PRESENT
Complainant by Adv.Shri.Shri. Hartalkar present.
Opponent by Adv.Shri.Prakash Kumar present.
ORDER
(Per- Mr. S. D. MADAKE, Hon’ble President.)
1. The complainant stated that after reading advertisement dated 01/02/2000 published in Times of India, he inquired with opponent regarding tour programme. The inquiry was made with representative of M/s.Make My Trip India namely M/s.Maharaja Tours and Travels.
2. The complainant decided to joint trip and paid Rs.15,000/- advance for each namely complainant, his wife and son, out of Rs.74,490/- cash. He paid Rs.1,86,000/- on 06/05/2011. The complainant was informed that ‘visa’ will be obtained by opponent and it is a part of a package. The tour was scheduled during 12 to 18 May,2011.
3. The complainant stated that on 10/05/2011 Majaraja Travels informed him to remain present before Swiss consulate on 11/05/2011 for “visa” for verification of leave granted to complainant by his employer. The visa was not granted on that day, so the tour between 12 to 16 May was required to be cancelled.
4. The complainant was required to pay additional amount of Rs.1,14,000/- for three persons and joined trip during 2nd June to 8th June 2011. He claimed amount of Rs.1,12,363/- which was paid due to cancellation of tour as well as compensation for mental agony to the amount of Rs.1,00,000/-
5. The complainant filed on record advt. published in Times of India, receipts of payment, excess payment receipts, rules of tour etc. in support of claim and also filed affidavit with complaint.
6. The forum admitted complaint on 09/08/2011 and opponent was summoned to file written version, which was filed on 07/12/2012. The substance of the allegations in written version is that, complaint is not maintainable on merit and same is filed on mere conjectures and surmises. There is no deficiency.
7. The opponent submitted that Shree Maharaja Tour and Travel is necessary party but was not been made a party. The issuance of visa is the sole discretion of Embassy. The consumer has not paid any direct consideration to opponent. It is alleged that, tour cost included the visa charges, service charges of tour manager, accommodation etc. The parties agreed to adhere to the terms as per booking. It is stated that all documents were submitted to visa authorities, however for the reason best known to the Embassy people, the visa could not be issued before the stipulated date of departure.
8. The opponent stated in para 13 of W.S. that opponent offered complainant to travel on May 19, 2011 by paying 100% cancellation charges which was not acceptable to him. It is stated that as it was a last moment cancellation the same falls under 100% cancellation but opponent agreed to charge him very nominal amount towards cancellation of Rs.38,000/-per passenger.
9. The opponent stated that complainant despite paying the amount and travelling for the journey, has filed false and frivolous complaint which may be dismissed with costs.
10. The opponent filed on record booking form alongwith forms and conditions of booking and emails exchanged with SMSIA.
11. We have perused the booking form, advertisement receipt of Rs.1,12,363/- and other documents. Hear learned Adv.Mehul Hartalkar at length. The rojnama shows that sufficient opportunity given to opponent for filing written statement and notice was issued by forum to appear and take steps on 01/03/2016.
12. The admitted position is that opponent was under an obligation to give guidance for obtaining visa and the charges were inclusive of visa. The affidavit and written statement of opponent clearly admit the said responsibility. The visa was for a tourist purpose and opponent was under an obligation to ensure all papers are in proper form and in case of any short comings to guide the consumer within sufficiently reasonable time for collecting requisite documents for facilitating the obtaining of visa.
13. On perusal of say, it is evident that opponent has taken casual approach & stated that for the reasons best known to Embassy people the visa could not be issued on time. The opponent as a service provider failed to guide properly in advance for taking suitable steps by complainant and on the last moment he was directed by agent of opponent to attend office of Embassy on 11/05/2011 and the tour was to commence on 12/05/2011. It is pertinent to note that said intimation was given on 10/05/2011.
14. The facts clearly indicate that opponent failed to take reasonable care for obtaining visa. The rejection was on the ground of sanction of leave. Again the opponent’s approach of demanding 100% cancellation charges and thereafter pretending to give concession is an example of unfair trade practice. The total cost of the tour was Rs.2,24,970/-. The complainant was again required to pay Rs.1,12,363.00 which is equivalent to 50% amount of total tour cost.
15. The opponent has not proved that due to cancellation of tour during 12 to 18 May 2011, financial loss was caused to company. There is nothing on record to show that certain amount was deducted from opponent towards cancellation. Therefore, acceptance of Rs.1,12,363/- by opponent from complainant is ‘’unjust enrichment’. The opponent has gained wrongfully by causing wrongful loss to complainant, without his fault.
16. In the result, we are of considered view that, opponent has to refund Rs.1,00,000/- and retain Rs.12,363/- towards fees for service. The fact that complainant was accommodated in subsequent trip requires to be considered and he completed the tour with the assistance of opponent with wife and son. In view of these facts, we are of the view that opponent will not be liable to pay compensation for mental agony. However, the opponent is liable to pay interest at the rate of Rs.9% p.a. from the date of admission of the complaint on the amount of Rs.1,00,000/-. as compensation.
17. In the result, we pass the following order.
ORDER
1. RBT complaint No.360/2011 is partly allowed.
2. M/s.Make My Trip India (Opponent) is ordered to pay Rs.1,00,000/-
(Rupees one lakh only) to complainant with interest at the rate of
Rs.9% p.a. from 08/08/2011 till realization of total amount.
3. No order as to cost.
4. Copy of this order be sent to both parties.
