THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 828-13

Date of Institution : 4.12.2013

Date of Decision : 19. 05.2015

Jatinder Singh Jassal S/o Sh. Narotam Singh R/o B-126, Ranjit Avenue, Amritsar

...Complainant

Vs.

1. M/s. Thomas Cook (India Ltd.) having its office at Axis Bank Building, Opp.Nayyar Nursing Home, Dasonda Singh Road,Amritsar 143001 through its Manager/Branch Manager/Concerned officer

2. M/s. Thomas Cook (India Ltd) having its head office at C-33, Cannaught Place, New Delhi 110001 through its MD/Manager/concerned officer

3. Rahul Abhishek concerned officer M/s. Thomas Cook India Ltd., K-10,Sector 18, Near HSBC Bank, Noida 201301 (UP)

....Opp.parties

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainants : Kanwar Pahul Singh,Adv.

For the opposite parties : Sh.Akhilesh Vyas,Adv.

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

-2-

1 Present complaint has been filed by Sh. Jatinder Singh under the provisions of the Consumer Protection Act alleging therein that he was willing to take tour of France and Switzerland, so he approached the opposite parties for enquiry of the same. Opposite parties suggested the complainant to book tour namely Mini Europe which is starting from 8^th July to 15^th July 2013 i.e. tour of seven nights and eight days costing Rs. 1,48,600/- per person.The complainant further told the opposite parties that he wanted to go London on 15^th July 2013 from Switzerland. Opposite parties agreed that they would make arrangements for tickets from Switzerland to London and in that eventuality the total cost of tour including flight charges from Switzerland to London will be Rs. 1,60,600/- per person The complainant got booked the abovesaid tour with the opposite parties, for himself and his wife and paid Rs. 1,50,000/- to the opposite parties as advance through bank. Opposite parties further assured that all visa arrangements for France, Switzerland and UK will be got done by the opposite parties. The complainant is required to submit the relevant documents necessary for obtaining visa. The complainant alleges that thereafter even on demand the opposite parties did not send necessary forms for taking visa to the complainant till last week of May. All forms were sent by the opposite parties to the complainant on 30.5.2013 and the complainant immediately sent the same i.e. duly filled in forms alongwith relevant documents back to the opposite parties for taking visa for Switzerland and UK on 3.6.2013 through bluedart courier. Complainant also sent a letter authorizing the opposite parties to collect and submit all travel documents on behalf of the complainant for Switzerland as well as UK. Thereafter the opposite partis made arrangements for UK visa of complainant and his appointment was confirmed for 10^th June 2013. The complainant attended the said appointment but did not receive visa of UK and Switzerland till 24.6.2013.. Thereafter complainant requested the opposite parties via e-mail dated 24.6.2013 that despite handing over all the documents, the complainant had not received visa till that date and requested the opposite parties to pursue the case on priority basis as the tour was to commence from 8^th July 2013 . On 28.6.2013 complainant got a call from the opposite partiesm and visited the Amritsar office of the opposite parties where officials of opposite party No.1 got signatures of the complainant . The complainant collected/arranged necessary papers and sent the same on 28.6.2013 on the request of the opposite party via prominent courier serevice. All this shows that the opposite parties did not even apply for visa of Switzerland till 28.6.2013 and that the opposite paties misplaced all the documents/visa forms duly signed by the complainant which were sent to the opposite parties on 3.6.2013.Thereafter on 1.7.2013 opposite parties asked the complainant to pay balance amount of Rs. 2,16,472/- which the complainant provided via bank transfer to the opposite parties on 2.7.2013. The complainant contacted the opposite parties and enquired about the fate of swiss visa and flight details, but to no avail. On 5.7.2013 complainant also contacted the opposite parties and requested them that commencement of date of tour is 8^th July 2013 and till today, he is not aware about swiss visa and flight details, but the opposite parties told that ticket from Switzerland to UK had been erroneously booked for 16^th July, whereas complainant asked the opposite parties to book same for 15.7.2013 as the tour was to expire on 15.7.2013.The swiss visa was not arranged by the opposite parties till 6^th July 2013. The complainant contacted the opposite parties and requested them to give the same but the opposite parties told the complainant that the tour of complainant has been curtailed and now visa would be given on 8^th night or 9^th morning. Opposite parties also demanded additional cost of Rs. 10000/- per person as charges of flight charges and cancellation. Complainant has alleged that the opposite parties unilaterally changed the schedule of complainant as the complainant was to depart from New Delhi on 8.7.2013 at 4.50 a.m whereas he was forced to depart from New Delhi on 8.7.2013 at 21.50 p.m . On 8.7.2013 the complainant reached Airport in the evening where official of the opposite parties namely Neeta approached the complainant and asked him to pay Rs. 20000/- as a cost of charges otherwise his Swiss visa will be retained.After certain negotiations, matter was ended upto Rs. 10000/- which the complainant paid under protest . The complainant boarded the flight from New Delhi on 8.7.2013 in the night and reached Paris on 9^th July 2013 in the morning as against scheduled time of reaching Paris on 8.7.2013 (A.N) about 2.16 p.m. Opposite parties also got booked the ticket of the complainant from Switzerland to London on 16.7.2013 whereas tour was to expire on 15.7.2013 morning. Complainant made number of calls to the opposite parties from Abroad to make arrangements for him & his spouce on 15.7.2013 to 16.7.2013 in Switzwerland but the opposite parties made arrangements for stay of the complainant in Switzerland on 15 and 16.7.2013 but did not make any arrangement for lunch and dinner and complainant had to bear those expenses. The complainant has alleged that due to negligence, deficiency of the opposite parties, the Swiss visa was delayed by more than 1 month and complainant had also to incurr additional amount of Rs. 10000/- under protest . Opposite parties further wasted one day tour on 8.7.2013 of the complainant. The complainant was made to suffer on 15^th July in Switzerland as the opposite parties got booked the tickets from Switzerland to London for 16^th July instead of 15^th July 2013 as a result of which one day of London was also missed due to negligence on the part of the opposite parties, as a result of which the complainant sufferd lot. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to pay Rs. 2 lacs as compensation and to refund Rs. 10000/- paid under protest on 8.7.2013. Litigation expenses of Rs. 22000/- were also demanded.

2. On notice, opposite parties appeared and filed written version in which it was submitted that the total tour cost including deviation was Rs.3,66,472/- i.e. Rs. 1,83,236/- per person. The complainant requested for post tour deviation from London to Zurich and as per terms and conditions the booking of air ticket under deviation are subject to availability and the complainant was well aware about deviation terms which were mentioned on the booking. The complainant also informed the opposite parties that the opposite parties can book the ticket of any other near date in case the booking is not available on the date requested by the complainant. The air tickets for 15^th July 2013 from Switzerland to Lonon were not available. So the opposite parties managed to book flight tickets of the complainant for 16^th July 2013 morning. The complainant was duly informed that as per his proposed itinerary only UK and Schengen visa were required as Schengen visa was valid for entering in Swiss and France.So no separate France visa was also required and this fact has also been mentioned in the tour brochure supplied to the complainant. The tour was booked on 14.5.2013 and the visa documentation list was sent to the complainant on 30.5.2013 . It was submitted that as the tour package was booked by the friend of the complainant and at the time of booking no contact details of the complainant were provided to the oposite parties so the delay in sending the visa check list to the complainant was due to un-avoidable circumstances. Moreover, the visa check list is also mentioned on the tour brochure supplied to the complainant. Therefore, the complainant cannot claim delay in sending visa check list. The visa documens for UK were sent on 3.6.2013 and Schengen visa documents were not received from the complainant, so the opposite parties after scrutinizing documents, promptly applied for UK visa on the nearest available date of consulate i.e. 10^th June 2013. The opposite parties did not have control over the appointment allotment of consulate. As original passport was needed to be submitted to consulate for visa application , both UK and Swiss visa cannot be applied at same time as consulates for UK and Swiss countries are different. Resultantly Schengen visa could be applied only upon receipt of original passport from UK consulate. However, the opposite parties had promptly applied for Schengen visa after receipt of UK visa and pass port return from consulate. As per terms and conditions the process of visa is not directly under control of the opposite party. So the opposite parties cannot be held responsible for delay in granting visa by the consulate. However, the opposite parties had tried their best to obtain visa as early as possible from consulate.The complainant himself had to supply the required documents as per check list already provided to the complainant, but the complainant himself did not do so rather he supplied the required documents on the asking of the opposite parties and the opposite parties promptly applied for UK and Swiss visa for which the complainant himself attended interview on 10^th June 2013 as admitted by the complainant in his complaint.However, consulate has not released the visa of the complainant till 8^th July 2013 due to their internal reasons best known to them. The opposite parties never assured the date of delivery of visa to the tourists as the same is always subject to its release by the concerned consulate. As per terms and conditions of the tour the complainant was required to make full payment 25 days prior to the departure of tour. However, the complainant had not made full payment till 2^nd July 2013. Resultantly the opposite parties had not booked deviation air tickets for the complainant. Since the tour commencement date was 8^th July 2013 and payments were made by the complainant on 2^nd July 2013, therefore, there was very short time left for booking air tickets and it was verbally informed to the complainant that as he has made late payment, so he may have to compromise on date as all the bookings on 15^th July 2013 were full. Resultantly with the consent of the complainant , opposite parties had booked air ticket for 16^th July 2013, which the complainant accepted without raising any objection at the relevant time. It was submitted that the tickets were not wrongly booked however since tickets for 15^th July 2013 were not available, opposite parties had booked tickets for 16^th July 2013. Not only this the opposite parties at their own cost had provided one night complimentary stay and local transfer from Hotel to Airport free to the complainant at Switzerland as a gesture of goodwill. As a general trade practice all hotels provide free breakfast only and lunch and dinner have to bear by guest at their own cost. So the opposite parties cannot be held responsibile for not arranging lunch and dinner for the complainant. Opposite parties further submitted that Schengen visa was received late on 8^th July 2013 as the Embassy had not released the passport and visa of the complainant on time which was beyond the control of the opposite parties. Opposite parties further submitted that initially air tickets were booked as per group tour schedule of 8^th July 2013 morning, however visa was not received from consulate till 8^th July 2013 morning the opposite parties had conveyed the complainant that he can avail tour by boarding flight at night on 8^th July 2013. It was also informed to the complainant that the replying opposite parties will manage to co-ordinate with Airlines and request to charge minimum cancellation charges and reschedule their air tickets if the complainant is willing to pay Rs. 5000/- per person as the same were to be borne as cancellation charges levied by Airlines for rescheduling two flight tickets for the complainant and his wife. Opposite party had duly issued receipt of the amount of Rs. 10000/- paid by the complainant. The negotiation for additional charges had been already discussed earlier with the complainant before arriving at Airport and the complainant had agreed to pay the said amount of Rs. 10000/-. Opposite parties further denied that they booked ticket of the complainant from Switzerland to London by mistake, as alleged. The opposite parties even on 8^th July 2013 e-mailed to the complainant and provided details of hotel booking, local transfer booking and air tickets for the complainant for his Swiss stay and it was also informed to the complainant before departure that no lunch or dinner will be provided for that extra stay and the hotel till provide only breakfast. So the delay, if any in getting visa for the complainant and ticket from Switzerland to London was due to reasons beyond the control of the opposite parties and the complainant was duly informed about these reasons. While denying and controverting other allegations, dismissal of complaint was prayed.

3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-13, copy of e-mail Ex.C-14, copy of booking detail Ex.C-15, copy of booking detail Ex.C-16, copy of text message Ex.C-17, copy of account statement Ex.C-18, copies of e-mail Ex.C-19 to C-22, copy of tour documents Ex.C-23 and Ex,.C-24, copy of e-mail Ex.C-25, copy of e-mail Ex.C-26, copy of receipt Ex.C-27, copy of e-mail Ex.C-28 to C-30, copies of letters Ex.C-31 and Ex.C-32 , copy of e-mail Ex.C-33, telephone detail/bill Ex.C-34, booking form Ex.C-35, e-nmail Ex.C-36, brochure Ex.C-37, call detail Ex.C-38.

4. Opposite parties tendered affidavit of Sh. Anshu Jarolia Ex.OP1, copy of complimentary Airport Shuttle Ex.OP2, copy of highlights Ex.OP3, copy of authority letter Ex.OP4, copy of terms and conditions Ex.OP5, copy of letter dated 1.7.2013 Ex.OP6, copy of e-mail Ex.OP7 to OP9, copy of itinerary Ex.OP10, copy of e-ticket receipt & Itinerary Ex.OP11 , Ex.OP12, copy of receipt Ex.OP13, copy of hotel voucher Ex.OP14, copies of air tickets Ex.OP15 and Ex.OP16, copy of booking form Ex.OP17.

5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.

6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant wanted to take tour of France and Switzerland, so he approached the opposite parties ,who suggested the complainant to book tour namely Mini Europe starting from 8^th July to 15thJuly 2013 i.e. tour of seven nights and eight days costing Rs. 1,48,600/- per person.The complainant further told the opposite parties that he wanted to go to London on 15^th July 2013 from Switzerland. Opposite parties agreed that they would make arrangements for tickets from Switzerland to London and in that eventuality the total cost of tour including flight charges from Switzerland to London will be Rs. 1,60,600/- per person .Consequently the complainant got booked the abovesaid tour with the opposite parties, for himself and his wife and paid Rs. 1,50,000/- to the opposite parties as advance through bank. Opposite parties further assured that all visa arrangements for France, Switzerland and UK will be got done by the opposite parties. The complainant is required to submit the relevant documents necessary for obtaining visa. The complainant alleges that thereafter even on demand the opposite parties did not send necessary forms for taking visa, to the complainant till last week of May. All forms were sent by the opposite parties to the complainant on 30.5.2013 and the complainant immediately sent the same i.e. duly filled in forms alongwith relevant documents back to the opposite parties for taking visa for Switzerland and UK on 3.6.2013 through Bluedart courier, alongiwth letter authoriziong the opposite parties to collect and submit all trav el documents on behalf of the complainant for Switzerland as well as UK. The opposite parties made arrangements for UK visa of complainant and his appointment was confirmed for 10^th June 2013. The complainant attended the said appointment but did not receive visa of UK and Switzerland till 24.6.2013.. The complainant sent e-mail dated 24.6.2013 to the opposite parties telling that despite handing over all the documents, the complainant hasnot received visa till that date and requested the opposite parties to pursue the case on priority basis as the tour was to commence from 8^th July 2013 . On 28.6.2013 complainant on receipt of call from the opposite parties, visited Amritsar office of the opposite parties where officials of opposite party No.1 got signatures of the complainant . The complainant concluded/arranged necessary papers and sent the same on 28.6.2013 on the request of the opposite party via prominent courier serevice, which show that the opposite parties did not even apply for visa of Switzerland till 28.6.2013 and that the opposite paties misplaced all the documents/visa forms earlier signed by the complainant and sent to the opposite parties on 3.6.2013. On the request of the opposite parties dated 1.7.2013, the complainant deposited Rs. 2,16,472/- via bank transfer to the opposite parties on 2.7.2013. The opposite parties provided flight details to the complainant and further assured that all the arrangements of the tour are ready. Thereafter the complainant so many times contacted the opposite parties on phone as well as through personal visits about the fate of Swiss Visa and flight details from Switzerland to London. But the opposite parties could not give satisfactory reply/explanation as the tour was to commence on 8^th July,2013. The opposite parties later on told the complainant that ticket from Switzerland to UK had been erroneously booked for 16^th July, whereas complainant asked the opposite parties to book the same for 15.7.2013 as the tour i.e. the mini tour of Europe, is to expire on 15.7.2013.The Swiss visa was not arranged by the opposite parties from 15^h July 2013. The opposite parties further told the complainant that the tour of complainant has been curtailed and now visa would be given on 8^th or 9^th July morning. Opposite parties also demanded additional cost of Rs. 10000/- per person as charges of flight changes and cancellation. The complainant further alleges that the opposite parties unilaterally changed the schedule of tour as the complainant was to depart from New Delhi on 8.7.2013 at 4.50 a.m whereas he was forced to depart from New Delhi on 8.7.2013 at 21.50 p.m as the opposite parties demanded Rs. 10000/- more per person but after negotiations the complainant paid Rs.10000/- only under protest for both the complainant and his wife . The complainant boarded the flight from New Delhi on 8.7.2013 in the night and reached Paris on 9^th July 2013 in the morning as against scheduled time of reaching Paris on 8.7.2013 (A.N) about 2.16 p.m. Opposite parties also got booked the ticket of the complainant from Switzerland to London on 16.7.2013 instead of 15.7.2013 morning. The complainant further alleges that the opposite parties made arrangements for stay of the complainant in Switzerland on 15 and 16.7.2013 but did not make any arrangement for lunch and dinner and complainant has to bear those expenses. The complainant submitted that the opposite parties have committed deficiency of service firstly they delayed swiss visa of the complainant, secondly complainant has to incur additional amount of Rs. 10000/- . Opposite parties further wasted one day tour on 8.7.2013 of the complainant. The complainant was made to suffer on 15^th July in Switzerland as the opposite parties got booked the tickets from Switzerland to London for 16^th July instead of 15^th July 2013 as a result of which one day of London was also wasted due to negligence on the part of the opposite parties, as a result of which the complainant sufferd lot. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainant.

7. Whereas the case of the opposite parties is that the total tour cost including deviation was Rs.3,66,472/- i.e. Rs. 1,83,236/- per person. The complainant requested for post tour deviation from London to Zurich and as per terms and conditions the booking of air ticket under deviation are subject to availability and the complainant was well aware about deviation terms which were mentioned on the booking. The complainant also informed the opposite parties that the opposite parties can book the ticket of any other near date in case the booking is not available on the date requested by the complainant. The air tickets for 15^th July 2013 from Switzerland to Lonon were not available. So the opposite parties managed to book flight tickets of the complainant for 16^th July 2013 morning. The complainant was duly informed that as per his proposed itinerary only UK and Schengen visa were required as Schengen visa was valid for entering in Swiss and France. So no separate France visa was also required and this fact has also been mentioned in the tour brochure supplied to the complainant. The tour was booked on 14.5.2013 and the visa documentation list was sent to the complainant on 30.5.2013 because no contact details of the complainant were available with the opposite parties as the tour package was booked by his friend Malwinder Singh ,so the delay in sending the visa check list to the complainant was due to un-avoidable circumstances. Moreover, the visa check list is also mentioned on the tour brochure supplied to the complainant. Therefore, the complainant cannot claim delay in sending visa check list. The visa documens for UK were sent on 3.6.2013 and Schengen visa documents were not received from the complainant, so the opposite parties after scrutinizing documents, promptly applied for UK visa on the nearest available date of consulate i.e. 10^th June 2013. The opposite parties did not have control over the appointment allotment of consulate. As original passport was needed to be submitted to consulate for visa application , both UK and Swiss visa cannot be applied at same time as consulates for UK and Swiss countries are different. Resultantly Schengen visa could be applied only upon receipt of original passport from UK consulate. However, the opposite parties had promptly applied for Schengen visa after receipt of UK visa and pass port return from consulate.The process of visa is not directly under control of the opposite party. So the opposite parties cannot be held responsible for delay in granting visa by the consulate. However, the opposite parties had tried their best to obtain visa as early as possible from consulate.The complainant himself had to supply the required documents as per check list already provided to the complainant, but the complainant hiself did not do so rather he supplied the required documents on the asking of the opposite parties and the opposite parties promptly applied for UK and Swiss visa for which the complainant himself attended interview on 10^th June 2013 as admitted by the complainant in his complaint.However, consulate hasnot released the visa of the complainant till 8^th July 2013 due to their internal reasons best known to them. The opposite parties never assured the date of delivery of visa to the tourists as the same is always subject to its release by the concerned consulate. As per terms and conditions of the tour the complainant was required to make full payment 25 days prior to the departure of tour. However, the complainant had not made full payment till 2^nd July 2013. Resultantly the opposite parties could not took deviation air tickets for the complainant. Since the tour commencement date was 8^th July 2013 and payments were made by the complainant on 2^nd July 2013, therefore, there was very short time left for booking air tickets and it was verbally informed to the complainant that as he has made late payment, so he may have to compromise on date as all the bookings on 15^th July 2013 were full.Resultantly with the consent of the complainant , opposite parties had booked air ticket for 16^th July 2013 which the complainant accepted without raising any objection at the relevant time. The allegations levelled by the complainant that the tickets were wrongly booked for 16^th July 2013 is totally wrong as the opposite parties got these tickets booked for 16^th July 2013 which were available and that too with the consent of the complainant. Not only this the opposite parties at their own cost had provided one night complimentary stay and local transfer from Hotel to Airport free to the complainant at Switzerland as a gesture of goodwill. As a general trade practice all hotels only provide free breakfast and lunch and dinner had to be borne by guest at their own cost. So the opposite parties cannot be held responsibile for not arranging lunch and dinner for the complainant. Opposite parties further submitted that Schengen visa was received late on 8^th July 2013 as the Embassy had not released the passport and visa of the complainant on time which was beyond the control of the opposite parties. Opposite parties further submitted that initially air tickets were booked as per group tour schedule of 8^th July 2013 morning, however visa was not received from consulate till 8^th July 2013 morning the opposite parties had conveyed the complainant that he can avail tour by boarding flight at night on 8^th July 2013. It was also informed to the complainant that the replying opposite parties will manage to co-ordinate with Airlines and request to charge minimum cancellation charges and reschedule their air tickets if the complainant is willing to pay Rs. 5000/- per person as the same were to be borne as cancellation charges levied by Airlines for rescheduling two flight tickets for the complainant and his wife. Opposite party had duly issued receipt of the amount of Rs. 10000/- paid by the complainant. The negotiation for additional charges had been already discussed earlier with the complainant before arriving at Airport and the complainant had agreed to pay the said amount of Rs. 10000/-. Opposite parties further denied that they booked ticket of the complainant from Switzerland to London by mistake. The opposite parties even on 8^th July 2013 e-mailed to the complainant and provided details of hotel booking, local transfer booking and air tickets for the complainant for his Swiss stay and it was also informed to the complainant before departure that no lunch or dinner will be provided for that extra stay and the hotel will provide only breakfast. So the delay, if any, in getting visa for the complainant and ticket from Switzerland to London was due to reasons beyond the control of the opposite parties and the complainant was duly informed about these reasons. Ld.counsel for the opposite parties submitted that under such circumstances there is no deficiency of service on the part of the opposite parties qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant got booked tour namely “Mini Europe” starting from 8^th July to 15^th July 2013 i.e. tour of seven nights and eight days costing Rs. 1,48,600/- per person for himself and his wife. The complainant further told the opposite parties that he wanted to to go London on 15^th July 2013 from Switzerland . Opposite parties agreed that they would make arrangements for tickets from Switzerland to London and in that eventuality the total cost of tour including flight charges from Switzerland to London, will be Rs. 1,60,000/- per person. The complainant agreed and got booked the abovesaid tour with the opposite parties for himself and his wife and paid Rs. 1,50,000/- to the opposite parties as advance through the bank. The opposite parties assured that all visa arrangements for France, Switzerland and UK will be got done by the opposite parties. The complainant is required to submit the relevant documents necessary for obtaining visa. The opposite parties did not send the necessary forms for visa of the complainant and his wife, to the complainant till last week of May 2013. The complainant approached the opposite parties in this regard and then the forms were sent by the opposite parties to the complainant on 30.5.2013. The complainant filled in the forms and sent the same alongwith relevant documents to the opposite parties for taking visa for Switzerland and UK on 3.6.2013 through Bluedart Couriter alongwith letter authorizing the opposite parties to collect and submit travel documents on behalf of the complainant for Switzerland and UK. Opposite parties made arrangements for UK visa of complainant and his appointment was confirmed for 10^th June 2013. The complainant attended the said appointment but did not receive the visa till 24.6.2013. Then the complainant sent e-mail dated 24.6.2013 to the opposite parties. Thereafter on 28.6.2013 the complainant received call from the opposite parties and the complainant was required to attend Amritsar office of the opposite parties where the complainant was again told to submit certain documents and filled in the forms again and he sent the same to the opposite parties on 28.6.2013 through courier . On the advice of the opposite parties dated 1.7.2013, the complainant deposited Rs. 2,16,472/- i.e. the balance amount via bank transfer to the opposite parties on 2.7.2013. Opposite parties provided flight details to the complainant and told that all the arrangements of the tour are ready. But the opposite parties did not send any intimation/letter regarding the fate of Swiss visa of the complainant and flight details from Switzerland to London. The complainant approached the opposite parties so many times but the complainant did not receive any message or any letter from the opposite parties. Lateron the opposite parties told the complainant that the tickets from Switzerland to UK of the complainant had been booked for 16^th July instead of 15^th July 2013 but the tour of Europe was to expire on 15.7.2013. The of tickets for London of the complainant was arranged by the opposite parties for 16^th July 2013 instead of 15^th July 2013 demanded by the complainant. Not only this the opposite parties further told the complainant that the tour of complainant has been curtailed and new visa would be given on 8^th or 9^th July morning. The opposite parties also demanded additional cost of Rs. 10000/- from the complainant as charges of flight changes and cancellation. Ld.counsel for the complainant submitted that the opposite parties unilaterally changed the schedule of tour as the complainant was to depart from New Delhi on 8.7.2013 at 4.50 a.m, whereas he was forced to depart from New Delhi on 8.7.2013 at 21.50 p.m. Not only this the opposite parties had also charged Rs. 10000/- more as charges of flight changes and cancellation, etc for both the complainant and his wife. Opposite parties have curtailed the Europe tour of the complainant by one day but did not refund the relative/purportionate amount to the complainant and his wife. Rather they charged Rs. 10000/- more as charges of change in the tour because of no fault on the part of the complainant. Not only this the opposite parties also got booked the tickets of the complainant from Switzerland to London on 16.7.2013 instead of 15.7.2013 morning. The complainant had to cut short his tour of London by one day as they had to reach London on 15^th July 2013 but he could go to London on 16.7.2013 instead of 15.7.2013. Ld.counsel for the opposite parties submitted that the complainant sent the forms as well as relevant documents very late to the opposite parties. More over, there was no contact details of the complainant available with the opposite parties as the tour package was booked by his friend Malwinder Singh. So the delay in sending visa check list to the complainant was due to circumstances beyond the control of the opposite parties. The visa documents for UK were sent on 3.6.2013 and Schengen visa documents were not received from the complainant in time. So the opposite parties after scrutinizing the documents, promptly applied for UK visa on the nearest available date of consultate i.e. 10^th June 2013. The opposite parties did not have control over the appointment of consulate. The original passport was needed to be submitted to consulate for visa application, both UK and Swiss visa cannot be applied at same time as consulates for UK and Swiss countries are different. So Schengen visa could be applied only upon receipt of original passport from UK consulate. However, the opposite parties had promptly applied for Schengen visa on receipt of UK visa and passport return from consulate. So the opposite parties cannot be held responsibile for delay in granting visa by the consulate. The consulate has not released the visa of the complainant till 8^th July 2013 due to their internal reasons best known to them . Further as per terms and conditions of the tour, the complainant was required to make full payment 25 days prior to the departure of tour. However, the complainant had not made full payment till 2^nd July 2013. So the complainant is also responsibile for the delay, if any, in the tour programme. He further pointed out that the tickets from Switzerland to London is not available for 15^th July 2013. So the tickets for the complainant from Switzerland to London was booked on 16.7.2013 and he was informed accordingly.

9. From the entire above discussion, we have come to the conclusion that the complainant applied for the tour i.e. got booked the tour as per invitation of the opposite parties from 8^th July to 15^th July 2013 and he submitted the requisite fee/amount with the opposite parties and the balance amount was also deposited by the complainant immediately when the complainant was asked to deposit the balance amount with the opposite parties . The complainant also submitted all the relevant documents with the opposite parties as well as filled in the forms as required by the opposite parties for taking visa of the complainant for Switzerland, France and UK. The opposite party was well aware as to how much time the consulate or the Embassy of the aforesaid countries take time in granting tourist visa as they deal with the tours and travels. The complainant cannot be held responsibile for any delay. Opposite party was bound to get the visa and other documents of the complainant completed well before the start of the tour visa on 8^th July 2013. So due to fault on the part of the opposite parties as they did not act promptly, one day tour of the complainant had been curtailed by the opposite parties. The complainant got booked the tour of Europe from 8^th to 15^th July 2013 but due to fault on the part of the opposite parties as they did not act promptly/ timely, again one day tour of the complainant was curtailed which started from 9^th July 2013 instead of 8^th July and ending on the same day i.e. 15^th July. The opposite parties did not extent the same. Apart from this the opposite parties got Rs. 10000/- from the complainant regarding change in tour and cancellation of tickets, etc. as the complainant was earlier to take the flight from New Delhi, India on 8^th July 2013 at 4.50 a.m, whereas he was forced to depart from New Delhi on 8.7.2013 at 21.50 p.m. Opposite parties charged this amount of Rs. 10000/- from the complainant because of no fault on the part of the complainant as delay in flight as well as curtailing Europe tour of the complainant by one day was due to fault on the part of the opposite parties. Not only this the complainant has told the opposite parties that he had to visit London on 15^th July 2013 and the opposite parties assured that they will get booked the tickets for the complainant for 15^th July 2013 from Switzerland to London. But the opposite parties also failed to do so and got booked the tickets for the complainant from Switzerland to London on 16.7.2013 instead of 15.7.2013 as a result of which the complainant has to change his entire tour of London as he has been deprived of his one day visit of London ; thereby the complainant has suffered financially, mentally and he had to curtail the tour of Europe by one day and also had to miss one day visit to London and had to spend and stay at Switzerland for one day and he had to spend amount on lunch and dinner for 15^th July 2013, due to deficiency on the part of the opposite parties. Not only this the complainant had to pay Rs. 10000/- extra for change in his tour programme of 8^th July 2013 which was also due to deficiency of service on the part of the opposite parties.

10. Resultantly we hold that complainant is entitled to refund of Rs. 10000/- and also entitled to compensation for harassment which the complainant and his wife had to suffer.

11. Consequently we allow the complaint partly with costs and the opposite parties are directed to refund the amount of Rs. 10000/- charged in excess from the complainant. Opposite parties are also directed to pay compensation of Rs. 25000/- and litigation expenses Rs. 2000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

12. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

19.05.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member