Order No. 15 dt. 28/08/2017
The facts of the case according to the complainant, in brief, is that complainant, an employee of M/s Coal India Ltd was due to retire on 31.05.2014 and decided to avail of long live travel concession ( LLTC ) from his employer and visited a travel agency office running in the name of M/s Fly High Holidays at 46/31/1 Gariahat Road , Kolkata ( O P ) for the purpose of agreeing with a suitable package tour outside India accompanying his wife & 9 year old son. One such package tour to Bangkok, Phuket &Pataya for six nights and seven days during 20.05.2014 to 28.05.2014 was accepted by the complainant with payment of Rs 1,41,924/- including insurance premium of Rs3324/-complainant had to start on 19.05.2014 at 08.45 pm from Kolkata by Indigo Airlines. But the agency provided air tickets dated 19.06.2014 in place of 19.05.2014 for onward journey for the tour during 20.05.2014 to 28.05.2014. Complainant had left Ranchi and arrived at the airport on 19.05.2014 at 4pm to catch the flight to be departed at 08.45pm and faced the checking personnel of the Kolkata Airport who disallowed their entry for carrying ticket of later date. Complainant immediately asked the op to sort out the problem but his approach to the op was in vain. Therefore, the complainant had to suffer a lot for the awkward situation faced by his family who were under obligation to return back to Ranchi. Later on, op arranged revised tour programme for 25.05.14 to 28.05.14 for Bangkok & Phuket and no refund had been given against the failed tour for20.05.14 to 28.05.14. But unfortunately, complainant could not undertake the tour for political turmoil in Thailand which already prevailed therein as it was evident from the leading newspaper and complainant requested the op to cancel the tour on 23.05.14 over phone and by sending an e-mail with the request to refund the money after adjusting reasonable amount. On 28.05.14 complainant issued a letter of ultimatum for refunding the returnable amount within 15 days otherwise complainant would compel to lodge complaint at the appropriate court of law. However, complainant visited the office of op on 04.06.14 and op informed that an amount of Rs66,397/-was due to be refundable, which would be received on cancellation Air tickets for 25.05.14 & 30.05.14 from Indigo Air lines . For the said journey complainant paid Rs70,000/- for exchange of Hong Kong Currency for food ,incidental expense and marketing which was later re-exchanged by the complainant himself. Being aggrieved with the deficiency in service on the part of the op complainant lodged this complaint seeking direction to return Rs1,41,924/- minus cancellation charge of Air tickets, minus visa charges of Rs6000/- with interest @14% p.a.and compensation Rs 58,750/- for harassment & mental agony and litigation cost as to be derived by the forum.
OP contested the case by filing w/v and denied the allegations leveled against them. Ld lawyer of the op argued that the o.p. by mistake issued the tickets for the date of journey on 19th June, 2014 instead of 19th May, 2014 though the o.p. handed over the documents relating to the trip long time back to the complainant through a sealed envelope which had been overlooked by the complainant. The complainant intentionally intimatedthe mistake of the o.p. at the eleventh hour when the arrangement of new tickets were impossible for the o.p. In fact for the demand of reschedule of the trip by the complainant, the o.p. is bound to arrange another tour without any money as the o.p. by mistake issued the tickets for the date of journey on 19th June, 2014 instead of 19th May, 2014 and arranging the Hotel and others amenities for the comfort of the complainant and his family members.The calculation for getting financial compensation is fully frivolous and arbitrary. Complainant falsely claimed the said amount from the o.p. Accordingly the o.p. prayed for dismissal of the case with cost.
Ld lawyer of the complainant argued that complainant demanded to return his deposited amount already received by the o.ps., but the o.p. insisted the complainant for revised trip and arrange a tour to Bangkok and Pataya for 4 days& 3 nights, commencing from 25.05.2014 for the tour programme from 26.05.2014 to 30.05.2014 and the o.p. also booked the air ticket of Indigo Airlines bearing trip ID 140 519 102 74 for Rs.66,397/-. Again the mistake also committed by the o.p. since departure time of Indigo Airlines from Bangkok Airport was scheduled at early morning at 01.10 AM on 30.05.2014 but no accommodation in hotel was made for staying on 29.05.2014, Indigo Airlines Ticket bearing Trip ID 14051910274.
On 23.05.2014 the complainant came to know from the Television News Channels that there had been military coup in Thailand and curfew had been imposed according tothe daily newspaper on 23.05.2014 in the Times of India, the Telegraph. In view of such position, complainant was having no other alternative but compelled to cancel the trip. The entire fact has duly been intimated to the o.p. over phone as well as by email dated 23.05.2014 stating therein that under the prevailing critical situation at Thailand, complainant should be compelled to cancel the travel programme for the period on and from 26.05.2014 to 30.05.2014 and the o.p. confirmed that they have cancelled the entire programmeas well as the Air Ticket etc.
On the basis of the pleadings of parties the following points are to be decided:
1 Whether there was any deficiency in service on the part of the o.p.;
2 Whether the complainant will be entitled to get relief as prayed for.
Decision with reasons
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submission of both the parties and the evidence on affidavit it is evident that op arranged revised tour programme for 25.05.14 to 28.05.14 for Bangkok & Phuket and no refund had been given against the failed tour for20.05.14 to 28.05.14. On 23.05.2014 the complainant came to know from the Television News Channels that there had been military coup in Thailand and curfew had been imposed according to the daily newspaper on 23.05.2014 in the Times of India, the Telegraph. In view of such position, complainant had compelled to cancel the trip and accordingly informed over phone and also by sending an e-mail with the request to refund the money due to him. Op, in turn, informed the complainant that an amount of Rs66,397/-was due to be refundable, which would be received on cancellation Air tickets for 25.05.14 & 30.05.14 from Indigo Air lines .
It is evident that in the1st tour complainant had lost the LLTC benefit of Rs78574/-and in the 2nd tour complainant had to bear losses of Rs75527/-due to cancellation of tickets. It is also evident that op had insisted the complainant to undertake the revised tour by which op wanted to utilize the facilities already created against the un-availed previous tour as the 2nd tour was within the period of the 1st tour.
O.p. contended against the cancellation decision of the complainant by enclosing net copy of News information with evidence in affidavit submitted by the op about the then political situation of Bangkok during 2013-14 Thai political crisis wherein the casualties of death and injuries were 28 nos. and 825 nos. respectively as on May16, 2014. In this upheaval political scenario o.p. invited the complainant to undertake the 1st tour for20.05.14 to 28.05.14 and after cancellation of 1st tour, the o.p. tour company again insisted the complainant to undertake 2nd tour during 25.05.14 to 28.05.14. Rather, complainant may be advised by the op to avail tour programme in any other country other than in Thailand. O.p. did not do so.
O.p. neither disclose the terms and conditions of the cancellation, if any, nor provided any information regarding any precaution/ untoward incidence during journey in foreign country through air. Op handed over the ticket in sealed packet but on which date the sealed packet was handed over was not mentioned specifically. However, in reply complainant stated that he received it on 18.05.14 in the evening; one day ahead ie on 19.0514when complainant was extremely busy with preparation. On this clause op demanded intimation of cancellation of ticket at least before seven days, a diametrically opposite stand by the op.The complainant, consequently, have suffered mental agony, embarrassment, harassment and financial loss.due to the mistake in purchasing tickets/omission to apprise political situation in Bangkok/untimely handing over the tickets/suppression of material fact by the o.p in various occasions noted above.
Hence, there was gross deficiency in service on the part of o.p. and the complainant will be entitled to get the relief .Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.517/2014 is allowed on contest with cost against the o.p. The o.p. is directed to refund the complainant a sum of Rs 66,397/- ( Rupees sixty-six thousand three hundred ninety-seven ) only along with compensation of Rs.50,000/- (Rupees Fifty thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- (Rupees Four thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
