Tamil Nadu

South Chennai

379/2010

T.Gopalakrishnan & another - Complainant(s)

Versus

M/s. Cox & Kings (India) Limited & another - Opp.Party(s)

T.Kamalakannan

20 Nov 2018

ORDER

                                                                        Date of Filing  : 28.09.2010

                                                                          Date of Order : 20.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.379/2010

DATED THIS TUESDAY THE 20^TH DAY OF NOVEMBER 2018

                                 

1. T. Gopalakrishna,

S/o. Mr. K. Thandavakrishna Rao,

Plot No.65, 7^th Cross Street,

Balaji Nagar,

Kolathur,

Chennai – 600 099.  

 

2. Mrs. Satyavathi,

W/o. Mr. T. Gopalakrishna,

Plot No.65, 7^th Cross Street,

Balaji Nagar,

Kolathur,

Chennai – 600 099.                                                     .. Complainants.                                            

                                                                                               ..Versus..

1. M/s. Cox & Kings (India) Limited,

Rep. by its Manager,

Turner Morrison Building,

No.16, Bank Street,

Fort,

Mumbai – 400 001.

 

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

Rep. by its Manager,

No.10, Karuna Corner,

Spur Tank Road,

Chetpet,

Chennai – 600 031.                                                ..  Opposite parties.

 

Counsel for complainants       :  M/s. T. Kamalakannan & others

Counsel for opposite parties  :  M/s. C.S. Kiran & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.40,000/- being paid as additional charges for the European Experience Tour conducted by the opposite parties and to pay a sum of Rs.2,00,000/- towards compensation for loss, injury and mental agony with cost to the complainants.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that they had proposed for an European Experience Tour on 24.08.2009 and made all payments.  The complainants submit that the visa for travel in Britain was obtained as early as 05.08.2009.    The 2^nd opposite party informed the complainants that they are applying the visa for Schengen, France with the authorities in Puducherry.   On the assurance of the 2^nd opposite party, the complainants booked their onward travel on 20.08.2009 by Train No.4259 from Chennai to Varanasi and on 22.08.2009 by train No.2559 from Varanasi to New Deli to reach New Delhi on 23.08.2009 in order to depart on 24.08.2009 from New Delhi to European Tour.  The complainants also have booked train tickets from Chennai to New Delhi on 21.08.2009 and New Delhi to Chennai on 04.09.2009. The complainants submit that there was no confirmation regarding the visa for travel to France till 18.08.2009 and when the complainants approached the 2^nd opposite party on 18.08.2009, they were informed that visa would be received by them as per the schedule.  However without confirmation of receipt of the visa, the complainants were not inclined to proceed as per the schedule and was compelled to cancel the proposed travel train tickets.  The complainants submit that when they contacted  the 2^nd opposite party’s representative, they were informed that the authorities had issued visa and despatched by VFS Global Services Pvt. Ltd., since 23.08.2009 and 24.08.2009 are holidays, visa could not be received resulting the cancellation of the proposed trip of the complainants on 24.08.2009.   Hence, the opposite parties informed the complainants that they could make suitable arrangement for the trip on 26.08.2009.  On agreeing the trip on 26.08.2009, the complainants has to make an additional payment of Rs.20,000/- each totalling of Rs.40,000/- towards cancellation  of trip on 24.08.2009; which is no fault on the part of the complainants.  The complainants sent notices to the opposite parties seeking refund of Rs.40,000/-.   But the opposite parties has not come forward to settle the demands of the complainants.  Therefore, the act of the opposite parties caused great mental agony.   Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state that this Forum have no jurisdiction to entertain this case as per the tour agreement.  The opposite parties state that the 2^nd opposite party is a Branch Office and is incapable of being sued.  The opposite parties state that the complainants booked European Experience Tour on 31.07.2009 for the departure on 24.08.2009 after accepting the terms and conditions in the booking form.  The opposite parties received visa document from the complainants and the same was submitted for U.K. Visa Office on 03.08.2009.  The 1^st complainant and his wife appeared in person in the U.K. Visa Office on 03.08.2009 and completed the formalities.  The complainants visa was withheld by the embassy for the reason best known to them. Hence, the opposite parties sent an email dated:20.08.2009 requesting to release the passport.  On the repeated requests of the complainants, the opposite parties asked the complainants to visit the embassy office in person.  Thereafter, the opposite parties contacted embassy on 21.08.2009 and requested to keep the office on 22.08.2009 i.e. Saturday.  On 24.08.2009 at about 03.30 p.m., the opposite parties received the passport and informed the complainants that if the complainant wants to travel it will be only on 26.08.2009 and he will be requested to pay 100% cancellation charges as per the terms and conditions of the tour.   The opposite parties state that grant or rejection of visa is not in the control of the opposite parties.  The opposite parties shall not be held liable for such rejection.  Hence, the alleged delay shall not be claimed as deficiency in service.  The opposite parties state that the supplemental charges of Rs.40,000/- (Rs.20,000/- + Rs.20,000/-) is to be  paid by the complainants.   Therefore, there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainants has filed proof affidavit as their evidence and documents Ex.A1 to Ex.A15 are marked.  Proof affidavit of the opposite parties is filed and document Ex.B1 to Ex.B4 are marked on the side of the opposite parties.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.40,000/- paid toward the additional charges as prayed for?

2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for loss towards expenses incurred for purchase of train tickets, cancellation charges and mental agony with cost as prayed for?

5.      On point:-

The written arguments of the complainants filed.  The opposite parties not turned up to advance any oral arguments.  Perused the records namely the complaint, written version, proof affidavits and documents.  Admittedly, the complainants had proposed for an European Experience Tour on 24.08.2009 and made all payments as per Ex.A1, Ex.A2 and Ex.A4, receipts. Further the contention of the complainants is that the visa for travel in Britain was obtained as early as 05.08.2009.    The 2^nd opposite party informed the complainants that they are applying the visa for Schengen, France with the authorities in Puducherry.   On the assurance of the 2^nd opposite party, the complainants booked their onward travel on 20.08.2009 by Train No.4259 from Chennai to Varanasi and on 22.08.2009 by train No.2559 from Varanasi to New Deli to reach New Delhi on 23.08.2009 in order to depart on 24.08.2009 from New Delhi to European Tour.  The complainants also have booked train tickets from Chennai to New Delhi on 21.08.2009 and New Delhi to Chennai on 04.09.2009.  But the complainants has not produced any record to prove such booking or cancellation.  Further the contention of the complainants is that there was no confirmation regarding the visa for travel to France till 18.08.2009 and when the complainants approached the 2^nd opposite party on 18.08.2009, they were informed that visa would be received by them as per the schedule.  However without confirmation of receipt of the visa, the complainants were not inclined to proceed as per the schedule and was compelled to cancel the proposed travel train tickets. 

6.     Further the contention of the complainants is that when they contacted  the 2^nd opposite party’s representative, they were informed that the authorities had issued visa and despatched by VFS Global Services Pvt. Ltd., since 23.08.2009 and 24.08.2009 are holidays, visa could not  be received resulting the cancellation of the proposed trip of the complainants on 24.08.2009.   Hence the opposite parties informed the complainants that they could make suitable arrangement for the trip on 26.08.2009.  On agreeing the trip on 26.08.2009, the complainants has to make an additional payment of Rs.20,000/- each totalling of Rs.40,000/- towards cancellation  of trip on 24.08.2009; which is no fault on the part of the complainants; is not acceptable because the visa has been issued rightly on 22.08.2009 was despatched though VFS Global Services Pvt. Ltd. and since on 23.08.2009 and 24.08.2009 are holidays, the Visa could not be reached to the complainants.  The complainants also have not added VSF Global Services Pvt. Ltd. as a party in this case to find out negligence in service.  Further the contention of the complainants is that the complainants are claiming the said amount of Rs.40,000/- with a compensation of Rs.2,00,000/- and cost.

7.     The contention of the opposite parties is that this Forum have no jurisdiction to entertain this case as per the tour agreement, In Ex.A15 it is very clearly stated that as per the booking terms and conditions they are liable to make the full payment of the tour cost before 45 days from the date of departure.  Since the travel was already within 45 days we were unable to confirm their booking without receiving payments from the end.    Further the contention of the opposite parties is that the 2^nd opposite party is a branch office and is incapable of being sued.  But on a careful perusal of records, all the transaction carried out by the complainants only from Chennai which is within the jurisdiction of this Forum.  Further the contention of the opposite parties is that the complainants booked European Experience Tour on 31.07.2009 for the departure on 24.08.2009 after accepting the terms and conditions in the booking form.  The opposite parties received visa document from the complainants and the same was submitted for U.K. Visa Office on 03.08.2009.  The 1^st complainant and his wife appeared in person in the U.K. Visa Office on 03.08.2009 and completed the formalities.  The complainants’ visa was withheld by the embassy for the reason best known to them.  Hence, the opposite parties issued an email dated:20.08.2009 as per Ex.B4, requested to release the passport.  On the repeated requests of the complainants, the opposite parties asked the complainants to visit the embassy office in person.  Thereafter, the opposite parties contacted embassy on 21.08.2009 and requested to keep the office on 22.08.2009 i.e. Saturday was also denied by the embassy.  On 24.08.2009 at about 03.30 p.m., the opposite parties received the passport and informed the complainants that if the complainants want to travel it will be only on 26.08.2009 and they would be requested to pay 100% cancellation charges as per the terms and conditions of the tour.   

8.     Further the contention of the opposite parties is that the grant or rejection of visa is not in the control of the opposite parties.  The opposite parties shall not be held liable for such rejection.  Hence, the alleged delay shall not be claimed as deficiency in service.  Further the contention of the opposite parties that the supplemental charges of Rs.40,000/- (Rs.20,000/- + Rs.20,000/-) is to be  paid by the complainants.   The complainants also accepted and participated in the tour on 26.08.2009.   Therefore claiming refund of additional charges for European tour is not acceptable.  Further claiming compensation towards expenses incurred for purchasing train ticket and cancellation charges regarding the train tickets without any document is unsustainable.  Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed. 

In the result, this complaint is dismissed.   No costs.        

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANTS’ SIDE DOCUMENTS:

Ex.A1	03.08.2009	Copy of receipt No.03082009qlid  Do cheque No.841149
Ex.A2	10.08.2009	Copy of receipt No.10082009zDHFI cheque No.841151, Amount Rs.1,38,095/-
Ex.A3	18.09.2009	Copy of invoice
Ex.A4	25.08.2009	Copy of receipt No.1775 Cheque No.841156 Rs.40,000/-
Ex.A5	24.08.2009	Copy of Tour program & Hotel list for the period from 24.08.2009 to 03.09.2009
Ex.A6	03.08.2009	Copy of Oriental Insurance Travel Insurance for the period from 24.08.2009 to 03.09.2009 Name of the Insured Gopalakrishna & Sathyavathy (2 Nos.)
Ex.A7	20.08.2009	Copy of Travel port view trip for the complainants
Ex.A8	25.08.2009	Copy of Air Ticket from Delhi to Doha and Doha to London of the complainants
Ex.A9	23.09.2009	Copy of first notice served Chennai Office copy to their Mumbai Office and another copy to the Chairman Rotary Consumer Grievance
Ex.A10	24.10.2009	Copy of reply received from M/s. Cox & Kings for the above notice
Ex.A11	10.12.2009	Copy of second notice served in Mumbai office endorsing a copy to the Chairman, Rotary Consumer Guidance Cell
Ex.A12	08.02.2009	Copy of reminder to their Mumbai office for the second notice endorsing a copy to the Consumer Guidance Cell
Ex.A13	03.03.2010	Copy of reply for M/s. Cox & Kings for the second notice
Ex.A14	08.02.2010	Copy of legal notice served by the Chairman of the Rotary Consumer Guidance Cell
Ex.A15	05.03.2010	Copy of reply received from Cox & Kings to the Chairman, Rotary Consumer Guidance Cell, Chennai.

 

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:-

Ex.B1	24.10.2008	Copy of Power of Attorney in favour of Mr. C. Sriraman
Ex.B2	31.07.2009	Copy of Booking Form and Terms and conditions
Ex.B3		Copy of rules
Ex.B4	20.08.2009	Copy of email sent to French Consulate by the opposite party

 

 

 

MEMBER –I                                                                      PRESIDENT