Chandigarh

DF-II

CC/545/2017

Puneet Kumar Bansal - Complainant(s)

Versus

Kuoni SOTC - Opp.Party(s)

Manu Loona Adv.

12 Nov 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	545 of 2017
Date  of  Institution	:	19.07.2017
Date   of   Decision	:	12.11.2018

 

 

 

 

Puneet Kumar Bansal son of Sh.Darshan Lal Bansal, r/o H.No.1377, Sunny Enclave, Kharar, District Sahibzada Ajit Singh Nagar.

 

             ……..Complainant

 

Versus

 

1]  Kuoni SOTC Regional office, SCO 147-148, Level Ist, above LG Showroom, Sec Near Sindhi Sweets, Madhya Marg, Sector 8-C, Chandigarh through its Manager/Authorised Person.

 

2]  Parneet Kaur c/o Kuoni SOTC Regional office, SCO 147-148, Level 1^st, above LG Showroom, Sec Near Sindhi Sweets, Madhya Marg, Sector 8-C, Chandigarh.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By: Complainant in person.

Sh.Rohit Kapoor, Adv. for OPs

 

PER RAVINDER SINGH, MEMBER

         Briefly stated, the complainant booked a customized tour package of Singapore plus 4 days & 3 nights Cruise Trip with OPs for two persons (complainant & his wife) and deposited entire amount of Rs.1,84,600/-, as demanded (Ann.C-1 to C-4). It is averred that the said tour also include the visit to Jurong Bird Park, Universal Studios and Sentosa Island (which include cable car sky pass for 2 persons, Sea Aquarium for 2 persons and wings of time for 2 persons).  It is also averred that the complainant was handed over the flight tickets as well visa of his wife by the Opposite Parties and the journey started on 30^th Nov., 2016 and ended on 8^th Dec., 2016.

         It is submitted that on the last day of cruise trip, the complainant was informed at the Cruise that he has to pay 17 Singapore Dollar per person per Day extra as Service Charges/Gratuity, whereas this amount was never disclosed by the OPs at the time of booking and the complainant had to pay 102 Singapore Dollar extra (Ann.C-7).  It is also submitted that when the complainant reached Sentosa Island, he came to know that there should be separate two coups for Cable Car Ride, Sea Aquarium and Wings of time, whereas the OPs supplied the two coups for Wings of time and Sea aquarium only and due to non-delivery of pass for Cable Car Ride, the complainant had to spend 126 Singapore Dollars to purchase tickets for Cable Car Ride, which was included in package.  It is further submitted that even the hotel where the complainant was stayed was small in size of 9 feet X 9 feet only, whereas the OPs had promised to provide 3 Star Hotel equivalent to 4 Star Hotels of India.  It is stated that the Opposite Parties had given complainant the 1^st day as free day for shopping etc. whereas the last day should be the free day/shopping day.  Moreover, the tour for Jurong Bird Park was highly ill planner as the complainant was given only 2 hours for the Jurong Bird Park whereas it required at least 5 hours to have a glance of the complete bird park.  Hence, alleging the said act & conduct of the Opposite Parties as gross deficiency in service, this complaint has been filed.

 

2]       The Opposite Parties have filed joint reply and while admitting the factual matrix of the case, stated that the complainant selected the services of the OPs after comparing various product offering of other tour operators and after fully understanding the tour description, terms & conditions.  It is stated that terms & conditions of Star Cruises duly mentions the fact regarding payment of additional charges like gratuity or tips which are not included in the regular fare.  It is also stated that the complainant was fully aware that tipping is customary and would be required to be paid during the tour and is now deliberately showing ignorance.  The payment of 102 Singapore dollars on account of gratuity by the complainant to Star Cruiser is mentioned in the alleged bill/invoice is denied for want of knowledge.  It is stated that the complainant was fully aware that the coupons for Sentosa Island activities would be handed over in Singapore by the supplier at the concerned hotel.  It is also stated that the complainant was duly provided with all the vouchers, which were misplaced or misconstrued by the complainant himself for which he cannot blame the OPs. The complainant has admitted that the tickets of Sea Aquarium were delivered to him, although he overlooked the same.  It is submitted that the complainant has already utilized and enjoyed all the services organized by OPs.  It is also submitted that the complainant was fully aware about the Itinerary and the time available for the visit to Jurong Bird Park and the complainant opted for the same out of his own free will.  It is further submitted that the complainant was always free to opt for some other tour or engage the services of some other tour operator, if the itinerary was not of his liking. Pleading no deficiency in service and denying rest of the allegations, the OPs have prayed for dismissal of the complaint.

 

3]       Complainant also filed rejoinder thereby reiterating the assertions made in the complaint. 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties have also perused the entire record.

 

6]       The complainant has filed the present complaint against the OPs inter-alia on the following grounds:-

 

i)  During their Stay/Tour on Cruise, they have to pay Singapore Dollar 17 per day per person as Service/Gratuity Charges, which were not contemplated as per terms & conditions settled at the time of booking of the tour package. 

In European advanced countries, people dinning in Restaurants/Hotels used to pay tips in appreciation of good services provided by the Waiters/Service Personnel. The service charges are not compulsory in nature, but customary. The service personnel/waiters, as per practice in vogue, in those countries, often ask for such gracious payments from the customers.  People often pay and do not have any grudge in making such payments because they feel pride in offering such token money in lieu of their enjoyment & good food.  If the complainant has made such payment, without any protest thereon, the OPs cannot be held to be liable for this nor they can be penalized. 

 

ii) The Tour for Jurong Bird Park was alleged to have been highly ill planned.  The complainant has grudge that they were given only two hours for Jurong Bird Park, whereas it should have been for at least 5 hours to facilitate complete tour of Jurong Bird Park.

The time factor planned by the Opposite Parties for tour of Jurong Bird Park appears to be suffice to enable any visitor to have a proper glance over the major portion of Jurong Bird Park. The intensity of a person to roam about and watch a particular item or locations varies from person to person.  The programmer cannot afford to fix up an inordinate long duration of time for a particular location, which may cause huge resentment in group members.  In the present case, two hours programme to visit and see Jurong Bird Park seems to be well planned tour. 

 

iii)     The complainant has a grouse regarding size of the room i.e. 9’X9’ in the Hotel where he stayed.

In the terms & conditons regarding the tour package programme, the Opposite Parties nowhere have promised particular size of the room for the Hotel.  It is the ambience of the Hotel concerned, which matters a lot.  The size of 9 feet X 9 feet of the Hotel Room definitely is an ideal size of the room and cannot, at all, be considered below dignity causing any embarrassment to its occupant.  The complainant has not raised any accusation regarding the poor service by the Hotel Staff except the size of hotel room, which is not tenable. 

iv) The complainant alleged to have not received coupons for Cable Car Ride. 

The complainant has conceded to have received coupons for Wings of Time and Sea Aquarium from the Opposite Parties.

The Opposite Parties stated to have provided all the coupons to the complainant.  The Service Voucher issued by Asia Consolidated Dmc Pte. Ltd. placed on record as Ann.C-13 (Page 40 & 41) proves that the complainant was provided the tickets for Cable Car (Skypass)- One Way, Jurong Bird Park, Panoramic City Drive, S.E.A. Aquarium, Universal Studios, Wings of Time. There is probability of overlooking or loss of any voucher for any particular item by the complainant during his transition/stay in Singapore.

 

7]       The complainant has taken a tour package of Singapore with Cruise Ride, for his Honeymoon Trip with his wife.  The complainant might have irritations on petty issues due to his own imaginary-high expectations during his stay abroad.  It depends on the personal satisfaction of a person as to how he took the things in its perspective.  No one can stop a person and get away from negative thinking and finding faults in everything.  There is no answer as to why the Sun rises in the East and sets in the West.  No one has the answer as to why the wind blows cold & hot in different times. No one has the answer why Earth revolves and not static.  The positive attitude of the person matters a lot to see goodness in all adverse circumstances and to adjust himself in a new changed scenario.

8]       The complainant has visited Singapore on a Honeymoon Trip, but unfortunately he finds faults on each step of the tour programme.  This Forum does not foresee any lacuna or shortcoming on the part of OPs in the arrangement of Tour programmer and no case of deficiency in service is made out against them.

 

9]       Keeping in view the peculiar facts, as brought forth, in the present complaint, as discussed in the preceding paragraphs, the complaint being without merit, is hereby dismissed. No order as to costs.

 

        Certified copy of this order be sent to the parties, free of cost. File be consigned to record room.

Announced

12^th November, 2018                                                     Sd/-  

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER