Delhi

New Delhi

CC/514/2013

Dr. Manish Agarwal & Anr. - Complainant(s)

Versus

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

12 Dec 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 514/2013                                                                      Dated:

In the matter of:                                                                                        

1. Dr. Manish Agarwal,
2. Dr. Shehla Agarwal,
3. Ms. Mehak Agarwal,

All three residents of :

C-4/63, Safdarjung Development Area,

New Delhi

4.          Dr. Yamini Gupta

R/o B-1/34, Azad Apartment

Aurobindo Marg,

New Delhi

5.         Dr. S.P. Agarwal
6.          Mrs. Indu Agarwal,

Both residents of:

5, Chanchani Colony

Dhanbad

Jharkhand

                                                                                …......COMPLAINANT

 

 

VERSUS

 

SOTC Kuoni Travel (India) Pvt. Ltd.

Malhotra Building,

F-29, Ground Floor, Opp. Gate no.6

Palika Bazar, Connaught Place,

New Delhi-110001                                               .......OPPOSITE PARTY

 

 

 

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

         Initially the complainant was filed before Hon’ble State Commission and the complaint was withdrawn on behalf of complainant with liberty to file it before appropriate Forum vide C-386/212 dated 27/2/213 of Hon’ble State Commission.

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainants booked a family tour to South Africa/Kenya with the OP which was started on 04/06/2012 and was to end on 14/06/2012. Complainants have deposited Rs. 96,000/- out of the total amount of Rs. 04,02,594/-. It is informed by the OP that documents were to be submitted on 04/05/2012 but when the complainants called they were asked to deposit the amount on 15/5/2012 and the same has been done by the complainants. The OP had also increased cost of Tour from Rs. 4,02,594/- to Rs. 04,15,794/-. Tickets were received by the complainants through e-mail on 30/05/2012 but no visas or passports were received.

On 01/06/2012 only the passports of complainant no. 5 & 6 were not received. It was informed by the OP that the complainants should leave for Mumbai and Passports and visa of complainant no. 5 & 6 would be provided there.

Even on 03/06/2012 the passport of complainant no. 5 &6 were not provided and complainant no. 2 to 4 left as per schedule.

Even on 04/06/2012 the passports of complainant no. 5 &6 were not provide and the complainant no. 1 had to stay with his parents and go out on 04/06/2012 night to join his family. The Tour facilities provided to the complainant were of substandard quality, during the entire tour.

When complainants returned back from the tour and received the visas of complainant no. 5 & 6 in which they found that the Visas of complainant no. 5 &6 were issued on 05/06/2012 i.e. after the date of departure.

After immense suffering complainants asked for refund of money but the same was rejected by the OP. Hence this complaint.

After notice the OP filed its written statement/version resisting the complainant stating that the complainant has approached this Ld. Forum with unclean hands by indulging in misrepresentation and suppression of material facts. It is further alleged that this Forum has no territorial jurisdiction to entertain the present complaint as OP has its registered office within the territorial jurisdiction of the Hon’ble Forum of Mumbai and all the travel arrangements were contracted for and monitored form the said place. It is alleged that the after reading and understanding the ‘Booking Conditions’ and ‘How to Book’ rules, the ‘Tour Itinerary’ and the ‘Tour Price List’ were signed by the complainants.

It is alleged that the complainants decided to book their tour sometimes in the month of March,2012 which was departing on the 4^th June,2012 and they did not submitted documents required for their visa till the end of March,2012 in spite of the OP clearly specifying this requirement in its letter dated 16/03/2012, which inter alia states the “Further we require your documents for the visa processing as we would like to apply the application in the Embassy ( South Africa/Kenya) well in time in order to obtain the required visas.” The OP has also mentioned in the aforesaid letter that the cut-off date for document submission was 04/05/2012. In spite of this clear knowledge the complainants for reasons best known to them deliberately delayed and submitted insufficient documents thereby delaying their visa clearance by the respective embassy/consulate. Prayer to dismiss the complaint has been made.

The complainant has filed replication and evidence by way of affidavit supporting their contention. OPs have also filed evidence by way of affidavit. Both the parties have addressed oral arguments.

We have considered the material placed before us and the arguments of the    parties with the relevant provisions of law.

In the issue of territorial jurisdiction, it is stated by the complainant that the tickets were booked in Delhi and the office of the OP is within the territorial jurisdiction of this Forum.

The Complainants no. 1 & 6 had booked a tour with the OP for which the OP had to provide passports and visas of complainants for travel but the OP had provided the passport and visas of the complainant no. 1 to 4 only but unable to provide the visas of complainant no. 5&6. Consequently, they were not able to travel and through which the complainant no. 1 has also cancelled their trip because it is not possible for complainant no. 1 to leave alone their old parents. The complainant has also asked for refund of money but OP had refused to do so. Therefore, We hold the OP guilty of deficiency in service and direct it as under:-

1. Pay to the complainants a sum of Rs. 02,80,000/- along with interest @ 9% p.a. from the filing of this complaint  i.e. 29/05/2013  till payment.

 

2. Also pay to the complainants a sum of Rs. 26,000/- to the complainants.

ii)    Pay to the complainant a sum of Rs.10,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 12/12/2019.

 

 

    (ARUN KUMAR ARYA)

 PRESIDENT

 

 

 

                                      (NIPUR CHANDNA)                                                                     

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