DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 433 /2013
Sh. Satish Kumar Bajaj (Senior Citizen
S/o Sh. Yogindra Raj Bajaj 66 years old)
R/o C-94, Sector-51,
Noida, Gautam Budh Nagar,
Pin-201301, U.P. ……Complainant
Versus
1. M/s D Pauls Travels & Tours Ltd.
through its Director
Sh. Raghuvinder Pal Singh
having its office at:
B-36, Shivalik Malviya Nagar,
New Delhi
2. Sh. Raghuvinder Pal Singh, Director
M/s D Pauls Travels & Tours Ltd.
having its office at:
B-36, Shivalik Malviya Nagar,
New Delhi ……Opposite Parties
Date of Institution : 02.08.2013 Date of Order : 03.04.2017
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Sh. N.K. Goel, President
According to the Complainant, he had booked a tour package for himself and his wife for Bangkok with the OPs for a total value of Rs.48,000/- and paid Rs.25,000/- as advance money to the OPs on 17.04.13. It appears that the tour was to be commenced from 23.04.13 to 29.04.13. According to the Complainant he suffered a sudden heart attack on 21.04.13, got admitted in Sir Ganga Ram Hospital in ICU Department, operated on 22.04.13 and discharged from there on 24.04.13 with the advice of the doctors to take complete rest for 15 days. However, in the meantime the OPs had been informed about the sudden ailment and admission of the complainant in the hospital on 22.04.13 at about 11.24 a.m. through email. After the discharge from the hospital, he asked the OPs to postpone their tour package many times but, however, the OPs raised a further demand of Rs.11000/- towards cancellation charges. Correspondences ensued between the Complainant and the OPs and also a notice dated 08.06.13 was sent by the OPs to the Complainant but nothing could be finalized. According to the Complainant, the demand of Rs.36,000/- (Rs.25000 deposited as advance money and Rs.11000/- demanded later on towards cancellation charges) is an act of deficiency in service, mal-practice and unfair trade practice on the part of the OPs. Hence, the complainant has filed the present complaint for issuing directions to the OPs to refund Rs.25,000/- towards the amount deposited and Rs.1 lac towards financial loss and mental pain and agony suffered by him due to non-action and deficiency in service on the part of the OPs and Rs.22,000 towards litigation charges.
OPs in the written statement have admitted about the booking of the tour package by the complainant and his wife and also the fact that the complainant had deposited Rs.25,000/- as advance money with them on 17.04.13. However, it is denied for want of knowledge whether the complainant had suffered any heart attack on 21.04.13 and was admitted in Sir Ganga Ram Hospital. However, the receipt of the email dated 22.04.13 at about 11:24 a.m. from the complainant from the hospital is not denied. It is stated that the OP No.1 at its end processed cancellation without any delay. However, Rs.25000/- had been adjusted against the cancellation charges; that the entire booking had been done at the risks and consequences of the complainant and his wife; that the terms and conditions governing the package tour booking clearly states how the cancellation charges will be levied. It is admitted that the OP No.1 had demanded a sum of Rs.23000/- towards cancellation charges alongwith interest @ 9% p.a. as well as legal notice charges. It is stated that the Complainant is not a consumer and he should have filed a suit for recovery before the Civil Court. Denying deficiency in service on their part, the OPs have prayed for dismissal of the complaint.
Complainant has filed a rejoinder wherein he has reiterated the averments made in the complaint.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Raghuvinder Pal Singh, OP No.2 has been filed in evidence on behalf of the OPs.
Written arguments have been filed on behalf of the parties.
We have heard the complainant in person and the Counsel for OPs and have also carefully gone through the record.
From the medical papers filed on the record it stands proved that the complainant had infact been admitted in Sir Ganga Ram Hospital on 21.04.13 where he underwent angiography and discharged on 24.04.13. Therefore, the complainant and his wife could not undertake the journey to be performed by them on 23.04.13 under medical constraints and even otherwise. Therefore, an unforeseen incident had occurred with the complainant which had forced him and his wife not to undertake the journey and to postpone the same. Request in this regard was also sent to the OPs and the OPs were requested to postpone their programme but to no effect. The OPs initially forfeited the amount of Rs.25000/- deposited by the complainant as advance money on 17.04.13. From the correspondences ensued between the parties copies of which have been filed on the record it stands proved that when the complainant insisted hard and repeatedly asked the OPs to refund the amount of Rs.25000/- to him the OPs slapped him with a legal notice thereby asking him to pay Rs.11,000/- more towards cancellation charges alongwith interest.
Annexure OP/B is the copy of the tour programme in question. It inter-alia provides that if the cancellation is made 05 to 1 day prior to departure 90% of the tour cost shall be deducted. In the present case, the complainant gave intimation to the OPs through email on 22.04.13 about his medical health. However, the complainant did not cancel the programme. It was only after discharge from the hospital that the complainant had asked the OPs to postpone the tour which had already began. Therefore, the question of cancellation thereof could not arise.
It is a matter of common knowledge that the Indian Tour Operators have annual contracts with the airlines, hotels and local tour operators in different countries to provide tour faculties in order to give best possible facilities to their customers and in that process they also enter into agreements with the airlines, hotels and local tour operators in different countries. The Indian Tour Operators pay certain amount of money to the airlines, hotelier and the local tour operators to arrange the flights, stay of the passengers and completion of the local tours. Therefore, if any passenger does not travel on the date fixed for any reason whatsoever, the Indian Tour Operator has to incur some loss. In the present case, it was not the fault of the complainant and his wife. Rather the circumstances has forced them to stay away from undertaking the tour. However, the OPs must have incurred some loss on account of their non- performing the journey. Therefore, in our considered opinion, the OPs were justified in forfeiting the amount of Rs.25000/- deposited by the complainant as advance money. However, at the same time, we are also of the considered opinion that in such an emergent and unforeseen situation the tour operators including the OPs must observe some degree of restraint and should not retaliate in case some particular customer becomes aggressive. In case they do so it is they who will suffer and their reputation may come to a halt. Therefore, in our considered opinion, the OPs were also not justified in sending a legal notice to the Complainant to pay Rs.11000/- more towards cancellation charges alongwith interest. Therefore, we hold that the OPs were also not at all justified in calling upon the complainant to pay Rs.11000/- more towards cancellation charges. Now we hold that neither the complainant nor the OPs are entitled to any amount from each other. We order accordingly. Complaint stands disposed off.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 03.04.17.
