Delhi

New Delhi

CC/1504/2008

Naresh Jain - Complainant(s)

Versus

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

08 Feb 2019

ORDER

 

 

                                  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-VI

                                      (DISTT. NEW DELHI),

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

                                                                  NEW DELHI-110001

 

 

 

 

Case No.C.C. 1504/2008                                                   Dated:

In the matter of:       

SHRI  NARESH JAIN

S/o Shri J. R. Jain.

BA-36, Shalimar Bagh(west)

Delhi-110088

                                                                                                   …… Complainant

 

Versus

 

M/S SOTC KUONI TRAVEL CORPORATION PVT.LTD

Service to be effected through

Its Managing Director,

Near Janpath Road, Connaught Place,

New Delhi-110001

                                                                                                              ……. Opposite parties

           

H. M. VYAS   - MEMBER

                                                            Order

            The complaint has been filed against the OPs alleging deficiency in service praying for the following relief:-

            1. The respondent be directed to pay the sum of Rs. 2,00,000/-  being  the amount of damages and compensation along with interest @ 12% per annum from the date of filing of this complaint till the final realization thereof, to the complainant on account of the serious harassment caused  to him and his family members during the course of their foreign travel during the tour arranged by the respondent.

            2.  Directing the respondent to pay the sum of Rs. 20,000/-  for reimbursing the amount spent by the complainant during the tour/ travel undertaken by him and his family members as described hereinabove and also in the unfruitful legal  notice sent to the respondent.

            3.  To award costs of the proceedings in favour of the complainant and against the respondent.

             It is alleged that the complainants booked a tour of 7 days and 6 nights tour of the OP including three days and two nights at Star Cruise Virgo No. 1106 and paid a sum of Rs. 1,99,000/- on 22/05/2008 to the OP.  The complainant along  with his wife and 3 minor children were to travel on this tour. Further payment of Rs. 99,107/- and Rs. 1,01,737/- were also paid through two  cheques to the OP.  It was promised that the stay of child below 12 years was free but Rs.30,000/- were charged in addition to the original fare and the payment was to be made in US Dollars.  The complainant and his family was charged much in excess of the market prevailing rates for all facilities required by them.  

            It is alleged that the hotel accommodation, transfer and meals were promised to be free but the OP had to pay for that and later on it as it was informed  that the transfer charges and meals were to be provided by the Airlines and not by the OP.  After obtaining free Visa at the Airport, the local representative of OP was missing there at the exit gate “ A” of world holiday tours and as such, the complainants finding no local representatives there, had to  make arrangements themselves for lodging and boarding.

             A taxi was  hired on their own to reach the designated hotel, details of which were collected from local SOTC office in India for which complainant paid for ISD call charges of Rs. 330/- beside HK $ 237 as taxi fare.  The complainants were transferred to the Harbour for boarding Star Cruise Virgo for sailing after 8:30 PM on 13.06.2008. They were anchored back to Hong Kong Harbour at 10:30 AM on 15.06.2008 thus reducing the promised trip from 3 days/2 nights to 2 days / 1 night trip. It is also alleged that during the flight the complainant and his family  members were given instruction by the flight crew that different types of food was available instead of Indian Jain Vegetarian Food. Alleging deficiency in service and non-adherence to the terms of itinerary assured by OP, the complainant had to undergo financial burden beside and mental and physical agony for the acts of the OP. Similar other deficiencies have also been alleged against the OP. Meeting with the officials of the OP and sending letters by the complainant regarding the deficiency on the part of OP did not prove good and the complainant had to incur expenditure of Rs. 8,000/- in this account.

            All the opposite parties were noticed. The OP filed version/written statement & denied all the allegations made by the complainants.  It is stated that the complaint  is misconceived, unjustified and  deserves dismissal. It is stated that the tour provided only the services as offered in the tour itinerary and anything outside the same was not agreed upon or covered by the contract.  It is stated that the tour for 7 days/ 6 nights was as per itinerary and the same was organised and executed. The details thereof have been mentioned in para 3(i) of the WS. As regards the payment for the child, it is stated that the stay of the child in the hotel accommodation was free and nothing was charged as alleged and it was explained to the complainant.  So far alleged non presence of the representative of the OP at the Airport, it is stated that it was a group of 65 persons and the complainant himself was unable to trace the representative there as all other members of the group were taken to destined hotel. The allegation is without substance.  It is also submitted that the Super Star Virgo Cruise was as per the itinerary of the tour as promised and the complainant enjoyed two nights cruise as evident from their tickets.  All allegations and claims made by the complainant have been categorically denied. 

            The complainant filed rejoinder to the written statement of OP.  Both the parties filed their respective evidence by way of affidavit.  Both the parties filed written arguments and also addressed oral arguments at length.

            The complainant mainly stressed upon reduction of tour from 7 days/ 6 nights to 6 days/ 5 nights , non providing the Jain meal, and having incurred Rs. 30,00/- extra for children.  Deficiency in service and unfair trade practice were stressed upon and referred to the description filed as annexure to the complaint at page 22.  The itinerary at page 29 is also filed.

            The OP denied all allegation and filed the briefing sheet showing the time of departure(Delhi) and arrival time (Hong Kong) and other details of tour.  It also filed the ticket and confirmation slip of the OP   2 nights stay at Super Star Virgo Cruise to the complainant as per tour itinerary.

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

            The admitted position emerging from the material on record and arguments of parties is that there is no change in dates of departure and return, nor the complainant has disputed it.   As per the tickets of the cruise, there is stay of two nights.  In our considered view, on these two issues there is no deficiency in service on the part of the OP.  So far non- availability of the OP representative  at exit gate at Airport  the argument of the complainant fails as the other group  members were escorted by the OP’s representative  to the destined hotel. Now coming to the other alleged deficiency of not providing Jain food, we consider it to be a serious lapse on the part of the OP.  Even if argument of the OP is considered that the meals are to be provided by the Airlines, still the OP has failed to substantiate that due diligence to ensure the provision of the Jain meals to the complainant and clear instruction were given to the concerned Airlines.  We therefore, hold OP to be deficient in service to this extent and direct OP to pay a sum of Rs. 40,000/- in lump sum to the complainant beside litigation cost of Rs. 5,000/-.  The OP shall comply the orders within 30 days of receipt of this order failing which simple interest @ 10% p.a. shall be paid from the date of this order till realization.

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

Announced in open Forum on  08/02/2019.

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