BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.363 of 2014

Date of Instt. 17.10.2014

Date of Decision :26.03.2015

Gurbinder Singh son of Swaran Singh R/o H.No.185, Garden Enclave, Amritsar.

..........Complainant

Versus

1. Kuoni Travels (India) Pvt.Ltd, through its Managing Director/Authorized Person having its office at Mohinder Chambers, 92-93, Rajinder Nagar, Market Near New Court, Jalandhar.

2. SOTC(A Travel Company) through its Managing Director/Authorized Person, having its office at Mohinder Chamber, 92-93, Rajinder Nagar, Market Near New Court, Jalandhar.

3. Sushil Sharma, Branch Incharge, Kuoni SOTC having its office at Mohinder Chambers, 92-93, Rajinder Nagar, Market Near New Court, Jalandhar.

4. Manager Kuoni/SOTC having its office at Mohinder Chambers, 92-93, Rajinder Nagar, Market Near New Court, Jalandhar.

.........Opposite parties

Complaint under section 1 2 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Gurvinder Arora Adv., counsel for complainant.

Sh.Gaurav Aggarwal Adv., counsel for opposite parties.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the opposite parties are engaged in the business of providing tour and travel packages in India as well as abroad. The opposite parties contacted the complainant on 2.11.2012 and made representation to him that they can provide tour package for the complainant and his family for vacations. Opposite parties also made representation to the complainant that they will provide a complete package for travel of the complainant and his wife to USA and it will include to and fro air fare, 5 days stay in hotel at USA. The opposite parties told the complainant to handover the copies of the passports of the complainant and his wife Parminder Kaur and same were provided to the opposite parties. The complainant paid a sum of Rs.1,60,000/- to the opposite parties vide cheque No.044649 dated 2.11.2012 drawn on HDFC Bank, Tarn Taran and receipt was issued by the opposite parties on the letter pad of the opposite party No.2. The opposite parties also made representation to the complainant that they will arrange tourist visa for the complainant and his wife for immigration to USA and schedule departure was fixed in the last week of December 2012. The complainant had planned to visit USA for vacations as he intended to celebrate New Year celebrations with his wife in December 2012. The cheque of Rs.1,60,000/- given by the complainant was duly encashed in favour of the opposite parties travel company(SOTC). The complainant requested number of times thereafter to opposite parties to arrange air tickets and hotel booking and to give the details of the package so as to make arrangements for the complainant and his wife for their tour to USA. The complainant and his wife were very excited since it was their first tour to USA. However, the opposite parties put off the matter on one pretext or the other and did not make any arrangement for the travel of the complainant and his wife to USA. Neither any visa was provided nor any hotel booking was made by the opposite parties for the visit of the complainant and his wife to USA which was tentatively scheduled for the last week of December 2012 as per the representation made by the opposite parties. The complainant and his wife could not go to USA due to deficiency in services and unfair trade practice on the part of the opposite parties. On such like averments, the complainant has prayed for directing the opposite parties to pay compensation of Rs.5 Lacs and further refund of amount of Rs.1,60,000/- alongwith interest.

2. Upon notice opposite parties appeared and filed a written reply pleading that the complainant had booked a USA tour for four members in November 2012, for departure in June 2013 and paid non-refundable booking amount of Rs.40,000/- per person i.e Rs.1,60,000/- for four persons. Complainant had also signed the booking form in this regard. Inspite of several phone calls and reminders complainant neither paid the balance amount nor produced copy of passports of four travelers and valid USA visas required to proceed on the tour. Rather the complainant constantly only referred to his position and kept assuring the opposite parties that he would handover passports with the visas soon. The complainant was also prompted that the 45 day balance payment schedule had elapsed inviting full cancellation charges and yet merely kept promising that he would comply. Finally the complainant and his family were also no shows on the tour. As per the terms and conditions, there is a 100% cancellation for no show and at least Rs.40,000/- per person if cancelled prior to 45 days of departure. Thus the entire nonrefundable booking amount stood cancelled/forfeited. The complainant was never booked on USA tour in December, 2012 as alleged and should be put to strict proof thereof. As per terms and conditions of the booking form singed by the complainant he had paid a nonrefundable booking amount of Rs.40,000/- per person which stood forfeited since all four travelers did not take the tour and were a no-show. Though higher cancellation charges are applicable 100% per person, as requested by the complainant, merely the nonrefundable booking amount was forfeited. Now suddenly the complainant has decided to move this Forum suppressing material facts. The opposite parties stated that SOTC is merely a brand that belongs to Kuoni Travel India (Pvt.) Ltd and not a legal entity. They denied other material averments of the complainant.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 and Ex.C2 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP/1 alongwith copies of document Ex.OP1/A and closed evidence.

5. We have carefully gone through the record and also heard learned counsels for the parties.

6. Counsel for the complainant contended that complainant had booked a tour for USA himself and his wife for the last week of December 2012 and complainant paid a sum of Rs.1,60,000/- to the opposite parties vide cheque dated 2.11.2012. He further contended that opposite parties made representation to the complainant that they will arrange tourist visa for him and his wife for immigration to USA and schedule departure was for last week of December 2012. He further contended that complainant has planned to visit USA for vacations as he intended to celebrate New Year celebrations with his wife in USA but the opposite parties did not make any arrangements for the complainant and his wife for their above said tour. He further contended that complainant and his wife could not go to USA due to deficiency in service on the part of the opposite parties. On the other hand, learned counsel for the opposite parties contended that complainant has booked a tour for USA for four members in November 2012 and departure was in June 2013. He further contended that complainant paid nonrefundable booking amount of Rs.40,000/- per person i.e Rs.1,60,000/- for four members and had also singed booking form in this regard. He further contended that inspite of several phone calls and reminders, the complainant neither paid the balance amount and nor produced copy of passports of four travelers and valid USA visas required to proceed on the tour. He further contended that complainant never booked USA tour in December, 2012 as alleged by him and as per terms and conditions of the booking form, the booking amount paid by the complainant stood forfeited since all the four persons who were to go to USA never reported for departure. He further contended that complainant had also not paid the remaining amount. We have carefully considered the contentions advanced by both the parties. Admittedly, the complainant has paid Rs.1,60,000/- to the opposite parties through cheque dated 2.11.2012 vide receipt Ex.C1. The opposite parties have produced copy of booking form Ex.OP1/A which is singed by the complainant. As per booking form, four person i.e Gurbinder Singh, Parminder Kaur, Jagmeet Singh and Sunmeet Singh were to travel to USA in June 2012. The departure date in the booking form is mentioned as June 2013. So booking form falsify the version of the complainant that he has booked tour for USA alongwith his wife for December 2012 as they wanted to celebrate New year in USA. It was for the complainant to get or arrange tourist visa for going to USA, the opposite parties were only to assist him. It is also in the affidavit Ex.OP/1 of Sh.Mehernosh A Billimoria, Manager Legal of opposite parties travel company that inspite of several phone calls and reminders complainant neither paid the balance amount nor produced copy of passports of four travelers and valid USA visas required to proceed on the tour. It is further in his affidavit that complainant never booked USA tour in December, 2012 as alleged and as per terms and conditions, there is a 100% cancellation for no show and at least Rs.40,000/- per person if cancelled prior to 45 days of departure and the entire nonrefundable booking amount stood forfeited. It appears that complainant has not disclosed the true facts in the complaint as in the booking form name of four persons is mentioned and further departure date is mentioned as June 2013 and whereas according to the complainant he has booked the USA tour for the last week of December 2012 for himself and his wife. The complainant is not a laymen but as pleaded in para 1 of the complaint he is posted as Naib Tehsildar cum Executive Magistrate District Hoshiarpur. So, he must have singed the booking form Ex.OP1/A after going through its contents. The present complaint was filed on 16.10.2014. In case, the complainant had booked tour for USA for the last week of December 2012 then he would not have waited for about one year and ten months to file the present complaint. Further in para 1 of the complaint the complainant has pleaded that he posted as Naib Tehsildar cum Executive Magistrate, District Hoshiarpur. So in case, he had booked tour of USA for the last week of December 2012 in November 2012 then he must have applied for ex-India leave for going to USA as for an employee of the State Government, permission is required from the department for going abroad. Complainant has not shown if he applied for permission for going to USA and leave for that purpose for last week of December 2012. So this fact also tends to falsify the version of the complainant that he has booked tour of USA in November 2012 for the last week of December 2012. He has also not placed on record any letter or notice which might have been sent by him to the opposite parties alleging that he and his wife could not go to USA due to fault of the opposite parties and asking for refund of the booking amount. It is further in the above affidavit that since the complainant and his group were booked to travel to USA of the opposite parties tour on 8.6.2013, the opposite parties had passed on their booking request to all suppliers including airlines, hotel, ground services etc and in fact the opposite parties faced several difficulties as seats blocked for the complainant and his group were not available for the sale by the opposite parties to any other customer and the opposite parties were also liable to applicable cancellation charges leveled by the suppliers like airlines and other since seats and services blocked for the complainant and his group were not utilized. So opposite parties also suffered loss due to non going of group of complainant to USA in June 2013. So in the above circumstances, complainant is not entitled to refund of the booking amount.

7. In view of above discussion, we hold that complainant has failed to prove any deficiency in service on the part of the opposite parties. Consequently, the present complaint is dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

26.03.2015 Member Member President