Delhi

New Delhi

CC/1292/2008

Vidhya Bhushan Bansal - Complainant(s)

Versus

M/S. Kuoni Travel India Pvt.Ltd. - Opp.Party(s)

30 Apr 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

 (DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                            NEW DELHI-110001

 

 

Case No.C.C./1292/2008                                                   Dated:

                         In the matter of:

1. Shri Vidya Bhushan Bansal

S/o Late  Sheri P.L. Bansal

209A, Beverly Park –I,

DLF City, Phase II,

Gurgaon.

 

2. Mrs. Mrudula Bansal

Wife of Sh. Vidhya Bhusan Bansal

209A, Beverly Park-I,

DLF City, Phase-II,

                                Gurgaon.

 

Versus

                   

                        Kuoni Travel (India) Pvt. Ltd.,

                        A Company Incorporated Under The

                        Indian Companies Act.

                        Having its office at

                        56-ALPS Building, First Floor,

                        Janpath, New Delhi-110001                                    …….Opposite Party

 

 

 

H.M. VYAS-MEMBER

ORDER

 

The gist of the complaint is that the complainants booked a Tour known as “Grand Tour of Europe” departing from 17/07/2008 and paid Rs. 14,000/- on 28/01/2008.  The complainant no. 2 paid Rs. 18,000/- to the OP on the same day. The price of the tour was mutually agreed to at Rs. 1,47,000/- for each complainant.

 The O.P. informed the complainant that the tour had been cancelled  and offered alternate tour to be departed on 07.08.2008 and the complainant consented for it.  The same was also cancelled  as the OP informed that there was low M.O.S. (Minimum Participation of Paying Participants)  The OP thereafter, volunteered to take the complainants by “Grand Tour of Europe” on 21.08.2008. Again the  complainants  consented for the said tour on 07.08.2008.  The OP informed the complainants through letter dated 09.08.2008 that the booking of the tour has been rescheduled for 09.09.2008 instead of 21.08.2008.

 The tour departing on 09.09.2008 was only for 15 nights in contrast to the promise made in beginning for the tour departing 17.07.2008 which was for 19 days.  The OP dropped, the Cruise of 3 nights and 4 days as was promised in the earlier tour dated 27.07.2008.  As the OP’s offer was on “ take it or leave it” basis the complainants had no choice and constrained to bow down to the dictates of the OP. The complainant had to alter their plan on each rescheduling.  Cancelling  the promised cruise amounts to unfair trade practice.  It is alleged that the difference  in price is approximately 10,188/- per person charged extra. On demand of the OP, the complainants paid Rs.1,57,188/- upto 03.09.2008. Had the complainants availed cruise facility at their own, the expenses of cruise comes to Rs. 60,545/- per person excluding the cost of meal and accommodation.  Therefore, each of the complainants is entitled to refund of Rs. 60,545/-. The complainants have prayed for the following:-

 

“a) Award damages / compensation of Rs. 1,50,000/- each of the complainant for mental agony, harassment and inconvenience caused to the complainants.

b) Direct the respondent to refund Rs.  60,545/- to each of the complainants being the price of the cruise which was earlier included in the tour bearing tour code no. EUR 257-170708A.

c) Declare the act of the Respondent in arbitrarily and unilaterally canceling the booking of the complainants to be an unfair trade practice and direct the Respondent to desist from carrying on this unfair trade practice.”

 

The OP filed version/ written statement.  It is stated that this Forum does not have the territorial jurisdiction since its registered office on Colaba, Mumbai; the booking conditions clearly stipulate that the courts in Mumbai alone have jurisdiction.  It is also stated that under the terms and conditions of booking tour the OP had right to alter, amend, change or modify the tour package, tour schedule travel plan, itineraries, sightseeing etc.  The terms and conditions also specify that “if the participation is below the minimum prescribed, the Company reserves the right to amend, amalgamate, alter, vary or cancel  a tour without incurring  any liability to pay any compensation. In such a situation, the tour participant shall have option to continue with the tour or holidays as amended or altered or; accept in view of  alternate tour and the company/OP would not be liable to refund or compensate the participant.

It is however, stated that the complainants booked Europe Tour by the name of “Grand Tour of Europe” with the OP and whenever there was rescheduling, proper intimation was given to the complainant. The complainant was at liberty to accept the rescheduled program or not. Thereafter, the complainant had agreed to travel with the new date and the ingredients of new tour were supplied. The complainant after understanding the itinerary accepted the same and utilized it. Itinerary filed by the complainant as conveyed by the OP and annexed from page to 14 to 21, the clear schedule for each day i.e. 15 days has been mentioned. There is no mention of any meditation cruise ride there in however following finds mention:-

“ Certain departures may operate with a reverse itinerary, starting in London and ending at Rome. All services will remain the same.

 Add-on a 3 night

Mediterranean Cruise on board the Louis Cruises

Visit 2 new Countries- Greece and Turkey.

 Spend one night in Athens and explore the land of Acropolis.

Visit Athens, Mykonos, Rhodes and Patmos in Greece and Kusadasi in Turkey.

Enjoy lavish buffet meals & spectacular entertainment on board.”

 Even if it is considered as alleged by the complainant, It does not confirm to the itinerary provide by the OP for 15 days tour as it has been specifically mentioned that “Certain departures may operate with a reverse itinerary”. We therefore of the considered view that the complaint did not substantiate. The allegation of deficiency in service on the part of OP once the complainant accepted the revised schedule and itinerary, no allegation/deficiency beyond the itinerary service could be attributed to the OP.

In view of the above discussions the complaint is dismissed with no orders as to cost.

 

                         Copy of the order may be forwarded to the parties to the case  free of cost as statutorily required. 

                         Announced in open Forum on 30/04/2019.

                        The orders be uploaded on www.confonet.nic.in

                        File be consigned to record room.

 

 

                                                    (ARUN KUMAR ARYA)

                                                             PRESIDENT

 

   (NIPUR CHANDNA)                                                            (HM VYAS)

        MEMBER                                                                          MEMBER