DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.339/15
Mr. Sumit Singhal
S/o Shri Vidya Ratan Singhal
House No. 20, Ward-7
Ballabhgarh, Haryana. .…Complainant
VERSUS
D. Pauls Travel & Tours Ltd.
Represented by its Managing Director
B-36 and B-50 Shivalik
Malviya Nagar
New Delhi-110017.
M/s Kuoni Travel India Pvt. Ltd.
Represented by its Managing Director
Kuoni House, NF Road, Colaba
Mumbai-400005
Maharashtra. ….Opposite Parties
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution: 22.12.2015
Date of Order :25.04.2023
Member: Shri U.K.Tyagi
Complainant has requested to pass an award directing M/s D. Pauls Travel & Tours Ltd. & M/s Kuoni Travels India Pvt. Ltd. (hereinafter referred to as OP-1 & OP-2) to make payment of Rs. 220,000/- alongwith interest @ 18% p.a. to be reckoned from 06.07.2015 till the payment is made and cost and incidental expenses to these proceedings etc.
Brief facts of the case are as under:-
The Complainant decided to book an eight night/nine days trip to Europe titled “Wonders of Europe” after having negotiation with OP. The cost of package was Rs.1,23,000/- per person and Rs.54,000/- for infant. The total cost of package came to Rs.3,00,000/- (2+1). The Complainant made the initial payment of Rs. 60,000/- vide cheque No. 308606 dated 13.06.15. Thereafter another amount of Rs.1,05,000/- was made vide cheque No. 308609 dated 20.06.2015. The true copies of receipts dated 13.06.2015 & 20.06.2015 are annexed as Annexure-P-2. VISA Application for Italian Embassy through OP-1 was submitted but the same was rejected. The Complainant maintained that Rs.12,000/- for re-apply of VISA was made. The Italian Embassy again rejected the VISA application. The complainant requested the OP-1 to cancel the trip on 06.07.2015. The complainant visited the office of OP-1 to discuss the modalities of refund. The Complainant wished to visit the office again to resolve the pending refund but OP warned against such visit which could be considered as trespass and breach of peace. Such an e-mail of OP is totally unwarranted and tantamount to deficiency in service. The true copy of e-mail is annexed at Annexure-P-3 (Colly). The Complainant again requested for refund after having deduction of VISA fees and insurance charges on 15.07.2015. The OP sent an e-mail stating that on cancellation of trip, Rs.75,000/- shall be deducted. The cancellation charges of Rs. 20,000/- per person is too high against the actual charges of VISA fee i.e. Rs. 4,300/- per person. The true copy indicating VISA fee is enclosed as Annexure-P-4 (Colly).
It was argued by complainant that OP-1 on 27.07.2015 vide his e-mail stated that the instant package was taken through Kuoni Travel i.e. OP-2. The complainant maintained that it is leading travel company. It was further stated that OP-1 was helpless in making any refund the OP-1 failed to refund the balance amount of Rs. 1,40,000/- after deducting the Rs.25,000/- for VISA and insurance charges. The complainant is entitled to a sum of Rs. 1,40,000/- + Rs. 50,000/- towards compensation + Rs. 20,000/- towards hardship etc. and Rs.10,000/- as cost of these proceedings.
OP-1, on the other hand, filed its reply stating interalia preliminary objections that the Complainant had given incorrect facts and has filed frivolous complaint with malafide intention. Cancellation charges are levied to safeguard one from loss of opportunity to serve other customers due to present engagement. The Complainant on his own admission is principal consumer of OP-2. OP-1 is just a facilitator. Except as hereinafter specifically admitted, the OP-1 denies each and every averment contained in the complaint. After the rejection of VISA on 26.06.2015 and 03.07.2015, the complainant wanted to apply on his own. Subsequent to that SMS vide phone No. 9811351353-“Hence my VISA got rejected so please refund the balance amount”. It reflects that even on 3rd occasion, VISA was not granted as maintained by OP-1. OP-1 also challenged the reply received by complainant from OP-2. The same is not correct as it was not issued by competent person of OP-2.
Both the parties filed written submissions and evidence in affidavits. Written Statement is on record so is rejoinder, oral arguments were heard & concluded.
This Commission has gone into the entire gamut of issues. Due consideration was given to the arguments. As has been stated above, the trip in question was cancelled due to rejection of VISA by the Italian Embassy. As a result of which, there was no option before the complainant. Therefore, he requested OP-1 to cancel the trip. On cancellation of the said trip, the complainant requested for refund. He further contended that the OP-1 should refund the amount of Rs.1,40,000/- after deducting the amount of Rs.25,000/-. The main grievance of complainant boils down to the refund of the amount. On the other hand, OP-1 insisted upon the cancellation charges as per terms & conditions in case of rejection of VISA which goes as under:-
“If VISA got rejected for any reason, minimum INR 20,000/- per person will be deducted towards processing from your amount before 31 days of Travel, if VISA rejection within 30 days.”
It is also noted that the complainant deposited total sum of Rs. 1,65,000/-. The complainant further contended that after deducting the VISA fees of Rs.18,000/-, the balance amount comes to around Rs.1,47,000/- which requires to be refunded. On the contrary, the OP-1 insisted on adherence of the terms & condition as mentioned above. OP-1 wanted to deduct the Rs. 20,000/- per person on cancellation of trip. As such, approx. Rs. 50,000/-(2+1) is required to be adjusted against cancellation charges. The Counsel for OP-1 also advanced the copy of case of Bharati Knitting Co. Vs. DHL World Wide Express Courier wherein the Hon’ble Supreme Court maintained that “In case of acute dispute of facts State/National Commission should not go behind terms & conditions and should instead refer the parties to Civil Court.”
The Facts of instant case are different from those of above mentioned case.
After considering the facts and circumstances in the case, this Commission is of the considered view that the OP-1 is short of obligation to some extent and is directed to refund the amount of Rs.1,15,000/- (1,65,000/- - 50,000/-) alongwith interest @ 6% p.a. from the date of institution of the case in this Forum within 3 months from the date of receipt of order failing which the rate of interest shall be levied @ 7% p.a. till its realization. The other requests as mentioned in prayer are rejected.
File be consigned to the record room after giving copy of the order to the parties as per rules.
