BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.495 of 2019
Date of Instt. 14.10.2019
Date of Decision: 04.07.2024
Harmeet Singh s/o Prem Singh R/o H. No.1068, Guru Nanak Nagar, PO Basti Mithu, Jalandhar, Punjab-144002.
..........Complainant
Versus
1. Cox & Kings Ltd. 14, Grand Mall near Hotel Radisson, Jalandhar. Through its Manager.
2. Head Office Cox and Kings Ltd., SCO-124, 2nd Floor, Feroze Gandhi Market, Ludhiana.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: None for Complainant.
OP No.1 exparte.
OP No.2 dismissed.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the OPs are dealing in tour and holiday packages of abroad. The complainant and her wife decided to go abroad for holidays for that purpose they visited the office of OP No.1 on 08.04.2019. The OP No.1 guided complainant about holiday package named Marvels of Europe in which detail of whole journey and its place which will be visited by complainant agreed and explained in written form as a brochure. The OP No.1 told the cost of package in total for couple was Rs.2,67,140/- which includes hotels, food, air tickets and travelling expenses. That amount which was paid in full by complainant. The OP No.1 made a package from 24 June to 01 July 2019. The OP No.1 appointed one tour manager for whole tour named Deepak Sharma from Ludhiana office. On 23 June i.e. one day prior to journey representative of company gave new plan of package in which many places cut shorts, the hotels and airline also changed which decreases the quality of whole tour. The complaint made objections to OP No.1 regarding change of plan, but due to shortage of time have no other option so he accepted the tour and travel with her wife. The complainant and her wife first reached at Paris on 24.06.2019 at about 07:30 PM. The OP No.1 provided the bus from Airport to hotel of which AC was not working at that time. The same matter was report to OP No.1 by all passengers in the form of email on 27.06.2019. On 24.06.2019 at night when complainant with her wife reached the hotel at Paris named KYRIAD LE BLANC MESNIL, it was surprised that AC of room also not working. The same problem was also faced by other tourists the same matter was also reported to OP No.1 in the form of email on 27.06.2019. The OP No.1 provided food as lunch in Paris on 25.06.2019 which was already spoiled the same matter was reported to OP No.1 by all the passengers in the form of email on 27.06.2019. On 26.06.2019 the complaint moved his journey of 7 hours from Paris to Switzerland through bus. The OP provided a bus in which same AC problem was occurred again and same matter was reported to OP through email on 27.06.2019 by all tourists. The complainant reached the Switzerland on 26.06.2019 at about 08:30 pm. After that complainant moved toward his hotel named Central Residence but it was surprised that at hotel no room booking is confirmed for complainant and 2 more couples faced same problem. The complainant and other two couples call several times to OPs, but no response by them. At about 01:00 am, the representative of OPs provided a guest house room to complainant. The same matter was reported to OPs in the form of email on 27.06.2019. On 27.06.2019, in the morning one complaint was given to tour manager of OP in handwritten by all tourists including complainant and then the OP accepted his mistake and decided to give only 20 Euro as compensation to each passenger. The complainant refused to accept the same at that time. The hand written application was also emailed to the OP at same time Ex.C-5. The OPs have committed great negligence, deficiency in service and unfair trade practice and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the total amount of tour Rs.2,67,140/- for playing unfair with the complainant and Rs.5,00,000/- as penalty to play falsely with its customers be imposed and total Rs.7,67,140/- as compensation to the complainant.
2. Notice of the complaint was given to the OPs, but OP No.1 refused to take the notice and ultimately OP No.1 was proceeded against exparte. On the other notice sent to OP No.2 received back with the report that no such office at this given address and the correct address has not been filed by the complainant despite availing number of opportunities even the complainant also failed to appear. Hence the complaint qua OP No.2 is dismissed U/o 9 Rule 2 CPC.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have gone through the contents of the complaint very minutely as none has appeared on behalf of the complainant since last so many dates and OP No.1 is already exparte and complaint qua OP No.2 is already dismissed u/O 9 Rule 2 CPC.
5. In nutshell the case of the complainant pertains to the fact that complainant alongwith his wife visited the office of OP No.1 for the purpose of purchasing a holiday package on 08.04.2019. Upon enquiry about the complainants for international holiday package, the OP No.1 recommended about a tour package to Europe by name of Marvels of Europe, in which detailed itinerary and details of journey to be travelled were explicitly mentioned and explained in writing. The brochure is Ex.C-1. The cost of tour package from 24.06.2019 to 01.07.2019 inclusive of hotels, food, air tickets and travelling expenses was calculated to be Rs.2,67,140/-. For this purpose, a special tour manager namely Deepak Sharma was appointed by OP No.1. But on 23 June, i.e. one day prior to journey, representative of company gave new plan of package in which many places were cut short, the hotels and airline were also changed which decrease the quality of whole tour. This fact has been proved from Ex.C-3. The complainant has alleged that he objected for this plan but due to shortage of time he has no other option except to accept it. The complainant and her wife firstly reached at Paris on 24.06.2019 and the OP No.1 provided the bus from airport to hotel in which AC was not working and the matter was reported to the OP No.1 through email dated 27.06.2019 Ex.C-4 by the complainant and all other passengers. When the complainant reached at hotel with his wife, the AC of the room was also not working and matter was also reported to the OP No.1 by way of email dated 27.06.2019 Ex.C-5. Further the OP No.1 provided food as lunch on 25.06.2019 which was already spoiled and the same was also reported to the OP No.1 by all the passengers via email dated 27.06.2019 Ex.C4. Then on 26.06.2019, the complainant moved his journey of seven hours from Paris to Switzerland through bus, but AC of the Bus was not working and again the matter was reported to OP through email Ex.C-4. On 26.06.2019, the complainant reached at Switzerland and the complainant moved towards his hotel, but at hotel no room booking was confirmed for complainant and two other couples and the complainant and two other couples called several times to OPs, but to no effect and then the representative of OPs provided a guest house room to complainant keeping them awaited for 4 hours and the complainant reported the matter to the OP No.1 Ex.C-4. On 27.06.2019 one complaint was given to tour manager of OP by all tourists including the complainant and then the OP accepted his mistake and decided to give only 20 Euro as a compensation to each passenger as per Ex.C-5, but the complainant refused the same.
6. On the other hand, the OP No.1 has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, however OP No.2 was not available at given address and not contested the case, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-5.
7. After going through the case file very minutely, it is clear that the OP is deficient in service and complaint of the complainant is partly allowed. The OPs are directed to refund the amount of Tour Rs.2,67,140/- to the complainant. Further, OPs are directed to pay a compensation of Rs.15,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
04.07.2024 Member Member President
