Order No. 21 dt. 07/09/2017
The case of the complainant in brief is that the complainants in order to travel in the European countries contacted the o.ps. and the date was commenced from 17.7.13 and later on it shifted to 18.7.13. The complainants after coming to know the tour programme paid an initial amount of Rs.82,000/- and subsequently paid Rs.1,02,984/-, in total the complainants paid Rs.1,84,984/-. On 5.7.13 the complainant no.1 met with an accident and he was admitted to Belle Vue Clinic on that date and thereafter he was shifted to Sant Paramanand Hospital, New Delhi. The complainants incurred the expenses of Rs.1,85,630.85 for the treatment. The tour programme was cancelled on 5.7.13 and the said fact was communicated to o.ps. but o.ps. failed to refund the entire amount paid by the complainants for which the complainants filed this case praying for direction upon the o.ps. for refund of the amount of Rs.1,60,984/- after deducting necessary expenses made by o.ps. also prayed for compensation of Rs.2 lakhs and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainants booked with o.p. no.1 a tour for all of Europe departing on 7.7.13 and after reading and understanding the rules and regulations entered into the contract with o.ps. The complainants made non refundable advance amount of Rs.82,000/- towards booking to secure two seats and further paid Rs.1,02,984/- to activate the services which the complainants would have availed on tour after agreeing the terms and conditions of o.ps. The complainants after knowing the terms and conditions of the agreement paid the said amount and thereby after the cancellation of the said tour programme by the complainants the claim made by the complainants cannot be entertained. It was further stated that as per the relevant terms and conditions which inter alia states that the company shall be within its rights to forfeit the non refundable interest free booking amount paid by tour participant along with complete booking form for confirmation of seats on the booked tour and also to recover scale of cancellation charges set out in the brochure. The complainants actually failed to pay the outstanding amount of Rs.2,23,252/- which o.ps. will be entitled to get from the complainants. On the basis of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainants booked with o.ps. for travelling to European countries?
- Whether the complainant no.1 met with an accident for which the tour programme had to be cancelled?
- Whether the said fact was informed to o.ps.?
- Whether there was any deficiency in service or unfair trade practice on the part of o.ps.?
- Whether the complainants will be entitled to get the 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.
Ld. lawyer for the complainant argued that the complainants in order to travel abroad to European countries made contact the o.ps. and the date for tour was initially fixed on 17.7.13, but subsequently it was shifted to 18.7.13. The complainants paid a sum of Rs.1,84,984/-. All on a sudden the complainant no.1 met with an accident and he was admitted to Belle Vue Clinic for treatment and subsequently he was treated to Sant Paramanand Hospital, New Delhi and he was discharged on 10.7.13. The complainants informed the o.ps. on 6.7.13 regarding cancellation of the said tour and requested for refund of the amount paid by them after deducting an amount of Rs.14,000/- which was required for obtaining UK visa. The o.ps. in response to the claim made by the complainants sent a cheque of Rs.19,944/- towards the full and final settlement. The complainants received the said cheque but did not encashed the same. On the basis of the said fact the complainants demanded the amount of Rs.1,60,984/-. Since o.ps. did not comply the request of the complainants, thereby the complainants had to file this case praying for reliefs.
Ld. lawyer for the o.ps. argued that before entering into a contract with o.ps. for the said travel to Europe the complainants were fully informed regarding the terms and conditions of the booking as well as the travel to be arranged by o.ps. All these things were clarified to the complainants. After getting all sorts of information from o.ps. the complainants paid an amount of Rs.1,84,984/-. It was decided that for the entire trip the complainants would have to pay the amount of Rs.4,08,236/-. Instead of paying the said amount the complainants paid a part of the said amount, therefore what was the deficiency on the part of o.ps. It was further emphasized by ld. lawyer for o.ps. that after getting information from the complainants that they cannot avail of the tour and after adjustment of the amount paid by the complainants a cheque of Rs.19,944/- was sent to the complainants. There was no deficiency in service or unfair trade practice on the part of o.ps. and thereby the claim made by the complainants cannot be entertained and the complainants will not be entitled to get any relief as prayed for.
Considering the submissions of the respective parties it is an admitted fact that the complainants are senior citizens aged about 70 years and 65 years respectively. It is also admitted fact that as per the tour programme the complainants were very much eager to attend the said tour programme and for that purpose they paid an advance of Rs.1,84,984/-. It is also found from the materials on record that unfortunately the complainant no.1 met with an accident on 5.7.13. The said fact was intimated to o.ps. The complainants in order to fortify the said claim filed some medical papers showing that because of the said accident met by the complainant no.1 he was treated in Kolkata and subsequently he was shifted to New Delhi and he incurred the expenses more than of Rs.1,90,000/- there. The complainants informed the o.ps. regarding their predicament regarding their non availing of the tour programme immediately after the occurrence of the said accident. Though the complainants informed the said fact regarding the said accident to o.ps. but o.ps. did not take cognigence of the said fact and claimed the further balance amount out of the total amount of Rs.4,08,236/- which was mentioned in the w/v. The complainants at the time of their demand for refund of the money from o.ps. requested for the deduction of the amount of Rs.14,000/- which o.ps. had to bear for the expenses for obtaining UK visa, but o.ps. did not consider the prayer of the complainants. It is also found from the materials on record that o.ps. being big tour organization had their various connections with different airlines, hotels, etc. and even then failed to produce any document that because of non availing of the tour programme by the complainants the services that ought to have provided to the complainants were provided to different tourists whom the o.ps. could have contacted for such facility be provided to them after booking the seats subsequently on the cancellation of the seats by the complainants. No such document has been filed by o.ps. that the seats remained vacant, hotels booking remained vacant, thereby we hold that the complainants informed the said fact to o.ps. beforehand. The claim made by the complainants regarding the balance amount after deducting the amount of Rs.14,000/- was not unjustified. Therefore, we hold that the complainants will be entitled to get the balance amount and for denial of such amount tantamount to deficiency in service on the part of o.ps. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.110/2014 is allowed contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.1,60,984/- (Rupees one lakh sixty thousand nine hundred eighty four) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.
