BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 24^TH DAY OF JANUARY 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Award delay compensation at 12% p.a., for amount of Rs.2,04,894/- from the date of trip cancellation due to negligence of OP.
2. Direct the Ops to pay a sum of Rs.5,00,000/- towards damages and compensation, mental pain and agony.
3. To order to pay litigation costs of Rs.25,000/- and pass such other order.

2. The case set up by the complainant in brief is as under:-

It is the case of the complainant that the complainant along with their family members and sisters and family friends were planning holiday tour to Singapore and after checking an online they have booked for product holidays tour on 13.06.2022 with the OP company.  They have also paid Rs.50,00,000/- on 13.06.2022 and Rs.10,000/- on 27.06.2022 and Rs.61,600/- on 14.07.2022 and Rs.61,050/- on 14.07.2022, Rs.1,23,890/- on 15.07.2022 and thereby they have made the entire payment and completed all the formalities. After making the entire payment then started the visa processing and the complainant and other members have filled up application for visa and submitted all relevant documents with vaccination certificate of all the members.  

3. The complainant have paid the package cost of Rs.2,04,894/- (Rs.79,494/- towards ticket and Rs.1,25,400/- towards package) to the OP1 as per their instructions.  After completing the visa process the OP has issued travel summary which contain the details of the journey.  As per the details the journey will start on 11.08.2022 at 11.05 pm hours from Bangalore to Singapore in flight No.SQ511 and also return journey on 17.08.2022 at 20.05 hours from Singapore to Bangalore issued.
4. The complainant along with their family friends reported at Bangalore International Airport at schedule time to start the dream trip to Singapore and reached the departure.  But all of a sudden complainants were shocked as the second complainant was stopped the entry inside to airline at departure counter at international Airport saying that people vaccinated with corbevax are not allowed to board the flight and that particular vaccine is not recognized in Singapore. The second complainant being vaccinated and they informed that and since this was the situation the first complainant being the mother of the second complainant also could not be travelling to Singapore without her minor daughter as she could not send her home alone as there is no other extra family members to look after the second complainant.
5. In view of this the complainants were depressed and contacted the OP for more than 25 times immediately but no proper response was given by the OP. But only informed to go near RTCPCR counter and even though they have visited but of no use and they have informed that it is not possible.  
6. The OP have assured that they will arrange over in another flight connected Malaysia and in that these two complainants will be travelled.  On this assurance given by the OP the complainants waited till take off of the flight that they were about to travel by 11 pm and also waited for next flight also, but of no use and since no proper response and lack of service and arrangements from the OP both the complainants came back with depression and suppressing all their dreams.  
7. It is the specific case of the complainants that at no point of time either on submission of application visa approval and air ticket issued the OP informed about corbevax vaccination either on submitting the related documents nor visa processing nor exchanging currency and issue of air tickets.  It is very bad in law informing about the technicalities at the end movement which made the complainants depress and suppress their dreams.
8. It is further case of the complainants that the first complainant immediately wrote mail on 17.08.2022 regarding deficiency/mismanagement of OP and requested to refund entire amount on or before 22.08.2022.  The OP did not return the amount nor responded properly, but on 29.08.2022 the complainant received a mail by one Monika stating that they have got a favorable response from airlines regarding the air tickets and they can reissue the ticket and travel on a later date with the applicable fare and tax difference as ticket is valid for one year from the date of issue and since the rule of vaccination is lifted requesting the complainants to consider and inform them a favorable date for the travel.  They have further stated that they are coordinating with the team to get a favorable response from them.  The complainants have not accepted the proposal as it is not satisfactory.  The complainant was waiting with the hope that the OP will arrange another trip for both the complainants but all went in vein.  The complainants with no other alternative at last got issued legal notice through their counsel calling upon the OP to refund the entire ticket cost along with package cost with interest and the said notice was duly served to the OP.  The OP even after service of notice have not complied the request of the complainant. Hence the complainant has filed this complaint.  
9. In response to the notice, OP remained absent and hence OP placed exparte.
10. The complainant has filed his affidavit evidence and relies on 08 documents. 
11. Heard the arguments of advocate for the complainant.  Perused the written arguments.

12. The following points arise for our consideration as are:-

1. Whether the complainants prove deficiency of service on the part of OP?
2. Whether the complainants are entitled to relief mentioned in the complaint?
3. What order?

13. Our answers to the above points are as under:

       Point No.1:  Affirmative

      Point No.2: Affirmative in part

      Point No.3: As per final orders

REASONS

14. Point No.1 AND 2: These two points are inter related to each other and hence they have taken up for common discussion.
15. Perused the complaint, evidence and written arguments and documents filed by the complainant and they are remained unchallenged.  Inspite of service of notice the OP remained absent. Hence there is no reason to disbelieve the evidence and the documents produced by the complainant.  
16. In support of their contention the first complainant who is the mother of the second complainant have filed her affidavit evidence reiterated all the allegations made in the complaint and relied on document No.1 to 8.  
17. The complainant has clearly stated about the booking of the tour with the OP and the amount paid by them. The complainant has totally paid the entire package cost including the air ticket Rs.2,04,894/- to the first OP.  In support of her contention the complainant has relied on receipts for having paid the amount in Ex.P1a to P1e, after that the OP issued the travel summary fixing the date of journey on 11.08.2022 through Singapore flight No.SQ511 at 23.05 hours and the journey will start from Bangalore International Airport.  The complainant has relied on Ex.P2a and P2c, after that the OP has sent the trip details as per ExP3a with flight tickets, as Ex.P3a the complainant was directed to start their journey through Singapore airlines from Bangalore International Airport on 11.08.2022 at 23.05 pm.
18. The complainant along with her family members and her family friends reported at BIA at the schedule time to start their dream trip to Singapore. The second complainant was stopped the entry inside to airline at departure counter at BIA stating that the people vaccinated with corbevax are not allowed to board the flight and that particular vaccine is not recognized or considered in Singapore.  The second complainant being vaccinated by the same vaccine BIA authorities have not allowed to enter the flight.  In view of this the first complainant who is the mother of the second complainant also could not travel to Singapore as there is no one in the home to look after the minor second complainant.
19. Even though the complainant has informed the OP they have not taken any action to arrange for another flight.  They have simply informed the complainant to go near RTCPCR counter but it is of no use.  Even after the complainant has raised complaint by sending mail to the OP on 17.08.2022 regarding deficiency or mismanagement of the OP and requested to refund the entire amount.  The OP have not refunded the amount nor given any proper response. Hence the complainant got issued legal notice to the OP through their counsel as per Ex.P5 and it was duly served on the OP as per Ex.P7a and P7b.  
20. It is clear from the evidence and the documents that the complainants have suffered mental agony and their dream to go to Singapore was suppressed by the attitude of the OP.  The OP being a responsible tour conductor have not at all informed about the vaccine and they have informed about the technicalities till the end moment which made the complainants to depress and suppress their dreams. If the OP have acted in diligently and made enquiry at the time of processing visa the complainant would have taken the proper vaccine which was recognized in Singapore at that time or they may arrange for the trip after lifting of the ban on the vaccine.  Inspite of the repeated request by the complainants by sending emails on so many occasions the OP have not responded and they have not refunded the amount.
21. When the OP have failed to arrange for the trip after receiving of entire package amount it is their duty to refund the amount.  The complainants are not expected to pay the amount for the service not availed by them and it is also not provided by the OP.  The second complainant who is a minor has underwent depression and suppressed her dreams in view of the cancellation of her trip at the end moment by informing the technicalities.
22. Under these circumstances, the OP have committed deficiency of service and they are liable to refund the amount with compensation and litigation expenses to the complainants.  Therefore the complaint is liable to be allowed in part and we answer point No.1 in affirmative and point No.2 partly in affirmative.
23. Point No.3:- In view the discussion referred above it is necessary to direct the OP to refund the amount of Rs.2,04,894/- from the date of payment with 12% p.a., till realization.  The OP is further directed to pay compensation of Rs.1,00,000/- towards damages and mental pain and agony suffered by the complainant and further directed to pay Rs.10,000/- towards litigation expenses to the complainant. we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to refund Rs.2,04,894/- along with interest at 12% p.a., from the date of payment till realization.
3. OP is further directed to pay compensation of Rs.1,00,000/- towards damages and mental agony.
4. OP is also directed to pay Rs.10,000/- towards litigation expenses to the complainant.
5. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 15% p.a. after expiry of 60 days on Rs.2,04,894/- till final payment.
6. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 24^TH day of JANUARY, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party;

NIL