Date of Filing : 30.09.2005
Date of Order : 13.11.2017
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd 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
DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.581/2005
MONDAY THIS 13TH DAY OF NOVEMBER 2017
1. M. Ramani,
S/o. Thiru. Mahalingam,
2. Mrs. Shantha Ramani,
W/o. Mr. M. Ramani,
Both residing at
No.F1, 9/3, Mylai Ranganathan Street,
T.Nagar,
Chennai 600 017. .. Complainant
..Vs..
1. M/s. Cox & Kings (India), Private Limited,
Rep. by Managing Director,
Grindlay Bank Building,
270/272, Dr.D.N.Road,
Mumbai 400 001.
2. M/s. Cox & Kings (India) Private Limited,
Rep. by its Managing Director,
No.11, Rangam Ceebros,
Cenotaph Road,
Teynampet,
Chennai 600 018. .. Opposite parties.
Counsel for Complainant : M/s. M.Shakkira Banu & another
Counsel for opposite parties : M/s. H.S.Mohammed Rafi & others
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.10334/- towards Medi claim insurance and a sum of Rs.8300/- towards expense incurred for alteration of date of arrival and also to pay a sum of Rs.1,00,000/- towards compensation for mental agony and Rs.10,000/- towards cost of the complaint.
- The averment of the complaint in brief are as follows:
The complainants submit that in response to the advertisement regarding European Tour published in Newspaper by the opposite parties, the complainants contacted the 2nd opposite party and entered into an agreement to visit Europe and to stay in London for three months. The opposite parties organized the tour to Europe under the name of “European Discovery”, the complainants paid a sum of Rs.2,60,374/-. The complainants further state that the total payment includes the amount towards the Mediclaim Insurance policy. The opposite parties informed the complainants on 14.5.2004 i.e one day prior to their departure for the above said tour, by the Executives of the opposite parties, to contact the Insurance Company directly for mediclaim insurance. Further the complainants state that the complainants booked their tour on 21.4.2004 for the travel of 15.5.2004 and the arrival date as 29.8.2004. But the return ticket was issued by the opposite parties as earlier for 29.8.2004. The opposite parties also requested the complainants to approach the Air India Office at Landon and to alter the date of return journey for that the complainants were requested to pay a sum of Rs.15,000/- per ticket for change of date of journey. The complainants approached the Air India Office and paid a sum of Rs.8,200/-; equivalent to 50 pounds for altering the date of journey. Further the complainants stated that they returned India on 29.8.2004 after the lapse of so many days and issued notice dated 1.10.2004 claiming the amount. Since the opposite parties has not responded to the notice the complainants were constrained to issue legal notice dated 19.2.2005 for which the opposite party replied with untenable reason. As such the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant. Hence this complaint is filed.
2. The brief averments in Written Version of the opposite parties is as follows:
The opposite parties deny each and every allegations except those that are specifically admitted herein. The opposite parties submit that admittedly the complainants approached the opposite parties and after accepting the terms and conditions of the tour agreement rules and brouchers paid a sum of Rs.2,60,374/-. As per the tour agreement this forum have no jurisdiction to entertain the present complaint. The jurisdiction was agreed to confirm on the courts, forums in Mumbai alone. Further the opposite parties states that the payment of Rs.2,60,374/- included the medical Insurance charges contemplated under the package only for the period of tour and not beyond that. Similarly the complainants wanted to extend their stay at the end of their trip in London but wanted to take an Insurance policy covering entire duration of stay which was for beyond the period of tour and ended on 29.8.2004 for which the opposite parties is not liable. Further the opposite parties also state that the complainants were duly explained that they cannot extend the date of return journey and in the case they were insisted on staying back they should approach the Air line authority at London subject to payment required by the Airline authorities and the availability of the return tickets. Hence there is no deficiency in service on the part of the opposite parties.
3. In order to prove the averments of the complaint, the complainants have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A9 marked. Proof affidavit of opposite parties filed and no documents marked on the side of the opposite parties.
4. The points for the consideration is:
1. Whether the complainants are entitled to a sum of Rs.10,344/- towards Medi claim insurance and a sum of Rs.8300/- towards expenses incurred for alteration of date of arrival as prayed for?
2. Whether the complainants are entitled to a sum of Rs.1,00,000/- as compensation for mental agony with cost as prayed for?
5. POINTS 1 & 2:
Heard both sides. Perused the records (viz) complaint, written version, proof affidavit, document etc. The learned counsel for the complainant contended that in response to the advertisement regarding European Tour published in Newspaper by the opposite parties, the complainants contacted the 2nd opposite party and entered into an agreement to visit Europe and to stay in London for three months. The opposite parties organized the tour to Europe under the name of “European Discovery”, the complainants paid a sum of Rs.2,60,374/- is admitted as per Ex.A1 to Ex.A3. The learned counsel for the complainants further contended that the total payment includes the amount towards the Mediclaim Insurance policy. The opposite parties informed the complainant on 14.5.2004 i.e one day prior to their departure for the above said tour, by their Executive, to contact the Insurance Company directly for mediclaim insurance. The complainants expended a sum of Rs.10,334/- as per Ex.A4. Further the complainants contended that the complainants booked their tour on 21.4.2004 for the travel of 15.5.2004 and the arrival date as 29.8.2004. But the return ticket was issued by the opposite parties as earlier for 29.8.2004. The opposite parties also requested the complainants to approach the Air India Office at Landon and to alter the date of return journey for that the complainants were requested to pay a sum of Rs.15,000/- per ticket for change of date of journey. The complainants approached the Air India Office and paid a sum of Rs.8,200/-; equivalent to 50 pounds for altering the date of journey. Further the complainants contended that they returned to India on 29.8.2004 after a lapse of so many days and issued notice dated 1.10.2004 claiming the amount. Since the opposite parties has not responded to the notice the complainants were constrained to issue legal notice dated 19.2.2005 for which the opposite party replied with untenable reason. Hence the complainants were constrained to file this case claiming amount expended towards mediclaim insurance, alteration of date of journey with compensation.
6. The learned counsel for the opposite parties contended that admittedly the complainants approached the opposite parties and after accepting the terms and conditions of the tour agreement rules and brouchers paid a sum of Rs.2,60,374/-. As per tour agreement this forum have no jurisdiction to entertain the present complaint. The jurisdiction was agreed to confirm on the courts, forums in Mumbai alone. The complainants totally suppressed the said facts and filed this case. But on a careful perusal of all the entire records it is very clear that the complainants paid the amount from Chennai and was accepted by the opposite party having jurisdiction of this forum.
7. The learned counsel for the opposite parties further contended that the payment of Rs.2,60,374/- included the medical Insurance charges contemplated the package only for the period of tour and not beyond that. Similarly the complainants wanted to extend their stay at the end of their trip in London but wanted to take an Insurance policy covering entire duration of stay which was for beyond the period of tour and ended on 29.8.2004 for which the opposite parties is not liable. As per Ex.A3 it is very clear that “other information passenger taking extension from London and coming back after August 29th 2004 “ proves that the complainant availed extension of stay at Landon.
8. Further the learned counsel for the opposite parties contended that the complainants were duly explained that they cannot extend the date of return and in the case they were insisted on staying back they should approach the Air line authority at London subject to payment required by the Airline authorities and the availability of the return tickets. The extension of the return journey was not as per the contract. Under such circumstances the claim of the complainants cannot be granted. Further the contention of the opposite parties is that the claim of the complainants is false imaginary and are exorbitant. Considering the facts and circumstances of the case this forum is of the considered view that the complainants on their own accord availed medical Insurance and extended the date of travel, hence the complainants 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 13th day of November 2017.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 12.4.2004 - Copy of receipt for the tour payment.
Ex.A2- 17.4.2004 - Copy of letter to the complainant from the opp. parties.
Ex.A3- 21.4.2004 - Copy of invoice.
Ex.A4- 21.4.2004 - Copy of bank receipt for a sum of Rs.85,000/- & Rs.30000/
Ex.A5- 3.5.2004 - Copy of bank receipt for Rs.95,374/- & Rs.50,000/-
Ex.A6- 14.5.2004 - Copy of receipts for medic claim
Ex.A7- 1.10.2004 - Copy of letter from the complainants to opp. parties.
Ex.A8- 19.3.2004 - Copy of legal notice.
Ex.A9- 14.7.2005 - Copy of reply notice.
Opposite parties document: - .. Nil..
MEMBER-I MEMBER-II PRESIDENT.
