Tamil Nadu

North Chennai

CC/70/2023

C.Babu,B.Ushadevi,M.Rani,Lakshmi,& others - Complainant(s)

Versus

M/s.By 2,Travel Pvt Ltd, Rep by its Director,K.Mahendran - Opp.Party(s)

V.Subramani

07 Dec 2023

ORDER

Complaint presented on  :13.03.2023    Date of disposal            :08.12.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G.VINOBHA, M.A., B.L.                            : PRESIDENT

                    TMT. KAVITHA KANNAN,M.E.,                : MEMBER-1

                               THIRU V. RAMAMURTHY, B.A.B.L., PGDLA       : MEMBER II

 

 

C.C. No.70/2023

 

DATED THIS FRIDAY THE 8th  DAY OF DECEMBER 2023

 

1.C.Babu

S/o.Chidambaram,

No.117,Perambur High Road

Perambur, Chennai-600 011

 

2.B.Ushadevi

W/o C.Babu

No.117,Perambur High Road

Perambur, Chennai-600 011

 

3.M.Rani

W/o.Mohan

No.110/86, A.P.Road,

Choolai, Chennai-600 112

 

4.Lakshmi

W/o Dhanasekar

No.15/9, Subburayan 4^th street, 2^nd Lane Namalwarpet,

Perambur Barracks, Chennai-600 012

 

5.M.B.Saideep,

Minor Rep by its Father and Nature Guardian M.Balaji

No.112/86-2, A.P.Road,

Choolai, Chennai-600 112

6. T.Bhuvaneswari

W/o. Thanapathy

No.71/24, Subramani street, near-paddy field road,

Perambur chennai-600 011

 

7.D.Mohanraj

S/o.Duraikannu

No.42/56, Kamala Nagar, 2^nd street

Thiruvottiyur, chennai-600 019

 

8.M.Dhanalakshmi

W/o.Mohanraj

 No.42/56, Kamala Nagar, 2^nd street

Thiruvottiyur, chennai-600 019        

 

9.C.Raviraj

S/o.Chidambaram,

No.2/122A patel road

Perambur chennai-600 011

 

10.R.Ramadevi

W/o.Raviraj

No.2/122A, Patel Road

Perambur, Chennai-600 011

 

11.j.Sarojadevi

W/o.Jothiramalingam

No.16/29 katcheri street salavanpet vellore

Tamilnadu-632 001

 

12.G.Shanmugam,

S/o Ganesan

No.9 Bharathipuram, 2^nd street

Chrompet, Chennai-600 044

 

13.S.Bhavani

W/o.Shanmugam

No.9, Bharathipuram, 2^nd street

Chrompet, Chennai-600 044

 

14.A.ganapathy

S/o.Arumugamuthaliyar

Old No.1/68, New No.6/29

Pillaiyar Kovil Street, Ayyapathangal

Poonamallee, Chennai-600 056

 

15.G.Saraswathi

W/o Ganapathy

Old No.1/68, New No.6/29

Pillaiyar Kovil Street, Ayyapathangal

Poonamallee, Chennai-600 056

 

16.G.kuppamal

W/oN.Govindarajan

Old No.14/1, New No.25

V.P.Colony North Street Ayanavaram

Chennai-600 023

 

17.N.Govindarajan

S/o.Narayana Swamy

Old No.14/1, New No.25

V.P.Colony North Street Ayanavaram

Chennai-600 023

 

 

                                                                                          .. Complainants.                             

..Vs..

 

1.M/s.By 2, Travel Pvt Ltd

Rep by its Director

Dhwarco, Business Centre, Plot No.12C/1 South Phase,

3^rd Cross Street, Industrial Estate

Guindy chennai-600 032

Also at

HI-TECHNO SAI KRISH BLOCK-1

Flat No.S1, Plot No.85, 4^th Main road

CBI Colony, Kandhanchavdi, Perungudi,

Chennai-600 096

 

2.K.Mahendran

S/o.Kesavan

Director, By 2 Travel Pvt Ltd

No.198, 1^st Floor  Chandragandhi Nagar

Bye Pass Road, Madurai-625 016

                                                                                               . ..  Opposite parties.

 

Counsel for the complainant                      : M/s. V.Subramani

Counsel for   opposite parties                   : Exparte

 

ORDER

THIRU. V. RAMAMURTHY, B.A., B.L., PGDLA, MEMBER

          This complaint has been filed by the complainant against the opposite parties under section 35 of the Consumer Protection Act, 2019 prays to directing the Opposite parties to refund the entire advance amount of Rs.3,40,000/- to the complainants with interest of 18%p.a from the date of receipt of the amount to till the date of realization and to pay a sum of Rs.2,00,000/- for complainant for 17 persons in total amount of Rs.34,00,000/-  for mental agony and to pay cost of this complaint.

1.THE COMPLAINT IN BRIEF:

         The complainants submits that they approached the 1^st opposite party in Jan. 2020 for customizing a tour package to Malasia and Cambodia with special request to cover Batu Lord Muruga in Malasia, Angkor Wat Temple and 1000 Lingas in Cambodia and opposite parties staff provided  the package cost and according to that the package costs Rs.41,000/- for each person for 5 days and 4 nights which was acceptable to complainants and accordingly they paid advance on 13.01.2020, 15.01.2020 and 10.02.2020 totalling an amount Rs.3,40,000/-.  The complainants further submit that after receipt of advance payment the opposite parties had issued itinerary for 5 days and 4 nights and the date of travel was fixed as April 2020.  Due to unfortunate event of spread of Noval Corona Virus i.e. Covid-19 and nationwide lock down imposed by Government of India in March 2020, the proposed plan was halted.  The complainants further submits that due to the strict restrictions imposed by Central and State Governments the complainants left with no choice but to claim refund from the 1^st opposite party and accordingly the complainants approached the 1^st opposite party   for refund of advance and the 1^st opposite party stated that they spent the amount in booking tickets for the planned trip but when the complainants asked for the copy of the ticket, it was never shown to the complainants.  The complainants further submits that after lifting of lock down the complainants approached the 1^st opposite party and it was informed to them that ticket prices were hiked and the 1^st opposite party demanded more amount than the package cost and dissatisfied with the reply of the 1^st opposite party, the complainants again requested for the refund of advance amount.  The complainants further submits that inspite of repeated calls and personal visits the 1^st opposite party neither return the advance amount nor arranged the tour.  The complainants further submits that immediately after declaration of lockdown, the complainants left the idea of this tour plan since the complainants are aged about 50 to 60 years and it was not an intentional breach as it was claimed under a pandemic situation that shook the whole world.  The complainants further submits that 1^st opposite party approached complainants informing the same tour plan can be enforced on payment of Rs.15,000/- extra per person and later with no other way the complainants after negotiation were forced to accept the proposal at an additional cost of Rs.8,000/- per person and the total package cost comes to Rs.49,000/- per person.  The complainants submits that on 16^th June 2022 the 1^st opposite party have sent a mail containing itinerary and on seeing the same the complainants shocked to note that the tour does not cover Malasia and the meal plan was also changed from AP Plan to MAP Plan in which the lunch expenses was totally left to the burden of complainants.  The complainants alleged that the additional amount of Rs.8,000/- was agreed for re-scheduling the trip and not to alter anything in the itinerary but the 1^st opposite party without complainants knowledge changed the itinerary by dropping Malasia from the tour programme and also made several modifications in accommodation and food plan.  In addition to that the trip was scheduled in such a way that all the five days are in Cambodia only covering only two temples and rest are sightseeing thus the complainants deprived of spiritual visit.  The complainants further submits that on 19^th June 2022 that they sent an e-mail representation expressing their dissatisfaction and claimed refund but the 1^stopposite party never responded.  The complainants had sent a legal notice on 03.08.2022 seeking refund of advance with 18% interest, compensation of Rs.2,00,000/- for each complainant and Rs.50,000/- towards cost of complaint to each complainant and in the reply notice the 1^st opposite party stated that complainants can join new tour program or willing to return back the advance amount after deducting 60% of the amount which was not acceptable to complainants.  The complainants further submits that again another notice was sent on 21.11.2022 and on receipt of the same, the 2^nd opposite party in their reply on 22.12.2022 stated that after deducting 30% of the advance amount the balance will be returned but the complainants have not accepted the same.  The complainants further submit due to non-refund of advance amount, the complainants have been put to heavy mental turmoil, physical suffering, mental agony, losing valuable time and monetary loss in turn which is affected health and business.  The above activities of opposite parties are amounting to deficiency in service and negligence and hence the opposite parties are liable to pay compensation of Rs.2 Lakhs to each complainant and refund of Rs.3,40,000/- paid as advance amount.  Hence this complaint.

2. WRITTEN VERSION OF OPPOSITE PARTY IN BRIEF:

Notice served to opposite parties.  Despite receipt of notice the opposite parties did not responded and hence set ex-parte.

3. POINTS FOR CONSIDERATION:

1. Whether there is any unfair trade practice and deficiency in service on the part of the opposite parties as alleged in the complaint?

2. Whether the complainants are entitled to the reliefs prayed in the complaint. If, so to what extent?

The complainants had filed proof affidavit, written arguments and documents Ex.A1 to Ex.A10 were marked on their side.Oral argument of the learned counsel for complainant heard.The opposite parties remained ex-parte.

4. Point No.1:-

The complainants submits that they approached the 1^st opposite party in Jan. 2020 for customizing a tour package to Malasia and Cambodia with special request to cover Batu Lord Muruga in Malasia, Angkor Wat Temple and 1000 Lingas in Cambodia and opposite parties staff provided the package cost and according to that the package costs Rs.41,000/- for each person for 5 days and 4 nights which was acceptable to complainants and accordingly they paid advance 3 instalments totalling an amount Rs.3,40,000/-.  The complainants further submit that after receipt of advance payment the opposite parties had issued itinerary for 5 days and 4 nights and the date of travel was fixed as April 2020.  Due to unfortunate event of spread of Noval Corona Virus i.e. Covid-19 and nationwide lock down imposed by Government of India in March 2020, the proposed plan was halted.  The complainants alleged that due to the strict restrictions imposed by Central and State Governments the complainants left with no choice but to claim refund from the 1^st opposite party and accordingly the complainants approached the 1^st opposite party  for refund of advance and the 1^st opposite party stated that they spent the amount in booking tickets for the planned trip but when the complainants asked for the copy of the ticket, it was never shown to the complainants.  The complainants further alleged that after lifting of lock down the complainants approached the 1^st opposite party and it was informed to them that ticket prices were hiked and the 1^st opposite party demanded more amount than the package cost and dissatisfied with the reply of the 1^st opposite party, the complainants again requested for the refund of advance amount.  The complainants further alleged that inspite of repeated calls and personal visits the 1^st opposite party neither return the advance amount nor arranged the tour.  The complainants further alleged that 1^st opposite party approached complainants informing the same tour plan can be enforced on payment of Rs.15,000/- extra per person and later with no other way the complainants after negotiation were forced to accept the proposal at an additional cost of Rs.8,000/- per person and the total package cost comes to Rs.49,000/- per person.  The complainants alleged that on 16^th June 2022 the 1^st opposite party have sent a mail containing itinerary and on seeing the same the complainants shocked to note that the tour does not cover Malasia and the meal plan was also changed from AP Plan to MAP Plan in which the lunch expenses was totally left to the burden of complainants.  The complainants alleged that the additional amount of Rs.8,000/- was agreed for re-scheduling the trip and not to alter anything in the itinerary but the 1^st opposite party without complainants knowledge changed the itinerary by dropping Malasia from the tour programme and also made several modifications in accommodation and food plan.  In addition to that the trip was scheduled in such a way that all the five days are in Cambodia only covering two temples and rest are sightseeing thus the complainants deprived of spiritual visit. The complainants further alleged that on 19^th June 2022 that they sent an e-mail representation expressing their dissatisfaction and claimed refund but the 1^st opposite party never responded.  The complainants had sent a legal notice on 03.08.2022 seeking refund of advance with 18% interest, compensation of Rs.2,00,000/- for each complainant and Rs.50,000/- towards cost of complaint to each complainant and in the reply notice the 1^st opposite party stated that complainants can join new tour program or willing to return back the advance amount after deducting 60% of the amount.  The complainants further alleged that another notice was also sent on 21.11.2022 and on receipt of the same, the 2^nd opposite party in their reply on 22.12.2022 stated that after deducting 30% of the advance amount the balance will be returned but the complainants have not accepted the same. 

We have carefully gone through the averments and documents submitted by the complainants and the oral argument of the learned counsel for complainants.  Admittedly the complainants had approached the 1^st opposite party for tour package to Malasia and Cambodia which includes visit to Batu Lord Muruga in Malasia, Angkor Wat temple and 1000 Lingas in Cambodia.  The rate of package was fixed as Rs.41,000/- per person for 5 days and 4 nights and the complainants had paid a sum of Rs.3,40,000/- in three installments as evidenced from Ex.A1 to A3.  On perusal of Ex.A4, it is observed that the tour package was for 5 days and 4 nights and it includes Accommodation on 3 star hotels (Cambodia) with breakfast, sightseeing as per itinerary, All Airport-Hotel-Airport transfers in private basis Malasia & Cambodia, All Sight-seeing Transfers SIC Basis, Entrée tickets as per itinerary, Lunch & Dinner at Malasia & Cambodia, Up/Down Flight and Malasia Visa.  It is observed from Ex.A5, that the rescheduled package trip was for 5 days and 4 nights for Cambodia alone and the rate was fixed at Rs.49,000/- per person which includes Meals-MAP Plan, Sightseeing as per itinerary, Airport pick up and drop, Hotel in sharing Triple room basis with breakfast, All ground transfers as itinerary basis on private, Meals as mention in program with Indian Food, Boat trip at the Great Lake, Sightseeing & Entrance fees as itinerary, English speaking guide, Bus ticket from PNH-REP and onward return flight.  From the averments of the complainants, it is observed that 1^st opposite party had demanded an additional amount of Rs.15,000/- each and after negotiation it was agreed for Rs.8,000/- each and the total cost for each person would be Rs.49,000/- for rescheduled trip.  It is also observed that on perusal of Ex.A10, the 2^nd opposite party had admitted that they demanded an additional amount of Rs.17,000/- each for Cambodia trip.   Further from the averments of the complainants it is observed that complainants had agreed with additional amount of Rs.8,000/- each only for rescheduling the trip and not for altering the itinerary.  But on comparison of Ex.A4 and A5, it is observed that opposite parties had changed the tour itinerary by dropping Malasia, from the tour programme dragged the plan for 5 days and 4 nights at Cambodia itself and also made several changes in food and other charges thus left to the burden of the complainants without the knowledge and concurrence of the complainants.  Dissatisfied with the actions of the opposite parties, the complainants had sent an e-mail representation on 19 June 2022 which is marked as Ex.A6, demanding refund of advance amount of Rs.3,40,000/-.  In the absence of any response, the complainants had sent a legal notice on 03.08.2022 demanding refund of Rs.3,40,000/- with 18% interest from the date of receipt of payment, compensation of Rs.3,00,000/- to each person and legal expense of Rs.50,000/- to each person which is marked as Ex.A7.  Whereas the 1^st opposite party in their reply notice dated 10.09.2022 which is marked as Ex.A8 stated that they are ready to arrange tour at new rates or ready to repay the advance after deduction of 60% of advance amount.   Dissatisfied with the reply notice, the complainants again sent a legal notice to opposite parties on 21.11.2022 demanding an amount of Rs.6,40,000/- as evidenced inEx.A9.  It is observed from Ex.A10, the reply notice dated 22.12.2022 by 2^nd opposite party wherein the 2^nd opposite party contended that advance amount was paid 3 years before and now the cost of travel had increased.  As per the terms and conditions 30% of the amount will be deducted towards the cancellation of strip.  The 2^nd opposite party further contended that part of the advance amount was given to other foreign travel agencies, hotel and lodging and due to cancellation of trip the above foreign agencies were refused to return the amount and they are ready to carry out the earlier trip which was cancelled subject to payment of additional amount or ready to refund the advance amount after deducting 30% from the advance amount.  Whereas it is observed from the averments of the complainants that when the complainants demanded details of tickets booked, the opposite parties have not responded.  By virtue of CMP32/23 single complaint has filed on behalf of 17 persons.

From the above facts, it is observed that the tour package was cancelled due to unfortunate Covid 19 and restrictions by governments and not by the actions of complainants.  When the complainants demanded full refund of advance amount, it was the opposite parties instead of refunding advance amount proposed rescheduled trip with an additional amount of Rs.8,000/- per person which was agreed by the complainants but the opposite parties without the knowledge and concurrence of complainants had planned a new trip to Cambodia alone dropping Malasia from the itinerary and also made many changes in other facilities thus burdened more on complainants.  For no fault on the part of complainants, the complainants are put to severe hardship by depriving the most aspiring spiritual visit to Malasia due to rescheduling the trip and further deduction to the extent of 60% from the advance for refund. Though in the reply notice the opposite party contended that as per the terms and conditions 30% of the amount will be deducted towards cancellation the said terms and conditions is not filed before this commission further there is no proof to show that the amount paid by the complainants where given to other foreign travel agencies towards hotel and lodging booking. Based on the above observations and in the absence of the contra evidence  of the opposite parties, we are of the considered opinion, that the above actions of the opposite parties clearly proved unfair trade practice and deficiency in service on the part of opposite parties. Therefore, the complainants are entitled for the reliefs prayed in the complaint.  Point No.1 is answered accordingly.

Point No.2:

         

Based on the findings given to the PointNo.1,since there is unfair trade practice and deficiency in service is observed on the party of opposite parties, the complainants are entitled for refund of advance amount of Rs.3,40,000/- with interest at 9% p.a from 10.02.2020 till date of payment and also each complainant is entitled for compensation of Rs.5000/-(Total Rs.85,000/-) for unfair trade practice and deficiency in service and cost of complaint.  Point No.2 is answered accordingly.

           In the result the complaint is partly allowed.  The opposite parties jointly or severally directed to pay to complainants the advance amount of Rs.3,40,000/- with interest at 9%p.a  from 10.02.2020,till date of payment and to pay Rs.5000/- to each of the complainant (Total Rs.85,000/-) towards compensation for unfair trade practice and deficiency in service and Rs.5,000/- towards cost of this complaint.  The above amount shall be paid to the Complainants within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.

Dictated  by Member II to the Steno-Typist taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 8^th day of December 2023.

 

MEMBER I                                  MEMBER – II                           PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	13.01.2020	Invoice No.21 issued by the 1st opposite party
Ex.A2	15.01.2020	Invoice No.24 issued by the 1st opposite party
Ex.A3	10.02.2020	Invoice No.31 issued by the 1st opposite party
Ex.A4		Schedule of program issued by the 1st opposite party
Ex.A5	16.06.2022	Email sent by the 1st opposite party to the complainants
Ex.A6	22.09.2022	Email sent by the complainants to the 1st opposite party
Ex.A7	03.08.2022	Legal Notice sent by the complainants to the opposite parties
Ex.A8	10.09.2022	Reply notice given by the opposite parties to the complainants
Ex.A9	21.11.2022	Representation given by the 1st complainant to the opposite parties
Ex.A10	22.12.2022	Reply notice given by the opposite parties to the complainants

 

 

 

 

 

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY:

No documents

 

MEMBER – I                         MEMBER – II                       PRESIDENT