,00,000 vide receipts no. 080191 and R120045411 on 08.05.2012 commencing from 04.09.2012.

            The opposite parties arranged Visas for complainant from Visa officer US Embassy on 23.05.2012. The complainants on persuasion of the opposite parties prepone the tour from 04.09.2012 to 03.07.2012. The complainants arranged balance payments, travel papers and  gave to the opposite parties on 22.06.2012 for processing.

            The complainants on 28.06.2012 informed Mr. Rohit Kumar Branch Manager of the opposite party no. 1 that their younger son, who sponsored the trip, was experiencing severe pain in abdomen and doctors suspected cancer. Therefore, they will stick to their original tour plan commencing from 04.09.2012. Which was in principal agreed by him. The complainants in the evening of 30.06.2012 received travel insurance, hotel vouchers, internal flights tickets and passports. This is an unethical practice by the opposite parties. Specially when the complainants had requested for postponement of the trip. The complainants requested the opposite parties that the opposite parties had ample time to postpone the trip to the original schedule departure but in vain. The opposite parties on 02.07.2012 few hours before departure sent flight tickets to the complainants. Mr. Sachin younger son of complainant was diagnosed CARCINOMA SIGMOID COLON on 31.06.2012.

            The complainants sent a legal notice to the opposite parties on 14.07.2012 asking them to refund a sum of Rs. 3,25,000/- paid by them for the tour package but to no effect hence the present complaint.

            After notice the opposite parties filed reply of the complaint while contesting the same and raising preliminary objections that complainants have concealed true and material facts and have filed false and baseless complaint just to harm and harass the complainants, complaint is without any cause of action and liable to be dismissed with special cost.

            However on merits booking of the tour package and payment by complainants is admitted. It is also admit that the tour programme was prepond from 04.09.2012 to 03.07.2012. But asserted that the complainants signed letter of booking after going through the terms and conditions of the tour package and in terms and conditions under heading ‘’cancellation’’ following is already mentioned:-

            “ All services such as Airline Seats/ Hotel accommodation/ground transportation etc. for group tours are pre-blocked well in advance. We are still liable to pay to all our suppliers/vendors the agreed charges including penalties, if these services are released

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within the below mentioned time frame. If circumstances make you cancel the tour, the cancellatin must be intimated to us in writing. All cancellations will attract the following cancellation charges:-

Cancellation Charges when a Cancellation is made	Per Person Charges
35 days or more prior to the departure of the tour	INR 50,000/-
34-21 days or more prior to the departure of the tour	INR 70,000/-
20-11 days or more prior to the departure of the tour	INR 1,00,000/-
10 days or less prior to departure of the tour or a ‘’No Show’’ on the tour	100% of the Tour Cost

           

            The complainant did not give any writing for cancellation of the tour package. The opposite parties had already booked hotel and flight tickets and spent money on insurance of the complainants and passports. They did not show on 30.07.2012 for boarding. The opposite parties on 03.07.2012 vide email informed the complainants that as per cancellation policy 100% cancellation charges is applicable and the amount paid by them stand forfeited. All other allegations of the complaint are vehemently denied and prayed for dismissal of the complaint.

            The complainants filed replication to the reply of the opposite parties while controverting stand taken by the opposite parties and reiterated their stand. They once again prayed for directions to the complaint.

            When the complainants were asked to lead evidence by way of affidavit they tendered in evidence affidavit of Shri Dharampal Jain one of the complainants dated 13.11.2013. Wherein he once again narrated facts of complaint. The complainants in support of their complaint have relied upon copy of invoice, implant/counter receipt and cheque issued to Thomos Cook (I) Ltd. as annexure-A,  copy of the Visa application form and Visa letter as annexure-B, copy of visa as annexure-C, cheques no. 003913, 003912 issued by ICCCI bank as annexure-D, copy of the medical investigations till 03.07.2012 as annexure-E, copy of the Bajaj Allianz travel insurance documents no. OG-13-1201-9910-00002250 and OG-13-1201-9910-00002249 as annexure-F, copy of the Air China Ticket as annexure-G, copy of the selected medical prescription and investigations as annexure-H, copy of the legal notice dated 14.07.2012 as annexure-I, copy of the reply of the legal notice dated 03.10.2012 as annexure-J.

            The opposite parties in support of their version tendered affidavit of Saraansh Seth dated 17.01.2014. Wherein he has narrated facts of the reply. The opposite parties in support of their version have relied upon booking form of tour package.

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The parties also filed written submissions. We have heard counsel for the parties and have gone through material on record carefully and thoroughly.

After having heard both the sides and going through the material on record it is common case of the parties that the complainants purchased a ‘’Super Budget America’’ group tour package from the opposite parties on 08.05.2012 commencing from 04.09.2012 vide reference no. G120008380, tour code: TCUT0409 on payment of sum of Rs. 1,90,000/- plus USD 2,000. Rs. 1,00,000 vide receipts no. 080191 and R120045411. The parties prepone the tour from 04.09.2012 to 03.07.2012.

The case of the complainants is that their younger son, who arranged the tour programme fell ill on 28.06.2012 and diagnosed CARCINOMA SIGMOID COLON on 30.06.2012. They informed Rohit Kumar Branch Manager of opposite party no.1 on the same day and requested him to stick to their tour from 04.09.2012 and he principally agreed. Whereas the case of the opposite parties is that as per the cancellation policy following cancellation charges shall be applicable

 

Cancellation Charges when a Cancellation is made	Per Person Charges
35 days or more prior to the departure of the tour	INR 50,000/-
34-21 days or more prior to the departure of the tour	INR 70,000/-
20-11 days or more prior to the departure of the tour	INR 1,00,000/-
10 days or less prior to departure of the tour or a ‘’No Show’’ on the tour	100% of the Tour Cost

  

It is also case of the opposite parties that cancellation could be made only by way of written request. But the complainants did not give any writing either on 28.06.2012 or their after for cancellation of the tour programme. They did not show on 03.07.2012 at the time of departure, therefore, the entire deposited amount is forfeited as per the cancellation policy. In support of their case they have relied upon booking request of the complainants with terms and conditions.

From the perusal of the terms and conditions of the cancellation policy it is clear that if any tour programme is cancelled within 10 days of departure of the tour or a “No Show’’ 100% of the tour cost shall stand forfeited.

Similar are the facts of the present complaint. The complainants intimated the opposite parties for cancellation of their tour on 28.06.2012 within 10 days from departure of the tour and they did not show at the time of departure, therefore, the tour cost is  

 

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rightly forfeited by the opposite parties. There is no unfair trade practice and deficiency in service on the part of the opposite parties.

Therefore, there is no merit in the complaint. The same fails and is dismissed.

Order pronounced on : 09.02.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

(PUNEET LAMBA)                                    (URMILA GUPTA)                                        (R.S.  BAGRI)                       MEMBER                                                        MEMBER                                                   PRESIDENT