Tamil Nadu

North Chennai

CC/59/2016

k.Ramachandiran - Complainant(s)

Versus

Kuoni Travals - Opp.Party(s)

V.Rangarajan

22 Mar 2018

ORDER

 

                                                            Complaint presented on:  11.03.2016

                                                                Order pronounced on:  22.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

THURSDAY  THE 22^nd   DAY OF MARCH 2018

 

C.C.NO.59/2016

 

 

K Ramachandirann

Postmaster General (Retired)

Residing at : No.37, Fifth Avenue

Besant Nagar, Chennai 600 090

(Mob: 9444963885)

                                                                                    ….. Complainant

 

..Vs..

1. M/s Kuoni Travels Manager,   95, Ganapatrao Kadam Marg, Lower Parel (W), Mumbai 400 013.   2. The Manager Service South, Kuoni Travels 134, Valluvar Kottam High Road, Nungambakkam, Chennai 600 034. Opposite Parties

 

Date of complaint                                 : 06.05.2016

Counsel for Complainant                   : Mr. V. Rengarajan

                                                               Tmt. P.Mariamma @ Maris

                                                               Mr.P.R. Satyanarayanan

 

Counsel for Opposite Parties               : M/s. Sampathkumar &  Assoociates &                                                                           

                                                                   R.Ramani            

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite parties to refund the deposit amount of Rs.1,00,000/- with 18% interest from 15.11.2014 to till the date of payment and with cost of the complaint  u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant preferred to undertake the 15 days package tour to Europe scheduled in May 2015 by the opposite parties. The complainant booked 2 tickets for him and his wife valued at Rs.1,91,514/- per head and paid an advance of Rs.1,00,000/- by cheque dated 11.11.2014 drawn on SBI, Besant Nagar branch Chennai. The 2^nd opposite party acknowledged the said payment. On the advice of the executive of the opposite parties the complainant opted to “ secure your booking deposit “ scheme which is an insurance cover on cancellation charges and the complainant paid an additional sum of Rs.3000/- through cheque for the said purpose.

          2. The exact date of departure of the finalized tour program was not intimated to the complainant by the opposite parties, though the complainant is ready to take part in the tour. Due to his ill-luck his mother-in-law aged 79 years fell ill due to cardiac problem. She was hospitalized in the Adyar Hospital. The complainant has to take care of her, he cancelled the trip and the same was intimated to the opposite parties by an email dated 23.01.2015 with a request to refund the deposit amount. No acknowledgement received from the opposite parties and hence he sent a remainder email on 29.01.2015. The opposite party replied by email dated 19.02.2015 by one Mr. J. Nandhakumar that all the tour related services were stopped and also informed he can utilize this amount for future travel.

           3.  Subsequently, the complainant informed the opposite parties due to the aforesaid developments, he would be alone undertaking the tour and for which no confirmation from the opposite parties. Once again his mother-in-law fell ill seriously and hence he informed the opposite parties on 11.04.2015 of his inability to join the tour and assured to join next year. The complainant received communication of email on 08.06.2015, informed him that cancellation has happened 20 days prior to departure and the tickets were cancelled with cancellation charge of Rs.60,000/- per person. If the opposite parties informed the position about tour program and the financial implications, he would have made some other arrangements and undertaken the tour.

          4. The opposite parties have now informed by letter dated 26.10.2015 that as the complainant had already availed the “secure Your Booking Amount” (SYBA) scheme for the first cancellation, the complainant is not eligible to use the same for the second tour and therefore the complainant is liable to pay the applicable cancellation charges and that the complainant is not eligible for any refund. The complainant was not at all informed that SYBA scheme could be utilized only once and he cannot seek relief for the second time unless he had opted for the same for a second time. Further, he was also not informed about the first time cancellation. The opposite parties failure to refund the deposit amount is an unfair trade practice and there by committed deficiency in service. Hence the complainant filed his complaint to direct the opposite parties to refund the deposit amount of Rs.1,00,000/- with 18% interest from 15.11.2014 to till the date of payment and with cost of the complaint .   

5. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF

The opposite parties admits that the complainant booked all Europe tour after satisfying all the terms and conditions of the said tour by signing the booking form. The complainant merely paid the non-refundable booking amount and after for the “secure your booking amount” scheme by paying Rs.1,500/- per person offered by the opposite parties. The complainant booked his tour few months prior to the tentative departure date in the month of May 2015. The complainant expressed his inability citing personal reasons and requested to cancel the booking.

6. The opposite parties agreed that the complainant had enrolled and paid for the scheme, he was permitted to avail the benefit. However the complainant specifically instructed the opposite parties to keep the non-refundable booking amount and utilize the same for his future booking with the opposite parties which the opposite parties agreed.

7. The complainant once again expressed their desire to proceed on the tour that was accepted. Barely few weeks prior to the departure date the complainant once again cancelled the tour. Since the scheme was not applicable to his subsequent cancellation request, the applicable cancellation charges were levied as per the booking terms and conditions and agreed and accepted by him. The complainant is liable to pay the applicable cancellation charges and therefore, he is not eligible for any refund whatsoever. The complainant has to pay Rs.20,000/- to the opposite parties towards cancellation charges. Hence the opposite parties have not committed any deficiency in service and pray to dismiss the complaint with costs.

8. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

9. POINT NO :1 

          The admitted facts are that the opposite parties are the tour operators and they have arranged 15 days package tour to Europe scheduled in the month of May 2015 and in the said tour the complainant willing to participate along with his wife and the said tour costs Rs.1,91,514/- per head and the complainant paid a sum of Rs.1,00,000/- by way of cheque to the 2^nd opposite party and the said payment was accepted by him under Ex.A1 acknowledgement and Ex.A2 is the pamphlet containing the details of “ Secure Your Booking Deposit” scheme and for the same the complainant paid another sum of Rs.3,000/- for them and all of a sudden the complainant mother-in-law fell ill due to cardiac arrest and hence the complainant sent Ex.A3 mail dated 23.01.2015 to the opposite parties that he could not undertake the tour and requested to return the deposit amount and he also sent Ex.A4 remainder dated 29.01.2015 to them as there was no reply and there after the complainant received Ex.A5 reply mail from the opposite party that he can utilize the amount for future travel years and they were holding the same and again complainant wrote Ex.A6 dated 11.04.2015 to the opposite parties that due to his mother-in-law ill health conditions he is not joining the tour and again wrote Ex.A7 letter dated 22.04.2015 to the opposite parties that adjust the deposit amount for next year tour or refund the amount.

          10. The complainant would contend that due to his mother-in-law’s ill health he could not undertake the tour and the same was duly informed to the opposite parties and however he wrote Ex.A8 letter to the complainant that the cancellation happened 20 days prior to departure and hence cancellation charge of Rs.60,000/- per person was deducted which is an unfair trade practice and thereby committed deficiency in service and the complainant is entitled for the deposit amount of Rs.1,00,000/- paid by him.

          11. The opposite parties would contend that the complainant is entitled to avail SYBA scheme for first cancellation and accordingly he had availed the same and subsequent cancellation he had not paid the amount to avail the scheme and therefore as per the rules they have cancelled with cancellation of charges of Rs.60,000/- per person and the complainant is still liable to pay the balance cancellation of charges of Rs.20,000/- to them and therefore they have not committed any deficiency in service.

          12. After complainant wrote Ex.A3 letter to the opposite parties informing his inability to join the tour and also Ex.A4 remainder, the opposite parties person Mr.J.Nandhakumar gave Ex.A5 reply that they are going to stop all related tour service from their end with cancellation charges of Rs.1500/- per person  (Rs.3000/- for two persons), also you can utilize the amount for future travel years. Nowhere in that letter, the opposite parties demanded the complainant to make further payment to avail SYBA scheme in case of further cancellations. The opposite parties are the tour operators they only well aware their rules and regulations and having asked the complainant in Ex.A5 to utilize the amount for future travel years, they are bound to inform the complainant to renew the SYBA scheme if necessary. The opposite parties marked booking terms and conditions in Ex.B2.  The terms and conditions are not at all legible and in readable condition. Therefore we are unable to find out which clause of the terms and conditions is applicable and empowers the opposite parties to recover Rs.60,000/- towards cancellation charges per person. Such an illegible copy of Ex.B2 terms and conditions only should have been supplied to the complainant. Therefore from that copy, the complainant should not have read the terms and conditions fully and understood the same as contented by him. Hence, furnishing such illegible and unreadable terms and conditions by the opposite parties itself proves that they have committed deficiency.

13.  Absolutely there is no other material is produced by the opposite parties that they can deduct cancellation charges. The opposite parties stated in Ex.A5 reply that the complainant can utilize this amount for future travel years. We feel that travel years means, it does not restrict for one time only and he can utilize for any number of years. Further the complainant also continuously writing letters Ex.A6 & A7 that he will utilize the deposit amount in future. However, the opposite parties without considering the above said request have deducted the cancellation charges is not sustainable. Further, there is no evidence that when the opposite parties have fixed the tour date and it was communicated to the complainant. In the absence of such evidence the opposite parties deducted the cancellation charges is an unfair trade practice and therefore failure to refund the deposit amount we hold that the opposite parties have committed deficiency in service to the complainant.

14. POINT NO:2

          Admittedly the complainant deposited a sum of Rs.1,00,000/- with the opposite parties and for the said amount the complainant is entitled from the opposite parties and accordingly they can be directed. The opposite parties acknowledged the said amount from the complainant on 11.11.2014 in Ex.A1. The complainant claimed 18% interest from the date of payment which is on higher side. Hence the opposite parties can be ordered to pay 12% interest per annum for the said amount from 11.11.2014 to till the date of this order and also to pay a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 &2 jointly or severally are ordered to refund a sum of Rs.1,00,000/- (Rupees one lakh only) towards the deposit amount with 12% interest per annum from 11.11.2014 to till the date of this order to the Complainant and also to pay  a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said deposit amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 22^nd day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.11.2014	Copy of acknowledgement given by the opposite party for payment of Rs.1,00,000/- by the complainant as advance paid on 11.11.2014 for tour package.
Ex.A2 dated NIL	Pamphlet containing the details of “Secure your Booking Deposit” issued by the opposite parties
Ex.A3 dated 23.01.2015	Copy of e-mail sent by the complainant to the opposite parties by e-mail on 23.01.2015
Ex.A4 dated  29.02.2015	Copy of e-mail reminder sent by the complainant by e-mail on 29.01.2015
Ex.A5 dated 19.02.2015	Copy of e-mail sent by Mr.J.Nanda Kumar from his e-mail ID
Ex.A6 dated 11.04.2015	Copy of letter dated 11.04.2015 sent by the complainant to the opposite party
Ex.A7 dated 22.04.2015	Copy of letter dated 22.04.2015 sent by the complainant to the opposite party
Ex.A8 dated 08.06.2015	Copy of e-mail sent by the opposite party on 08.06.2015
Ex.A9 dated 17.06.2015	Copy of letter dated 17.06.2015 sent by the  complainant to the opposite party
Ex.A10 dated 14.10.2015	Copy of letter dated 26.10.2015 sent by the complainant to the opposite party
Ex.A11 dated 26.10.2015	Copy of reply dated 26.10.2015 received from the opposite party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 23.01.2015                      E-mail from complainant to opposite parties

 

Ex.B2 dated 08.06.2015                       E-mail from opposite parties to complainant

                                                        along with booking form & terms & conditions

 

 

 

 

MEMBER – I                                                               PRESIDENT