Order-14.

Date-03/05/2016.         

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he boarded a package tour on 18-08-2015 viz. Dubai Durga Puja Special, a tour to Debai for five days and 4 nights.  The tour was scheduled to start from 18-10-2015 complainant paid Rs.2,06,059/- for four persons.  It was mentioned in the tentative itinerary that the complainant, his wife, his two sons would be kept in a good hotel.  On day 2, they will spend the time on DHW Cruise, on Day 3, they will visit the desert.  Day 4 was allotted for city tour and some famous spots and day 5 was fixed for spending leisure at Jumeirah Beach and then they would board the bus for carrying to Airport.  On 15-10-2015 complainant visited the OP’s office for collecting visa, Air ticket and the original itinerary from the OP’s office.  This itinerary states something different.  Day 1 was to reach to Dubai hotel from Dubai Airport, the visitor can visit malls, shops and dine, whenever he likes.  On the other days, there was a reference of optional tours to many cities, delightful, spots from local tour representative for which the OPs have no responsibility.  Complainant requested the OPs to change the itinerary and arrange for sightseeing, but with no result.  The OPs did not arrange for visiting many beautiful spots at Dubai.  Complainant could have cancelled the tour if he would have guessed that the tour package was meant for reaching Dubai, boarding at a hotel and again returning from Dubai.  Complainant had to spend Rs.2,00,000/- for sightseeing including vehicle charges and some other charges.

          Complainant prays for refund of Rs.2,06,059/- at 18 percent interest from 18-10-2015 till realization of the decree.  Complainant also prays for a compensation of Rs.3,00,000/- for financial and business loss and mental pain and agony caused to complainant and his wife and two sons.  Complainant also prays for litigation cost.

          OP, on receipt of the notice on 04-12-2015 and they filed their written version on 18-01-2016 and submitted that the complaint is liable to be dismissed as there is no deficiency in service on the part of the OP when the complainant was provided with the facilities which were explained in the brochure what reveals the facilities which would be given to complainant.  Complainant should have paid extra cost for sightseeing and dinner but that has not been charged so, complainant has to prove that he suffered mental pain and agony and he is deceived by the OPs in manner.

Complainant after meeting with ‘Make My Trip’s representative, was confirmed about the details of the tour.  After returning India, he is making false allegations against the tour party when being satisfied about the brochure, complainant accepted the package but he was sent a tentative, itinerary as per his request to the OP when complainant asked for the itinerary because he wanted to decide what places he shall have to visit but OP in Dubai OP does not ready to admit that complainant spent Rs.2,00,000/- for sightseeing also.

Regarding air travel and hotel, complainant has no allegation complainant has concealed material facts for which complaint is liable to be dismissed.

Decision with Reasons

On proper consideration of the complaint, written version and evidence in chief including the documents it is found that it is admitted fact that the complainant and his family members undertook a tour to Dubai from 18-10-2015 to 22-10-2015.  But complainant did not get all the facilities which he expected from tour operators.  He asked for an initial itinerary for having an idea of the tour.  Complainant reached Dubai on scheduled date.  Regarding flight, he had no objection.  But after reaching Dubai the conditions he had to face was contrary to tour programme as per brochure.  Complainant received a brochure from the tour company in which for five days tour programme which places shall be shown by the OP but all these are not included in the trip, though in the itinerary it is mentioned that complainant could enjoy some trips to desert and other places as per package and no doubt complainant paid that package amount but nothing was included in the package tour, only hotel charge and air fare were included in the amount paid by complainant.  Complainant should have informed clearly that he would not get the facility of sight-seen by paying that package tour but the tour had not been conducted following the itinerary.  The OP with a motive of attracting tourists gives advertisements, but they deceived the tourists when they pay for tour.  It is no doubt a deficient manner of service. 

          No doubt in the present case at the time of advancement of argument Ld. Lawyer for the OP tried to convince that no doubt they did not take any step about sight-seen of package tour, such package tour because of the fact that the sight-seen was not included in the package as booked by the complainant but complainant only for the purpose of grabbing some money.  OP has stated the fact by way of e-mail that was sent by the official of the company and on enquiry of the complainant official of the company sent email and shared a tentative itinerary and not the fixed one.  If the details (sight-seen) were a part of the package his itinerary would have been fixed and not tentative and moreover, extra amount would have been charged by the company in case of sight-seen could have been a part of the package.  So, there was no negligence or deficiency on the part of the OP.

          But in this regard, Ld. Lawyer for the OP submitted that it was a tour programme named Dubai Tour (Durga Puja) Trio Pack and in their advancement it is specifically mentioned that .request you to kindly book and confirm that holiday as per the details given below..  So, it is clear from their advertisement that it is a Durga Puja Holiday Tour at Dubai and at the same time in their detail about tour it is specifically mentioned everywhere tentative flights, tentative itinerary and total package cost is Rs.2,06,959/- and in that detail it is specifically mentioned tentative flight details, name of the persons who shall have to enjoy the said tour tentative itinerary of 5 days etc and practically considering that tour programme complainant deposited the entire amount prior to their arrival and within the date as fixed by the OP.  So, the claim of the OP that sight-seen was not the part of package tour is completely false and fabricated. 

          Considering the argument as advanced by the Ld. Lawyer for the OP and also for the complainant himself who is a lawyer and after considering the tour package it is clear that flight details is tentative and itinerary is also tentative.  Tentative means that in certain uncontrolled situation the itinerary may be changed, flight may be changed but tentative does not mean that there was no fixed programme for any sight-seen rather in their details it is clear that in the tentative itinerary it is specifically mentioned – Day 1 . Arrival in Dubai . Upon arrival in Dubai, complainant and his family members will be transferred to the hotel in a luxury car. Thereafter, Day 2 . Dhow Cruise . Spend the evening cruising the Dubai Creek on a dhow cruise, with music and lights – a signature experience that cannot be missed while in Dubai.   This is a one hour evening cruise that includes dinner on the Dhow itself. Thereafter, Day 3 . Desert Safari with Dinner . Desert Safari and BBQ . complainant and his family member would get picked up from the hotel for the desert safari, a ride over the said dunes followed by a barbeque dinner and belly dance performance in the desert – another Debai essential.  The Desert Safari begins early evening with dune bashing and is followed by barbeque dinner at a traditional Bedouin campsite.  Thereafter, Day 4 . City Tour . Take a half day city tour of Dubai on SIC basis.  Visit the Dubai Museum and stop to take pictures at Burj Al Arab, Jumeirah Mosque, Burj Khalifa and Dubai mall among others. Thereafter, Day 5 . Day at Leisure . Spend the day at complainant’s leisure, take a walk down the Jumeirah beach or discover the Dubai Museum and Sheikh Saeed Al-Makhtoum’s House with entry tickets provided in the package, Departure . Leave for the Dubai Airport in a bus on Seat in Coach basis

          Considered this tentative itinerary it is clear that in that package tour even the entry tickets provided for entry to Dubai Museum, Sheikh Saeed Al-Makhtoum’s house and others.  Fact remains the word tentative is used for the purpose if under any circumstances, itinerary is changed in that case they shall have to travel other places to visit but from their itinerary and the letter of the OP addressed to the complainant on 22-09-2015 it is clear in the said tour package this 5 Days programme for sight-seen etc. was part of the entire package which is proved from that fact. 

          It is specifically mentioned in the day 5 itinerary that entry tickets provided for any entry to Dubai Museum or any other places had been taken at the time of taking package money and it was part of the package tour.  So, considering the said letter the E-mail of the OP it is proved that it was a tour not a contract for only booking the tickets from Dubai to Kolkata and Kolkata to Dubai and also for booking any hotel.  But it is a tour for 5 days starting from 18-10-2015.  So, apparently, it is clear that it was a Durga Puja festival travel tour and as per itinerary complainant paid the entire amount of Rs.2,06,959/- for four persons of his family.  No doubt OP purchased air tickets for their journey Kolkata to Dubai and return journey Dubai to Kolkata and booked hotel but they did not provide the sight-seen even though it was a part package tour and 5 days itinerary was there and though it was noted tentative that does not meant it is not part of the tour but for the sake of the argument if it is accepted that tentative is used for such purpose then why against air ticket it is noted tentative. 

In this context, it is to be mentioned that tentative means the programme may be changed under compelling circumstances, but in the present case it is part of the tour but tentative does not mean that it is not part of the tour programme.  If that is the fact, then we are convinced that the word tentative is used only for protection of the OP on the ground if any untoward incident takes place at Dubai at the time of sight-seen they may change that venue of sight seen but tentative does not meant that it is completely excluded from the tour programme and if it is accepted that tentative means not included in the tour provramme in that case against air flight tentative means no air flight shall be provided but  tentative means that if no untoward incident happens in that case the particular sight shall be shown to the tourists otherwise it shall be changed.

In this context, as example, we are stating one fact that in many advertisement for appointment it is noted tentative vacancies that does not mean that there is no vacancies but that means the vacancies are there but number of vacancies may be increased or may be decreased but that does not mean no vacancy.

          Anyhow, after considering the entire itinerary and the total advertisement for booking the tour it is clear that it was a package tour and it was Durga Puja special tour package from Kolkata to Dubai and four day stay at Dubai and during that period they shall have to provide certain sight-seen to the tourist and in fact, only for that purpose the tourist intended to book the said package and complainant being satisfied as also they shall have to get such service to enjoy the sight-seen on payment of the entire tour package booked for the tour but now, the OP has tried to say that tentative itinerary means no sight seen but such a false defence is taken to prove them innocent as it was the duty to carry the said complainant’s family to Dubai and return them and to place them in a hotel but that is not a fact and such a contract is not called tour because the complainant did not hire the service of the OP only for booking tickets or air ticket and for booking hotel.  If that would be the intention of the complainant in that case there was no question of paying such an amount of package tour because the amount was received by the OP for package tour of 5 days. 

On the contrary, the details of tour was sent by the OP to the complainant wherefrom everything is clear that it was a package tour and total amount was fixed Rs.2,06,959/- complainant paid it and initially booked the said tour by paying Rs.60,000/- for four persons and this package tour was named as Dubai Durga Puja Special and date of travel was fixed on 18-10-2015.  It is also clear that the OP is not an agent of booking air-tickets or booking hotel but OP is a company or establishment for providing services by giving package tour programme for visiting the different places at different countries and the OP’s main advertisement is explore travel, discover inspire destination and no doubt OP is a tour travel conducting company from India to different foreign countries and for that purpose they made advertisement.  Complainant being satisfied about the tour itinerary and Hotel and in this regard OPs took all responsibilities for confirming ticket securing visas for booking air-tickets for booking hotels and also for providing such sight-seen but truth is that sight-seen was not provided by the OP and OP has admitted it.  So, it is clear that as per tour programme or package tour though complainant paid the entire amount that is Rs.2,06,959/- but after arrival at Dubai OP did not provide them to enjoy the sight seen for which complainant ultimately spent huge money to visit different places from their own pocket and it is not doubt an unfair practice on the part of the OP.  No doubt OP violated the terms and condition of the tour package and this contract was made on the basis of the tour programme because it was a Dubai Durga Puja Special Package tour. 

Considering all the above facts and circumstances, we are convinced to hold that OP by appearing before this Forum submitted some false defence and further it is found that complainant has been deceived by the OP and as a travel tour conducting company OP did not discharge their responsibilities and duties and did not provide proper service for enjoying the sight-seen as per itinerary and by that way they have bagged huge money from the complainant but against that complainant did not get such service from the OP for which complainant has proved deficiency, negligence on the part of the OP beyond any manner of doubt and at the same time deceitful manner of trade on the part of the OP is also proved.

Further after arrival at Dubai when complainant failed to get such benefit of sight-seen as per itinerary he suffered from mental pain and agony and in such a situation they realized that they did not hire the service of the OP only for their journey from Kolkata to Dubai and return from Dubai to Kolkata and for booking hotel but booking was made for package tour for 5 days and no doubt the general hiring transport cost etc. at Dubai is very high and it is experienced by this Forum that for 24 hours booking of an AC car is more than Rs.50,000/- and in fact, during stay at Dubai complainant spent huge money for enjoying sight seen when OP did not provide it, so, invariably OP grabbed huge money but did not render proper service for which complainant suffered further financial loss by spending it from his own package for differed places of tour.

Peculiar factor is that in such a manner tour and travel companies like OP deceives the customers in that case it can safely be said that it has become a practice to the OP to deceive the customer in such a manner but as because complainant is a lawyer and he has some guards for which he has appeared and ventilated such an act and deceitful manner of trade on the part of the OP and prayed for redressal.

On overall evaluation of the entire materials and record and further the defence of the OP including their itinerary and contract in between the parties we are convinced that complainant has been able to prove the negligence and deficiency on the part of the OP company and also proved the manner of deceitful trade on the part of the OP and further they have practiced unfair trade practice what complainant and complainant has proved and OP has done the deceitful manner of trade and he deceived the complainant by taking huge money for rendering the sight seen during their tour which was their responsibility and obligation to provide it but they failed to do so.

In view of the above findings complaint succeeds and complainant is entitled to get such relief as prayed for.

          Hence,

Ordered

That the case be and the same is allowed on contest against the OP with a cost of Rs.10,000/-.

          OP is directed to pay Rs.1,00,000/- to the complainant as compensation for causing mental pain and agony and also causing for financial loss during the tour because complainant paid huge money for that for deceitful manner of trade and for OPs unfair trade practice.

          OP is hereby directed to pay the entire decretal amount of Rs.1,10,000/- within one month from the date of this order failing which for non-compliance of the Forum’s order OP has to pay penal damages Rs.5,000/- per month till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.