Date of Filing : 07/12/2020
Date of Judgement : 28/11/2023
Sri Subir Kumar Dass, Hon’ble Member
The instant complaint arises out of the stated fact that the complainant on being offered “Europe Tour including London from 06.06.2020 to 20.06.2020” by the OPs agreed to avail of the said tour programme with his family comprising three members at the cost of Rs.6,00,000/- out of which Rs.1,80,000/- was paid on or before 26.02.2020 and thereafter the complainant having cancelled the said tour on 12.03.2020 i.e. more than 60 days before the proposed commencement of the tour, approached the OPs for refund of the amount paid and such request on the part of the complainant having not been entertained by the OPs even after repeated requests on different dates by the complainant through electronic mode of communication, the complainant filed this complaint before this commission with the prayer for an order directing the OPs to refund Rs.1,80,000/- along with interest from 12.03.2020 and also directing the OPs to pay Rs.1,00,000/- as compensation and another Rs.1,00,000/- as cost of litigation.
OPs contested the case by filing written version wherein they have taken up the plea of difficulties faced by them during the pandemic period as well as financial incompetency arose by way of non refunding of the amount paid as advance to different agencies for booking air ticket and hotels by respective agencies. They also denied occurrence of deficiency in service on their part.
POINTS TO BE DECIDED
Whether the complainant is entitled to get relief(s).
DISCUSSIONS AND FINDINGS
During the proceedings both the parties filed their evidence, Questionnaire and Reply and also during advancing oral argument filed BNA.
We have applied our mind and meticulously considered materials on record including oral submission by the parties during the arguments.
The complainant in support of his claim for relief, submitted copy of documents showing payment of Rs.1,80,000/- out of which Rs.60,000/- was paid vide cheque No.504555 dated 27.01.2020 in favour of Chowdhury Tourism on State Bank of India, Kabardanga Main Branch and another Rs.1,20,000/- was transferred to the A/c. of the OP on 26.02.2020; receipt of which have duly been acknowledged by the OPs vide E-mail dated 29.01.2020, 26.02.2020 and subsequently of 12.06.2020. It is also admitted fact that the complainant cancelled the tour programme on 12.03.2020, atleast more than 60 days before the scheduled commencement of the programme. It is seen from the terms and conditions for the OP, copy of which has been submitted by the OPs through written version, that booking amount for the said tour programme was Rs.20,000/- per person and as per the cancellation policy only booking amount, which is stated to be non-refundable in nature, can be deducted from the amount paid if the customer cancels the programme on a day prior to 60 days from the date of scheduled commencement of the tour.
It is also noticed that cancellation of the tour programme in totality by the OPs was preceded by cancellation of programme by the complainant. Hence complainant can not claim himself entitled to any relief beyond the limit of the cancellation policy on the plea that ultimately total tour programme was subsequently cancelled owing to the effect of Corona Virus during pandemic period.
The OPs in their evidence have not denied acceptance of the amount of Rs.1,80,000/- from the complainant, rather they put forth the adverse effect of the corona virus led pandemic period on commercial as well as financial arena of tourism industry and submitted that owing to such critical adverse situation, refund could not be made by them.
We are all aware of the curse of corona virus which affected the commercial, financial as well as general conditions of livelihood of the mankind as a whole and needless to mention that each and every institution/business severely affected by it. But such reason cannot immune us from discharging responsibility and liabilities which we owe in terms of our regular course of business.
The OP relied upon the judgement of Hon’ble NCDRC in Review Petition No.2779 of 2012 decided on 09.05.2014 on the point that once the complainant had claimed refund of amount, he seizes to be consumer. On careful reading of the citation of the said judgement, we are of the opinion that the fact and circumstances of the case mentioned therein is different from the fact and circumstances of the instant case and no way both can be equated as identical to each other.
Thus the complainant, in our opinion, succeeds to establish his case and thereby entitled to get relief subject to the limitation contained in the cancellation policy of the OP as the same has duly been agreed upon and accepted by the complainant at the time of making payment. Since the complainant with his family were three persons for whom Rs.60,000/- is the booking amount which the complainant paid on 27.01.2020; the complainant is not entitled to get any relief with respect to that amount.
Since the suffering of cancelation of entire tour programme affected the OPs for a considerable period and such adverse situation had an impact and reasoning for inordinate delay in making the refund by the OP, we think it just and proper not to impose any further cost on OP in addition to relief, interest and cost of litigation.
Hence it is
Ordered
that CC 320 of 2020 is allowed, in part, on contest against the OPs with cost.
- OPs are directed to pay refund amount of Rs.1,20,000/- along with interest @9% per annum for the period from 12.03.2020 till actual payment.
- OPs are also directed to pay Rs.10,000/- towards cost of litigation to the complainant.
In case of failure, on the part of the Ops to comply the above order, the complainant will be at liberty to take necessary action in accordance with Law.
Dictated and corrected by
Member
