CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)x
New Delhi – 110 016
Case No. 472/2010
BRIGADIER ANIL KUMAR JHA
NATIONAL DEFENCE COLLAGE
6, TEES JANUARY MARG
NEW DELHI-110011
AND
Case No. 473/2010
BRAGADIER CHANDRA PAL SINGH
NATIONAL DEFENCE COLLAGE
6, TEES JANUARY MARG
NEW DELHI-110011
AND
CASE NO. 474/2010
BRAGADIER RANBIR SINGH LATHWAL
NATIONAL DEFENCE COLLAGE
6, TEES JANUARY MARG
NEW DELHI-110011
AND
Case No. 475/2010
AIR COMMODORE SUNIL NANODKAR
NATIONAL DEFENCE COLLAGE
6, TEES JANUARY MARG
NEW DELHI-110011
AND
Case No. 476/2010
BRIGADIER PARMINDER SINGH JAGGI
NATIONAL DEFENCE COLLAGE
R/O 6, TEES JANUARY MARG
NEW DELHI-110011
AND
CASE NO. 477/2010
CAPTAIN (INDIAN NAVY) KOMAL MALIK
NATIONAL DEFENCE COLLAGE
6, TEES JANUARY MARG
NEW DELHI-110011
………. COMPLAINANTS
Vs.
MAJ. S.K YADAV (RETD.)
MANAGING DIRECTOR
MESSRS WANDERLUST TRAVEL PVT. LTD.
G-18/II FLOOR, MASJID MOTH,
GREATER KAILASH-II
NEW DELHI-110048
………….RESPONDENT
Date of Order: 24/08/2018
O R D E R
Ritu Garodia-Member
Vide this order, we shall dispose of aforesaid complaints as common question of law and facts are involved. For the sake of reference facts of case number 472/2010 are detailed as follows:
The complaint pertains to deficiency in service on part of OP in providing travel related services. The complainants are members of National Defence College and were scheduled to visit Laos and Australia on study tour from 9/05/2010 to 21/05/2010. The complainants decided to visit New Zealand and Thailand during holiday period from 22/05/2010 to 30/05/2010. Consequently complainant has engaged the OP for a holiday package.
It is stated that OP was well aware that due to diplomat reason the tour to Australia was cancelled on 4/05/2010 and consequently New Zealand tour also got cancelled. It is stated that OP was informed 15 days in advance i.e. on 7/05/2010 but the complainant did not receive full refund.
It is admitted that there was no written contract between the parties and neither were the complainants informed about cancellation policy. The complainant and his other colleagues were insured by the OP that they will be provided in New Zealand hotels stay at various location, breakfast and dinner, sightseeing, airport transport. In Bangkok, the itinerary included reception, airport transfer, hotel stay from 28/05/2010 to 30/05/2010, two breakfasts, one dinner and one day sightseeing tour for 12 persons.
It is stated that OP was paid 10,600/- per head for air ticket within New Zealand, 940 USD for hotel accommodation and Rs. 4500/- for the tour package in Bangkok. It is further stated that approximately Rs. 1,08,320/- per couple was paid to OP however only Rs. 37,310/- has been refunded by the OP on 25/05/2010.
It is submitted that hotels were booked at a very expensive rate and same was informed to OP vide email dated 29/04/2010. The complainant further alleged that they wanted to return earlier from Bangkok due to law and order situation. However, they were informed that the cancellation will amount to loss of Rs. 1,900/- per head if done 96 hours in advance and thereafter, no refund will be provided. It is further stated that only 75% of the transport /guide/entrance fee had been refunded. It is contended that the even though the tickets were not refundable, airport taxes are refundable.
The complainant has also alleged deficiency in services provided in Bangkok. It is stated that OP was requested to provide transfer vehicle for extra 30 minute before the schedule departure for shopping. The complainant also wanted to revise the schedule for sightseeing and utilised the same transport for shopping. OP refused the same on the ground that sightseeing is planned in State Tourism Bus and was not transferable. The complainant has also disputed the currency exchange rate. The complainant has filed a list of 19 team members along with their spouse, itinerary for New Zealand, letter dated 25/05/2010 for refund, rates of various hotels and legal notice dated 14/06/2010.
OP in its reply has stated that Brigadier C.P Singh along with other officers had approached OP to organise a group tour to New Zealand and Thailand from 22/05/2010 to 30/05/2010. A group package deal was finalised. OP was informed of the cancellation of tour to New Zealand on 7/05/2010. OP only received a refund of Rs. 55% from its vendors with great efforts and a cheque of Rs. 37,310/- was handed over to complainants on 25/05/2010 which was duly accepted as full and final settlement. Cancellation policy, letter and communications from service providers from New Zealand were handed over to Brigadier C.P Singh. It is also submitted that the complainants demanded separate car for shopping which was not included in the package, and extra baggage van was also demanded on 24/05/2010 as luggage had increased due to shopping. OP provided the same as a goodwill gesture. After tour was over and the refund was made to the complainant and his teammate, OP sent a bill of Rs. 34,800/- etc.
It is submitted that the complainants were offered accommodation in Bangkok on twin sharing basis, two breakfast, half day seeing tour, one Indian dinner and airport transport on 24/05/2010.
It is emphasised that the complainant entered into a contract for group package tour. It is reiterated that the air tickets is not refundable. The complainant had demanded substitution of sightseeing tour by shopping tour which was not possible as sightseeing was to be done in big coach. OP has filed letter dated 25/05/2010, details of tour booking in New Zealand along with terms and conditions.
We have considered the pleadings and documents filed by the both the parties. It is admitted by both the parties that the group tour was planned from 22/05/2010 to 30/05/2010 for New Zealand and Thailand. It is further admitted that the complainant cancelled New Zealand tour on 7/05/2010 and requested the OPs to prepone the trip to Thailand. It is admitted that the same was complied by OP. Various emails between the parties have been filed.
Email dated 29/04/2010 shows that the complaints raised queries regarding the charges quoted by OP. OP vide email dated 30/04/2010 had forwarded the mail from the travel agent Mr. David Hogan in New Zealand. The email clearly states that the price have been increased due to reduction in numbers. Money can be saved only by cutting out of the entrance fees.
An amount of Rs. 1,08,320/- had been paid by the complainant. Email dated 22/05/2010 from OP to complainant runs as under.
Dear Sir,
This refers our tele-conversation. I do not understand where is the problem. We are providing you all services as committed in the itinerary which is as below.
- 02 breakfast
- 01 dinner
- Hotel accommodation at hotel President Park ( Chosen by you)
- 01 half day sightseeing and airport transfers on seat in coach basis.
Any other changes that you want in this itinerary can be discussed in a proper manner. All this is only at a cost of Rs. 4500. You can inform our Bangkok agent if you want any change in timing. For any other extra services that you want other than what is mentioned in the itinerary you will need to clear up with the agent directly.
Email dated 23/05/2010 from complainant to OP runs as under:
Dear Anuj,
We required tpt to go to airport as per agreement. There are 10 members with 25 to 30 large baggage items.
I spoke to your local agent to provide veh. She says she can only provide 10 seater van. In addn we will also require a luggage carrier. She says talk to your India Agent.
Email dated 11/05/2010 from jetstar.com to OP runs as under:
Hi Maj. S. K. Yadav
Thank you for your e-mail. The fares that have been booked are Jetsaver fares and are not refundable.
It appears that the trip to Bangkok consisted of hotel accommodation, breakfasts for two days and one dinner and one sightseeing tour along with airport transfer at a cost of Rs. 4500/-. The complainant wanted to interchange their sightseeing tour with shopping tour and demanded private vehicles. OP was unable to do so as it was explained that sightseeing tour was a part of a big coach and cannot be rescheduled.
The complainant has also demanded extra conveyance for transfer of large baggage items. However, none of this was part of the agreement though same was provided by OP has goodwill gesture.
Regarding the cancellation of New Zealand Tour by the entire group OP has sent a refund of Rs. 37,310/-. The breakup is given by letter dated 25/05/2010 as follows under:
Dear Sir,
Please find refund cheque for Rs. 37,310/-
We have received intimation of refund amount as per their deposit & cancellation policy.
The deposits & cancellation policy as received was shown to the group before accepting the cheques.
Every hotel has different cancellation policy but in short less than 21 days cancellation for groups meant a 75% cancellation for most of them except one hotel which has 100% cancellation on room charges.
After major discussions & numerous phone calls we have managed to bring them down to approx 50%.
Your refund amount breakdown is as below.
Total New Zealand tour cost= USD 940 Per Person
Total amount received= USD 800 Per Person
Hotel cost refundable = USD 260 Per Person
Add: Dinner cost refundable- (100%) USD 72 Per Person
Add: Tpt/Guide/Entrance cost refundable-(75%)= USD 78 Per Person
Total refund due : USD 260+ 72+78= USD 410 Per Person
For 02 pax : USD 410 X 02 = USD 820
Total amount refundable in INR
USD 820 X INR 45.50(Today’s Exchange Rate)= INR 37,310/-
Please find enclosed herewith cheque no 897380 dated May 25, 2010 drawn on Indian Overseas Bank, R K Puram, New Delhi for Rs. 37,310/- against full & final refund of New Zealand tour.
Note: Airline ticketing policy is non refundable, However attempts were made in recover some part. Their reply enclosed.
OP has also filed cancellation policy of New Zealand tour operator which shows that cancellation in 21 to 15 days prior to arrival will be refunded by 75% of full booking value. The cancellation policy for hotels in New Zealand shows that it required 21 days notice for group cancellation. Both parties have filed cancellation policy of different Indian hotels with which this complaint is not concerned.
As far as the currency exchange rate is concerned the complainants were free to accept the payment in US dollar instead of getting it converted into Indian rupees.
The series of events from booking the tour to subsequent cancellation and consequential refund shows that OP has gone out the way to help the complainant and was not deficient in any manner. It is the complainant who kept on charging the itinerary and demanded extra service. Complainant was free to choose any travel agent. Complainant raised an objection by email dated 29/04/2010 and OP clarified the cost of tours and other service. It was open to complainant to hire any other travel agency if the prices charged were on the higher side. The complainant after booking and ensuing cancellation and after accepting the encashment of refund cheque for Rs. 37,310/- is barred from disputing the cost of service which were agreed upon by both parties. Hence the complaint is dismissed for reasons mentioned hereinabove.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C SURI) (A.S YADAV)
MEMBER MEMBER PRESIDENT
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