Delhi

New Delhi

CC/471/2010

S.K. Kapoor - Complainant(s)

Versus

M/S. Cox & King (India)Ltd. - Opp.Party(s)

29 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/471/10                                      Dated:

In the matter of:

Mr. S.K Kapoor,

R/o 608, Sector21, Gurgaon

……..COMPLAINANT

       

VERSUS

M/s. Cox & Kings (India) Ltd.,

Indra Palace, H-Block,

Connaught Circus, Delhi-01

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

               

The Complainant states the disappointment which, he and his wife, experienced in a tour “Amazing Australia”, booked by them with OP paying total of Rs.1,52,447/- with additional 3999 Australian Dollars. They paid for the tour in March 2009, make all arrangements for group tour leaving on 20.09.09, waited anxiously for the day, made repeated enquiries without succession till four days were left, and did not hear about the visa documents. On the evening of 13.08.09, he was in informed that due to no sufficient no. of passengers, the group could not be operated. The OP, instead offered a customized itinerary for tour departing on 20^th August 2009, stated to have inbuilt all visits originally promised and arrangements, and when only 10 hrs were left, he received a customary itinerary for tour starting on 20^th with visits etc.

They took the flight to Gold Coast visa Singapore. At Singapore, they noticed that the so called customary itinerary was only for first 3 days stay at Gold Coast, and were told to contact Mr. Deepa Shah for onward itinerary. The itinerary disclosed by Deepa Shah, did not include the most fascinating part of original visit of program or scheduled for visits to Lorne, Port Stephen; Great Coastal Drive to the Ocean Road, Port Philip Bay from West Gate Bridge, Bells Beach, Township of Torque and Lorne, Twelve Apostles, Limestone Stacks, hunter Valley, its vineyards tour, delicious lunch and complimentary bottle of wine there, beach and sand dunes, by 4W drive, Dolphin Cruise, Feather Dale Wildlife Park, and OZ Treck Tour etc.

It is alleged that on reaching Sydney, they were greeted by a letter Annexure 10, which informed that ‘Morning Sydney Sights’ was cancelled, for unspecified reasons. The stay without this was frustrating and thus has to spend their own foreign exchange for visiting other landmark place in Sydney.

It is further alleged that at Melbourne, they were lodged in so called 3 star hotel, which was a upgraded night shelter for back pack travelers, though they were promised to 4 star hotels vide Annexure 12, sent with Annexure 11. It is further compelled that visit to Sovereign hills and Ballarat were cancelled and then offered on day of return to India which could not be accepted vide Annexure 13.

With these facts, it is rightly complained by complainant that the cherished tour turned out to be total flop, frustration, and full of agony, tension and with feeling of cheated. The 14 days tour except of 1^st 3 days was only a living exercise and stay there.

 On returning to India, he took up the matter with OP, without any response vide letter Annexure 14, 15 & 16 and thus made this complaint, claiming various sums under different heads of failed tour, totaling to Rs.2,65,512/-.

The OP in its reply has stated that a customized tour was arranged on the request of complainant, due to reasons mentioned in the complaint, and such a tour costs more, with minor charges in location to visited, as it cannot be all same as group tour, and OP provided him this customized tour at same rate, without charging more. The new itinerary is Annexure C, which was accepted by complainant, without any objection but now after avaviling tour he is questioning it mala fide. The OP also pleaded terms & conditions to say that itinerary charges may be amended vide Annexure E. As for hotels, it is stated that OP provided 4 star & 3 star hotels, through there was no guarantee of stay in 4 star hotel, and in customized itinerary, it is not always possible, yet, it provided it. OP explained slight difference in itinerary in reply to Para3-7 of reply. The OP has given long detailed reasons for change of dates of tours.

OP however, as goodwill gesture, is ready to refund the cost of cancellation of ‘Morning Sydney Sights’ part of the tour, though OP was not aware of same as OP did not inform of this earlier. Likewise in reply to Para23 of complaint, OP is ready to refund cost of visit, for cancelled services. In reply to Para 29, the OP admits to the extent that there was a provision in the customized itinerary for a visit to Panorama City tour of Sydney & tour of Sovereign Hills and Ballarat. The OP has expressed willingness to refund the cost of visit to these places, though it has no prior information of this. It states that OP gave a complimentary travel bag.

We have considered the case of both the parties. In such tours some inconvenience, due to change of dates, planning logistic cannot be ruled out as situation arising from time to time dictate the changes. Nor such promises made by tour operators can be weighed in golden scales to pin down to each thing said or offered, and these are to be ignored as part of normal wear and tear of tour.

Yet, we find that OP has shown willingness and has come straight to refund of some failure to visit some places, now brought to notice of OP by complaint, as mentioned above. In our view, giving due regard to explanation and reasons given by OP in explaining the allegations and willingness to compensate the complainants, Sr. Citizens, we award a lump sum compensation of Rs.1.25 lakh towards all shortfall in expectations of complainant from the tour, which otherwise would had been enjoyed more by complainants. We in addition allow Rs.15,000/- for litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 29.10.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER