Tamil Nadu

South Chennai

4/2008

N.Jayaraman - Complainant(s)

Versus

Cox & Kings (I) Pvt Ltd and 2 others - Opp.Party(s)

S.Natarajan

04 Jan 2018

ORDER

                                                                        Date of Filing :   11.11.2008

                                                                        Date of Order :   04.01.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

 

C.C.NO.4/2008

THURSDAY THIS 4^th DAY OF JANUARY 2018

Mr. N.Jayaraman,

No.59, Bharathiyar Street,

V.Marudhur,

Villupuram 605 602.                                .. Complainant

                                        ..Vs..

1. The Managing Director,

Cox and Kings (I) Pvt. Limited,

Turner Morrison Building,

16, Bank Street,

Fort, Mumbai 400 023.

 

2. The Manager,

M/s. Cox & Kings,

Cox & Kings (I) Pvt. Limited,

No.11, Rangam Ceebros,

Cenotaph Road,

Teynampet,

Chennai 600 018.

 

3. Rujutha Singh,

Sr. Executive – Leisure,

M/s. Cox & Kings,

Cox & Kings (I) Pvt. Limited,

No.11, Rangam Ceebros,

Cenotaph Road, Teynampet,

Chennai 600 018.                                      .. Opposite parties.

 

Counsel for Complainant                 :    M/s. V.Yurendrakumar & another         

Counsel for opposite parties          :    M/s.H.S.Mohamed Rafi & other                                 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.10,00,000/- towards mental agony and the loss of happiness  and to refund a sum of Rs.26,000/- for the loss of new contracts and Rs.5,000/- as cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that  the opposite parties  is a travel agency advertised “European Experience ,“European Discovery “ European Splendours.  The complainant  further state that  the opposite parties had advertised about 50% each back for the first tour and 30% for the next two tours.   The complainant made an offer for European Tour for 9 nights and 10 days under European Experience”.   The opposite parties explained about the tour in detail.  The complainant also paid a sum of Rs.20,000/- as advance which is non refundable and another sum of Rs. 17,500/-.   The complainant paid two cheques for a sum of Rs.44,460/-  and Rs.42,259/- by way of letter dated 25.2.2007.  The opposite parties also issued 50% cash back voucher to the complainant also.  After due clearance the 3^rd opposite party contacted the complainant over phone on 13.4.2007 and asked the complainant to pay Rs.26,000/- since the visa was not granted for the co-passenger.  The complainant sent email dated 15. 4.2007 and fax message on 16.4.2007 protesting the payment.   Thereafter the complainant paid a sum of Rs.26,000/- towards the trip on 17.4.2007 and participated in  Tour “European Experience “.   Further the complainant state that  the complainant in total could not enjoy the tour because of the improper arrangements of the tour.   The opposite parties had not provided as shown in the advertisement which caused a great hardship to the complainant.     Hence the complaint is filed.

2.    The brief averments in the Written Version filed by the  opposite parties are   as follows:

      The  opposite parties deny each and every allegations except those that are specifically admitted herein.  The  opposite parties submit that the complainant agreed for “European Experience “ tour for 10 days  twin sharing basis; since sharing person visa rejected only option to pay a sum of Rs.26,000/- by the complainant can avail the tour.  The complainant cannot exemption from the payment a sum of Rs.26,000/- since the visa of co-passenger was negative.   Further the opposite parties state that the complainant duly availed the tour without proper payment.    Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A20 marked.  Proof affidavit of opposite parties not filed and no documents marked on the side of the  opposite parties.

4.   The points for the consideration is: 

1. Whether the complainant is entitled  to refund a sum of Rs.26,000/- for loss new contract as prayed for ?

 

2. Whether the complainant is entitled to pay sum of  Rs.10,00,000/- as mental agony and loss of happiness with cost as prayed for?

 

4.    POINTS 1 & 2 : 

          Heard both sides.  Perused the records (viz)  complaint, written version, proof affidavit  and documents.   Admittedly the opposite parties  is a travel agency advertised “European Experience “ “ European Discovery “ European Splendours.  The complainant  contended that  the opposite parties had advertised about 50% each back for the first tour and 30% for the next two tours.   The complainant made an offer for European Tour for 9 nights and 10 days under European Experience”.   The opposite parties explained about the tour in detail.  The complainant also paid a sum of Rs.20,000/- as advance which is non refundable and another sum of Rs. 17,500/- for documentation.   The complainant paid two cheques for a sum of Rs.44,460/-  and Rs.42,259/- by way of letter dated 25.2.2007.  The opposite parties also issued 50% cash back voucher to the complainant also.  After due clearance the 3^rd opposite party contacted the complainant over phone on 13.4.2007 and asked the complainant to pay Rs.26,000/- since the visa was not granted for the co-passenger for which the co-passenger.  The complainant sent email dated 154.2007 and fax message on 16.4.2007 protesting the payment.   Thereafter the complainant paid a sum of Rs.26,000/- towards the trip on 17.4.2007 and participated in  Tour “European Experience “.  The contention of the complainant is that after admitting and agreeing to refund cash back claiming a sum of Rs.26,000/- on the ground of visa to the co-passenger caused great mental agony which amounts to deficiency in service.

5.     The learned counsel for the opposite parties  contended that the complainant agreed for “European Experience “ tour for 10 days  twin sharing basis; since sharing person visa rejected only option to pay a sum of Rs.26,000/- by the complainant can avail the tour.  The complainant cannot exemption from the payment a sum of Rs.26,000/- since the visa of co-passenger was negative.    The allegation of payment of Rs.26,000/- by the complainant is not proved no receipt of any kind is filed as per E.A9.    Further the contention of the opposite parties is that the complainant duly availed the tour without proper payment and filed this case alleging that there are deficiency in service.    Considering the facts and circumstances of the case this forum is of the considered view that the  complainant  has availed twin sharing basis trip; it is very clear that the visa of co-passenger negative .   The complainant also has not proved the payment of alleged amount of Rs.26,000/-  Therefore the complainant is not entitled for any relief as prayed for in the complaint and the point is answered accordingly. 

            In the result the complaint is dismissed.  No cost

 

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  4^th      day  of  January  2018.  

 

MEMBER-I                                                                      PRESIDENT.

Complainant’s side documents:

Ex.A1- 17.1.2007 - Copy of paper publication.

Ex.A2-  21.1.2007 - Copy of receipt.

Ex.A3- 23.1.2007  - Copy of letter from the opposite party.

Ex.A4- 31.1.2007  - Copy of  receipt.

Ex.A5- 12.2.2007  - Copy of receipt.

Ex.A6- 26.2.2007  - Copy of letter by the 2^nd opp. party.

Ex.A7-               - Copy of 50% cash back voucher.

Ex.A8-                - Copy of 50% cash back voucher.

Ex.A9- 16.4.2007  - Copy of fax message by the complainant.

Ex.A10- 17.4.2007         - Copy of Foreign Exchange receipt.

Ex.A11- 17.4.2007         - Copy of receipt.

Ex.A12-             - Copy of invoice.

Ex.A13-              - Copy of insurance coverage.

Ex.A14-              - Copy of Price Grids issued by the opp. parties.

Ex.A15-              - Copy of hotel bill.

Ex.A16-              - Copy of list of hotels.

Ex.A17-              - Copy of legal notice.

Ex.A18-              - Copy of Ack.

Ex.A19-              - Copy of interim reply

Ex.A20-              - Copy of reply of opp. parties.

 

Opposite parties’ side document: -     ..Nil..

 

 

MEMBER-I                                                                       PRESIDENT.