DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Wednesday the 8th day of December 2021
C.C. 93/2017
Complainant
V. Asokan
Senior Manager
Federal Bank.P.O.
Kozhikode – 6673 301
(By Adv. Sri. Narayanan.K.K)
Opposite Party
M/s. Indian Wing Holidays
GIB Netage Arcade Church Landing Road
Pallimukku, Kochi – 682 016.
(By Adv. P.V. Santhosh & Divya B. Nair)
ORDER
By Sri. V. BALAKRISHNAN – MEMBER
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
2. The case of the complainant, in brief, is as follows:
The complainant was working as Senior Manager in the Federal Bank, Chaliyam Branch. He and other 3 family members booked a tour package to Malaysia and Singapore with the opposite party which was scheduled from 27/12/2016 to 02/01/2017 at an agreed cost of Rs.67,500/- per person including Visa arrangement and stamping. An amount of Rs.80,000/- was paid in advance on 05/11/2016. In the second week of December 2016, the opposite party intimated their inability to obtain the Visa, stating heavy rain and cyclone in Chennai and closure of Consulate offices for a few days and further informed postponing of the scheduled tour for the days from 24/01/2017 to 30/01/2017. Even though it caused inconvenience for whole family members, it was reluctantly agreed by the complainant . The opposite party again intimated postponement of travel dated to 25/01/2017 to 31/01/2017 citing the reason as non availability of hotel rooms in Malaysia. The re scheduled programmed was agreed by the complainant at a revised rate of Rs.64,0000/- per head. The balance amount 1,76,000/- was paid on 13/01/2017. On 21/01/2017 he received an e-mail and then after a few hours a phone communication asking them to attend Malaysian Consulate at Chennai for Visa process at 10 AM on 23/01/2017. In short notice, they could not attend the consulate and their plan to go by flight to Chennai did not materialise. Hence the complainant has to forego tour to Malaysia and reluctantly decided to join for Singapore trip only.
3. After several e-mails and reminders on 23/01/2017 the opposite party send revised intermarry without mentioning any refund or addition. After two days opposite party demanded Rs.80,000/- and later agreed for Rs.52,000/- which was paid by complainant on 27/01/2017. When the complainant reached the hotel at Singapore in which opposite party had arranged stay, they refused to admit for non receipt of advance room rent and other charges from the opposite party. There was much inconvenience in the stay at Hotel and in whole trip at Singapore. They were forced to contribute Rs.3,000/- each to arrange the final day programme as the opposite party has cancelled the same. Thus the holiday trip was hazardous, tedious, monotonous and boring because of the poor planning and deficiency of service of opposite parties. The complainant wants to get back the excess amount of Rs.1,08,000/- which in over and above normal charge of Singapore trip in general and to get back Rs.12,000/- spent on the last day programme and to get back Rs.4,000/- the money lost due to railway Tatkal ticket cancellation, total being Rs.1,24,000/- and Rs.1,00,000/- towards compensation for physical and mental agony.
4. The opposite party filed his version denying all the averments and allegations in the complaint except those which are specifically admitted. The opposite party admitted the fact that complainant had booked this package tour for his family with 4 members to be started on 27/12/2016 and had given an advance amount of Rs.80,000/- on 05/11/2016. The cost of package tour was also agreed by the complainant as Rs.67,500/-. The postponement of tour was as a result of the cyclone in Chennai and closure of Consulate due to it. After due discussion and consent of the complainant, the date was postponed to 25/01/2017. The further postponement was because of the reluctant acts of complainant, his son and daughter to attend visa interview at Chennai. The other 10 members of the group attended the interview at Chennai. The opposite party had made all arrangements for their trip to Malaysia and Singapore and spent amounts for their travel, food and accommodation etc. The complainant and family could not start along with other members of the group only because of their own reluctant acts and opposite party is in no way responsible for that. It was agreed by the complainant that they would bear the expenses of Kochi - Singapore air ticket and other connected expenses till they join the team at Singapore. Also the opposite party denied that the evening programme was cancelled by him and tour was conducted as per ternary. The opposite party also denied the allegation that some of the participants of the tour filed complaints before the Commissioner of Police, Ernakulam. Opposite party also states that there is no real cause of action for the complainant to file the case and same is filed on experimental basis to grab money from opposite party and is liable to be dismissed.
5. The points that arise for determination in this case are:
(1) Whether there was any deficiency of service from the
part of the opposite parties, as alleged?
(3) Reliefs and costs .
6. Evidence in this case consists of the oral evidence PW1 and Exhibits A1 to A29 on the side of the complainant. The opposite party did not adduce any evidence.
7. Heard.
8. Point No.1 : In order to substantiate his case, the complainant got himself examined as PW1. PW1 has filed proof affidavit and deposed in terms of averments in the complaint.
9. The original tour programme was scheduled to begin on 27/12/2016 and it was accepted by both complainant and opposite parties. It is an admitted fact by both the parties that postponement of whole trip happened because of closure of consulate office at Chennai due to cyclone. Neither the complainant nor the opposite parties are responsible for such an act of God and all members of tour programme had to face the same difficulty due to cycle effect. The postponement was due to reason beyond the control of opposite party. So no deficiency of service can be attributed to opposite party for this postponement.
10. Exhibit A4 is the e-mail sent by the opposite party to the complainant on 21/01/2017 requesting to attend the Visa interview at Malaysian consulate at Chennai on 23/01/2017. In the Ext. A4 it is clearly shown that along with the complainant total 13 members in tour programme were instructed to attend the VISA interview. In the cross examination of PW1 it is admitted that opposite party had made vehicle arrangement from Ernakulam to Chennai for VISA interview. The opposite party while booking ticket was also aware of that he has to go to Chennai for VISA interview. From Ext.A5 it is clear the complainant expressed his inability to travel to Chennai for VISA interview because of back pain. It is true that there was short notice. It was so, for others also. It may be noted that the trip was a rescheduled one. Being a rescheduled trip the time given for stamping of VISA might be short period and party had to act as per short notice. Also all other members called for VISA interview could manage to get VISA during this short notice period. That being the position. The opposite party cannot be found fault with on this aspect also.
11. In this version, the opposite party has admitted that complainant and family went directly to Singapore and they reached early and had to wait their till the group reached from Malaysia. So it is an admitted fact that the complainant had to wait for long time for joining the group. The contention that it was informed earlier to opposite party is not an excuse and as a responsible tour operator sufficient arrangements should have been made by opposite party for their occupancy till the other members in the group joined them. It is also a clear fact that the ticket booking for rescheduled trip to Singapore for the complainant was done by the opposite party. This amounts to deficiency of service which has resulted in inconvenience and hardship to complainant and family.
12. Ext.A9 in the revised itinerary send by opposite party by e-mail on 23/014/2017. On the day first, second and third attached programme shows evening trip also. On all he days it is stated in bold letters “Breakfast, Lunch and Dinner” . From Ext. A18 it is clear that the representative of India wings had undertaken that the amount collected would be returned soon on reaching Kochi and collected amount was part of tour expenses. So the opposite party is liable to refund the amount to the complainant as undertaken. The non return of amount so collected also amounts to deficiency of service.
13. Due to deficiency of service on the part of the opposite party, the complainant and family were stranded in Singapore and they had to wait for long time. Undoubtedly the act of opposite party had caused mental agony and hardship. To the complainant for which he is entitled to be compensated adequately by considering the entire facts and circumstances of the case, we are of the view that a sum of Rs.20,000/- will be reasonable compensation in this case. The complainant is also entitled to get refund of an amount of Rs.12,000/- collected from him as per Ext. A 18 and Rs.2,000/- as cost of court proceedings.
14. Point No.2 :
In the light of findings of above points the complaint is disposed of as follows.
(a) CC.93/2017 is allowed in part.
(b) The opposite party is directed to refund Rs.12,000/- collected from the complainant as per Ext. A.18
© The opposite party is directed to pay a sum of Rs.20,000/- to the complainant as compensation for the mental agony and hardship suffered.
(d) The opposite party is directed to pay Rs.2,000/-
As cost of proceedings to the complainant.
(e) The order shall be complied within 30 days from the date of receipt of copy of this order.
Pronounced in the open commission on this the 8th day December 2021.
Date of Filing: 10/03/2017. Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of e-mail letter from Federal Bank to India wings
Ext. A2 – Copy of letter from India wings Holidays
Ext. A3 – Copy of e-mail letter from Federal Bank .
Ext. A4 – Copy of e-mail letter from Federal Bank dt 23.01.17
Ext. A5 – Copy of e-mail letter from Federal Bank dt 23.01.17
Ext. A6 – Copy of e-mail letter from Federal Bank dt 23.01.17 .
Ext. A7 – Copy of e-mail letter from Federal Bank dt 23.01.17 .
Ext. A8 – Copy of e-mail letter from Federal Bank dt 23.01.17 .
Ext. A9 – Copy of revised itinerary
Ext. A10 – Copy of e-mail letter from Federal Bank dt.01.02.17
Ext. A11– Copy of request details
Ext. A12 – Copy of e-mail letter from Federal Bank dt 23.01.17
Ext. A13 – Copy of e-mail letter from Federal Bank dt 09.01.17 .
Ext. A14 – Copy of request details
Ext. A15 –Copy of travelling bill from India wings travels dt 7.2.17
Ext. A16 –Copy of travelling bill from India wings travels dt 7.2.17
Ext. A17 –Copy of travelling bill from India wings travels dt 7.2.17
Ext. A18 – Copy of receipt
Ext. A19. – Copy of Lawyer Notice
Ext. A20 - Copy of postal receipt
Ext. A21 – Copy of Acknowledgement cards
Ext.A22 - Copy of Bank account details
Ext. A23 – Copy of Bank account details
Ext. A24 - Copy of remittance details
Ext. A25 – Copy of Hotel stay details
Ext. A26 - Copy of details of pacakge
Ext. A27. – Copy of Manorama daily classifieds
Ext. A28 - Copy of Manorama daily 13th June 2018
Ext. A29 – Copy of letter addressed Commissioner of Police
Exhibits for the Opposite Parties
Nil –
Commission Exhibits
Nil
Witnesses for the Complainant
PW1 – Asokan - (Complainant)
Witnesses for the opposite parties
Nil
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
Forwarded/By Order
Senior Superintendent
