DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.151/2013
Ms. Neeta Samtani
C-105, Shivalik, Geetanjali Road,
Malviya Nagar, New Delhi- 110017 ….Complainant
Versus
D. Pauls Travel & Tours Ltd.
B-36, Shivalik, Geetanjali Road,
Malviya Nagar, New Delhi- 110017
….Opposite Party
Date of Institution : 26.03.2013
Date of Order : 06 .12.2021
Coram:
Ms. Monika A. Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member – Kiran Kaushal
Brief Facts, as pleaded by the Complainant are :
The Complainant, Ms. Neeta Samtani had booked three tickets for a package tour to Dubai with M/s D. Pauls Travel & Tour Ltd. hereinafter referred to as OP-1. The Air tickets of the said package were booked with Spice jet (OP-2). The package was booked on 14.11.2012 for a trip to Dubai from 24.12.2012 to 28.12.2012. The total cost of package was @ Rs. 40,000/- per person inclusive of everything for three adults namely Ms. Neeta Samtani, Ms. Karuna Samtani and Master Rohan Samtani. The total cost of the package as quoted by OP-1 was Rs.1,20,000/-. An advance of Rs.60,000/- was paid on 14/15.11.2012 @ Rs.20,000 per head.
Complainant got the tickets cancelled as her father got very sick and was admitted in the ICU of MAX Hospital. The decision for cancellation of the tour was communicated to OP vide email dated 08.12.2012 and on 10.12.2012 cancellation was confirmed by OP-1.
It is averred by the Complainant that OP-1 kept changing his stance as regards the refund of the tour package. Meanwhile, Complainant contacted OP-2 and was informed by them that OP-2 had deducted Rs.1,850/- per person for two tickets and Rs.10,000 for third ticket as per the policy between OP-1 and OP-2. Copy of the mail received from OP-2 is attached as annexure-V.
Vide Email dated 29.01.2013 OP-1 provided detailed chart of deductions to the Complainant which is as follows:
Actual cancellation
Total package cost | Rs.1,20,000/- |
Actual deduction as per the agree cancellation policy- 50% of the package cost if cancellation is done during “21 days or less but more than 07 days from the date of travel.” | Rs.60,000/- |
Advance | Rs.60,000/- |
Refund | Nil |
But after waiver
Total package cost | Rs.1,20,000/- |
Advance | Rs.60,000/- |
Actual airlines deduction | Rs.17,400/- |
3 Visa to Dubai | Rs.15,000/- |
Minimum commitment/ retention charges deducted by vendors towards hotel/ transfers/ other local arrangements (which comes to more than the one quoted here) | Rs.21,600/- |
Refund | Rs.6,000/- |
The Complainant dissatisfied with the deductions made on cancellation of her package approached this Forum with the prayers to direct OP-1 to refund Rs.51,000/- alongwith interest @24% after deducting Rs.3,000/- per person for Visa charges and Rs.20,000/- towards litigation alongwith compensation for mental agony and tension.
OP-1 resisted the claim stating inter-alia that package booking of the Complainant was undertaken at the cost and consequences under governing terms including cancellation policy terms. Copy of terms duly signed & acknowledged by Mr. R.K. Samtani was mailed to the Complainant vide annexure OP-1(A). As per the terms and conditions of the package, 50% of the tour cost was to be deducted if cancellation was made between seven days to twenty one days before the date of travel. The total cost of package being Rs.1,20,000/- the cancellation charges accordingly would be Rs.60,000/- that is 50% of the cost, however OP-1 tried to minimize the cancellation amount and wrote to OP-2 regarding the same.
It is next submitted that the cancellation charges for Air tickets cannot be name specific as it was a group ticket under common PNR. It is stated that OP-1 has explained the cancellation charges of OP-2 in its reply to the notice. It is submitted that the cancellation charges of the Air tickets by
OP-2 are as such: First pax cancellation Rs.1,850/-, Second pax cancellation Rs.1,850/-, Third pax cancellation Rs.10,000/- and Fourth pax cancellation Rs.10,000/-, which amounts to Rs.23,700/-. It is stated that as the fourth person was also to be given benefit of low cancellation rate for first two persons cancellation charges of Rs.1,850/- each and next two persons of Rs.10,000/- was charged, it was equally distributed and therefore total of Rs.23,700/- was divided into four pax, which came to Rs.5,925 per pax.
It is further submitted that OP-1 provided the details of deduction to the Complainant and in the interest of the Complainant the cancellation charges were reduced from Rs.60,000/- to Rs.54,000/-. OP-1 has placed on record Exhibit OP-1(C) which is a copy of invoice of Sunny Tours L.L.C. Dubai-UAE showing cancellation charges for Hotel bookings and other services for
AED, 1600 which amounts to Rs.26,432/- but only Rs.21,600/- were quoted to the Complainant while giving break-up. In view of the facts submitted it is prayed that the Complaint be dismissed with heavy cost being frivolous and vexatious.
OP-2 resisted the complaint raising preliminary objection that complaint is not maintainable qua OP-2. OP-2 is neither a necessary nor a proper party. It is submitted that at no point of time, any services were ever provided by OP-2 to the Complainant therefore, no deficiency in any kind of service can be attributed to OP-2. It is next submitted that the queries raised by Complainant from OP-2 had been answered and the Complainant had been provided with the cancellation policy in case of group booking, which the Complainant herself has annexed as annexure-V. It is also stated that OP-2 has already refunded the amount, as per process and as per the contract between OP-1 and OP-2, to OP No.1. It is therefore prayed that the complaint be dismissed being false and frivolous with heavy cost.
Rejoinder to the reply of OP-1 and OP-2 are filed. Evidence by way of affidavit is filed by the Complainant. Evidence of Sh. Raghuvendra Pal Singh, Director OP NO.1 is filed. Written arguments are filed on behalf of the Complainant and OP No.1. Arguments on behalf of the Complainant are heard & material placed on record is perused.
Admittedly a package tour for three people was purchased by the Complainant from OP-1. The total cost of the package was Rs.1,20,000/- and advance of Rs. 60,000/- was paid by the Complainant to OP-1 on 14/15.11.2012. However, due to medical emergency of Complainant’s father Complainant had to cancel the tour and accordingly informed OP-1 of the same on 08.12.2012 vide an email. The main contention between the parties is that of refund of the tour package.
Complainant had taken the policy knowing fully well the governing terms and condition including the cancellation policy of OP-1. The copy of terms and conditions were sent to the Complainant vide email dated 16.11.2012, which shows the signature of Mr. R.K. Samtani representing the Complainant at the time of booking. Same is annexed as annexure OP-1(A) which is not denied by the Complainant. As per the said documents the cancellation charges- 21 days or less but more than seven days is 50% of the total package cost which amounts to Rs.60,000/-. Despite the said fact OP-1 wrote an email to OP-2 to minimize the cancellation amount.
Complainant’s grievance against the Airlines (OP-2) is regarding the refund of the Air fare. The deductions as explained by OP-1 are that the Air tickets were booked under group PNR thus cancellation charges were to be averaged. The tickets were cancelled by the process and policy of OP-2 wherein OP-1 had no role to play. As regards Complainant not asking him to book her tickets under group tickets it is matter of common knowledge that Tour and Travel agencies to earn profit follow such practices so as to save money and pass on the benefit to the Consumer. If one is entitled for the benefits it is presumed that the risk involved in such a cases will also be borne by the Consumer, hence higher cancellation charges. Therefore we don’t find OPs to be deficient in service in this regard.
Complainant has averred that Visa charges @ Rs.5,000/- which OP-1 is deducting per person is on the higher side and should be restricted at Rs.3,000\- per person. Further the Complainant has submitted that it is the general practice that in case of medical emergencies Air lines are making no deductions or maximum deduction of Rs.1,000/- per ticket. No documentary evidence has been adduced in this regard. Bald averments made without any documentary proof has no evidentiary value.
Complainant disputes exhibit OP-1(C) but even if the said document is disputed there is no denying the fact that some amount of commitment or retention charges would be deducted by vendors towards Hotels/ transfers and other local arrangements. Therefore, this Commission is of the view that OP is justified in offering to refund Rs.6,000/- to the Complainant. More so, when the Complainant was informed that the cancellation charges are 50% of the total cost of the package. Accordingly we dismiss the complaint with no orders as to cost.
Let the copy of the order be sent to the parties as per rules and file be consigned to the record room.
