Haryana

Ambala

CC/210/2013

VARINDER SINGH DHILLON S/O SH SARWAN SINGH - Complainant(s)

Versus

M.D/OFFICE IN CHARGE - Opp.Party(s)

C.L KOHLI

14 Jul 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                          Complaint case no.        : 210 of 2013

                                                          Date of Institution         : 21.08.2013

                                                          Date of decision   : 14.07.2017

 

1. Sh.Varinder Singh Dhillon son of Sh.Sarwan Singh 2.Mrs. Sukhjit Kaur w/o Varinder Singh both residents of 5369, Punjabi Mohalla, Ambala Cantt.

 

……. Complainant.

                                  Versus

 

1. M.D/Office In-charge, Thomas Cook India Limited 324, DR.D.N.Road, Fort Mumbai.
2. Vikram Singh, General Manager, Leisure Travel Thomas Cook India Pvt.         Limited A-208, Super Mart-1, DLF Phase IV, Gurgaon, Haryana.
3. Sh.Birender Singh Branch Manager, Leisure Travel Thomas Cook India Limited SCO 28/29/30 Sector 9D, Madhya Marg Chandigarh.
4. Sh.Abhishek Sharma, Customer Relation Executive Leisure Travel Thomas      Cook India Ltd. SCO 44,45 First Floor Rai Market near Big Bazar, Ambala          Cantt.

….…. opposite parties.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                   

                   MS. ANAMIKA GUPTA, MEMBER       

 

Present:       Sh. C.L.Kohli, counsel for complainant.

                   Sh.Sandeep Sharma, counsel for OPs.

 

ORDER:

                         The facts, in brief, are that the OPs carrying a business under the name of style of Thomas Cook India Ltd.  and the complainants after being allured by the OPs booked a European Extravaganza Tour from 01.06.2013 to 15.06.2013 for 14 days on 13.02.2013 by paying a sum of Rs.80,000/- as booking charges with departure date on 01.06.2013. The booking of the complainants was confirmed vide file bearing No.G130003291.  Two visas were required i.e. UK Visa and Schenegen Visa for the booked tour, therefore, the complainants applied for sanctioning of visa for UK on 26.03.2013 but the same was refused on 17.04.2013. On the assurance of the OPs, the complainant again applied for visa with booking certificate issued by OP No.2 on 29.04.2013 but again the UK authority refused to grant the visa on 10.05.2013 on account of non-supplying of details qua business registration certificate, bank details and tax returns. The complainant could not enjoy the tour in question due to   negligence and incapable service of the OPs.  The relevant terms and conditions of the booking and to refund the booking in case of cancellation of visa is as under:

“However passengers whose visas are not granted by the consulates must intimate us atleast 45 days in advance of the date of commencement/departure of the tour at which time the company will deduct INR 7,000/- per person towards Guidance charges over & above any other actual expenses, if any incurred and refund the balance amount”.

The OP No.3 had refused the visa on 10.05.2013 and immediately thereafter the complainant had intimated about the same to the OPs and requested for refund of the amount but to no avail. The act and conducts of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavits Annexure CX and Annexure CY besides documents Annexure C1 to Annexure C27.

2.                        OPs resisted the claim of the complainants by filing joint reply wherein it has been submitted that complainants had booked a group tour as per their choice and budget. All the terms and conditions including providing of basic assistance qua visa facility as well as levying of cancellation charges as per cancellation schedule in case visa is rejected were duly explained to them before receiving of booking amount. The complainant No.1 after understanding the terms and conditions also affixed his signature thereon.  Relevant term under the heading of cancellation due to visa rejection is as under:

“It is entirely at the discretion of the concerned Consulate/Authorities to grant/reject visa even after submitting all relevant documents and the company will not be held responsible for the same. The company is not at liable for such cases or has any influence on the consulate/embassy’s decision. The role of the company is only to provide necessary guidance to the client for the purpose of applying for visa. The company will not be reasonable for non-issuance of visa due to receipt of incomplete/delayed documents from the clients.”

The complainants were fully aware that visa was not rejected due to fault, incompetence or negligency of the Ops but despite that they have been dragged in this unwarranted litigation. The complainants had not provided the requisite documents with the visa application at VFS centre, therefore, the company and its employees cannot be held responsible for the same.  The complainant had never intimated about the rejection of visa in writing, however, the same was intimated around 20 days before the departure therefore, they are liable to pay Rs.1,00,000/- per person as per terms and conditions of cancellation charges, so, the amount deposited by them has rightly been forfeited. Other contents have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RX and documents Annexure R1 to Annexure R3.

4.                We have gone through the record and heard arguments addressed by the learned Counsel for the parties.

5.                 Fact regarding booking of a Eurpoean Group Tour-Summer 2013 by the complainants on 13.02.2013 with the OPs is not disputed and it is also not disputed that Rs.80,000/- were deposited by the complainants and accepted by the OPs at the time of booking of said tour. It is also not disputed that due to non-granting of visa by the UK authorities the complainants could not avail the tour package.  

                   Learned counsel for the complainant has contended that the Ops had to provide the facility such like airfare, visas and medical insurance besides other facilities but due to incapable service of the OPs, they could not get the visa and have been deprived of from availing the tour for which they had deposited Rs.80,000/- with the OPs.  In support of this contentions he drew the attention of this Forum  towards document Annexure C8.  He further contended that as per terms and conditions of the booking and to refund the booking in case of cancellation of visa is as under:

“However passengers whose visas are not granted by the consulates must intimate us atleast 45 days in advance of the date of commencement/departure of the tour at which time the company will deduct INR 7,000/- per person towards Guidance charges over & above any other actual expenses, if any incurred and refund the balance amount”.

                   The Ops had come with the plea that as per terms and conditions of the policy the complainants were to intimate about rejection of visa within 45 days from the date of booking of the tour but they intimated them on 10.05.2013 and not well in time, therefore, as per terms and conditions, which were duly supplied to the complainants and signed by complainant No.1, the amount of Rs.80,000/- was rightly forfeited and the complainants are not entitled for the refund of the same. It has been further contended by learned counsel for the OPs that the discretion to grant/reject the visa rests on the concerned authorities i.e. Embassy and this procedure is beyond their control, therefore, they cannot be held responsible for this as it was the duty of the complainants to submit requisite documents as per the demand of the concerned authorities but in the present case due to non-submission of requisite documents as mentioned in Annexure C18, the concerned authorities had rejected the visa. 

6.                          No doubt the complainant had intimated the OPs about rejection of the visa and cancellation of tour on 10.05.2013 but when the OPs themselves had issued the booking certificate dated 26.04.2013 (Annexure C15) to the complainants which was to be presented by the complainants before the concerned authorities with the requisite documents for granting of visa then the limit of 45 days was to expire on 10.05.2013 and on this date the complainants intimated the OPs about rejection of visa and cancellation of tour, therefore, the plea taken by the Ops qua forfeiture of the complete amount i.e. Rs.80,000/- by them is wrong and against the principal of natural justice because in the terms and conditions it has been clearly mentioned that if the consulates rejects visa to any passengers then he/she would have to intimate the Ops within 45 days and the company would refund the balance amount after deducting Rs.5000/- per person as Guidance Charges.  All the terms and conditions are applicable to both the parties but in the present case the OPs have forfeited the amount deposited by the complainants as per the condition which suited them despite bothering the interest of their consumers. 

8.                        In view of the above discussion, we are of the opinion that the present complaint deserves to succeed. The same is accordingly allowed with costs and the OPs are directed as under:-

(i)     To pay to the complainants an amount of Rs.70,000/- to the complainants out of the total amount i.e. Rs.80,000/- after deducting Rs.5,000/- per person as per terms and conditions of the OPs alongwith interest @ 9% p.a. from the date of filing of the complaint  till realisation. In case of failure to comply with the order within stipulated period then OPs will liable to pay further interest @ 12% for the default period.

 (ii)    To pay Rs.5,000/- to the complainants as compensation for mental agony and harassment caused to them;

(iii)    To pay Rs.5,000/- to the complainants as compensation for cost of litigation.

This order be complied with by OPs within one month from the date of receipt of its certified copy.  Copies be sent to the parties free of charge. File after due compliance be consigned to record room.

Announced on :14.07.2017                                   (D.N. ARORA)

                                                                                       President

 

    

     (PUSHPENDER KUMAR)

                                                                                            Member

 

 

              (ANAMIKA GUPTA)

                                                                                            Member