Delhi

New Delhi

CC/669/2015

Yudhistar Lal Khanna - Complainant(s)

Versus

Dewan Holiday Pvt ltd. - Opp.Party(s)

08 Jul 2019

ORDER

 

                                                            CONSUMER DISPUTES REDRESSAL FORUM-VI

                                                           (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                         NEW DELHI-110001

 

 

Case No.C.C./669/2015                                                    Dated:

In the matter of:

1. Sh. Yudhistar Lal Khanna
2. Smt. Indira Khanna W/o Yudhistar Khanna,

                                                                                                              …… Complainants

                                     Versus

 

1. Dewan Holidays Pvt. Ltd.

Through its Managing Director

Surinder Kumar

Regd. Office At:- 1205, Kailash Building,

Kasturba Gandhi Marg, Connaught Place,

New Delhi-110001.

 

2. Ms/ Seema Narang Senior Manager

Tours- outdounds

At:- 1205, Kailash Building,

Kasturba Gandhi Mard, Connaught Place,

New Delhi-110001.

 

3. Mr. Prince Bakshi, Managerm Sales& Marketing

At:- 1205, Kailash Buiding,

Kasturba Gandhi Marg, Connaught Place,

New Delhi-110001                                                                                                  .…….Opposite Parties

 

MEMBER- H.M. VYAS

ORDER

       

The complaint filed under section 12 of the Consumer Protection Act, 1986 alleging that the complainant approached the group tour to Europe and the OP-3 gave the itinerary of the tour “Discovery Tour” wherein it was settled between the parties that whole tour costs (Euro rate on the date of payment) 2079 Euros plus 41990/- INR which was approx. Rs. 2.03lac per person. After payment, the OP arranged 15 days tour starting from 16/06/2015 to 01/07/2015. It was also assured by the OP that all the documentary work relating to Visa, Ticketing, Hotel, Booking, Sight Seeing and Travel Coaches would be done by the OP. The passports were also handed over to the OPs. The complete documents were given to the OP in sealed envelope for submission to M/s VFS International at Nehru Place. After few days the complainant collected all original documents and passport having Visa stamped on it from VFS International office and submitted to OP at its office for further submission of Schengen Visa.

 

The OP-3handed over the passport to the complainant no.-1 on 11/06/2015 after completing Visa formalities on 16/06/2015 at New Delhi, Airport to board the flight to UK. The complainant no.-2 faced harassment as her passport, the visa stamp was bearing different passport number. With great difficulty and without any assistance of OP-1 office the complainant sorted out the issue and boarded the flight.It is also stated that on 18/06/2015the coach arranged by the OP-3 reached late by 1 hour for city tour. The OP had to provide dinner at cruise on 18/06/2015 but OP refused and took complainant to a distantly located restaurant. The complainant had, therefore, to rush and run with their baggage to catch the cruise in time. On 22/06/2015 the group was to leave from Novotel Hotel, Paris to Frankfurt at 9:00am. The coach left with all troop members at 8:55am. So the OP representative took the group to railway station and dropped some of the member for Euro Rail to Zurich. It is also stated that the complainant had paid 80 Euros extra for eight lunches alongwith with other taxes in entire tour but during the whole tour not even a single lunch was provided to the complainants. Further, the complainant were not shown the Tulip Garden inn the Amsterdam as promisedby the OP as it was closed on 15/05/2015. On return, the complainant no.-1 contacted the OP-1 and OP-2 but evasive reply was given avoiding the conversation.

 

Following prayer has been made:-

1. “Direct the OP-1 to pay the damages to the tune of Rs. 10,00,000/- for the deficiencies in services on some occasions, services not provided at all on other occasions, harassments, mental torture and physical exertion cause to the complainants and also direct the OP-1 to pay the legal expenses that have been incurred in the past and shall be incurred till the pendency of the present complaint;
2. Pass such other orders that may be required in the interest of justice.”

 

The OP filed reply after noticed of denied all the allegations regarding Visa and any deficiency in service. It is alleged that the complainant himself was negligent and not careful for the documents relating to visa passport etc while getting the originals from M/s VFS International. The OP was only to assist the complaint for obtaining the Visa. Regarding the incident of 18/06/2015 (i.e.) starting the tour late, it is stated that in one of the room of the passenger in the hotel there was fire broken out due to smoking and burning of carpet, It was due to negligence on the part of passenger which caused delay in starting the tour, so this delay cannot be attributable to the OP. Regarding the incident of 22/06/2015, it is stated that it was the group tour and some of the group member were require to travel by train to Zurich and were left on station which took some time otherwise the tour was well managed. It is also stated that Tulip Garden was not the part of itinerary if referred to and when the  group reached Mini Europe, the same had closed as the member were never punctual and for their deeds and mis-deeds  the OP could not be held liable. Prayer to dismiss the complaint has been made.   

 

The complainant filed rejoinder and evidence. OP also filed its  evidence in affidavit. Both the parties have addressed oral arguments at length.

 

We have considered the material placed before us and the arguments of the parties with the relevant provisions of law. In the facts and circumstances of the case and submissions, we are of the considered view that the OP was partly deficient in service regarding timely and proper provision of lunch. But rest of the issues regarding the Tulip Garden, late starting of tour on 18/06/2015, we are not convinced with the complainant as it was not part of itinerary. The complainant has availed the tour with to and fro journey with facilities provided by the OP. Holding the OP to be partly deficient in service, we direct as under:-

 

1. To pay a sum of Rs. 20,000/- to the complainant.
2. To pay a sum of Rs. 10,000/- as litigation cost and for mental agony, harassment etc. 

The order shall be complied within 30 days of the receipt of the copy of this order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, simple interest at the rate of 9% per annum shall be payable by OP on the awarded amount from the date of this order till recovery of the said amount.

A copy each of this order each be sent to both parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on  08/07/2019.      

 

 

                                                       (ARUN KUMAR ARYA)

                                                                 PRESIDENT

(NIPUR CHANDNA)                                                                             (H M VYAS)

            MEMBER                                                                                        MEMBER