BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.314/2018

DATED ON THIS THE 29^th August, 2019

      Present:   1) Sri. C.V.Maragoor

B.Com., L.L.M., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri C.V.MARAGOOR,

President

1.       This complaint is filed by Smt.H.Sarswathi Raghavan and Dr.H.R.Vanisri residents of Mysuru to direct the opposite parties Mr. Pradeep Nambiar, Cox and Kings Limited, Mysuru and M/s Meher Gota, Cox and Kings Limited, Mumbai to refund at least 75% of the amount of Rs.86,000/- paid by them i.e. Rs.64,500/- for cancellation of tour booking.
2.      The complainants have booked with opposite party No.1 for American Sojourn summer 2018 tour dated 17.06.2018 by paying Rs.6,000/- on 06.03.2018 as reservation amount and Rs.80,000/- as booking charges.  The complainants have applied for VISA and the VISA of first complainant Smt.H.Saraswathi Raghavan was approved but VISA of the second complainant was in administrative processing. The complainant No.2 VISA was not approved till travel date 17^th June, 2018.  The complainants have not made payment of the balance amount of the travel charges as per the terms and conditions of the tour as such, the opposite parties have cancelled the booking on 22.05.2018 and intimated the complainants accordingly. The complainant No.2 had obtained VISA on 19.06.2018 and requested the opposite parties to reschedule their USA tour.  The opposite parties have refused to accommodate their requests nor refunded booking amount of Rs.80,000/-.  Hence, this complaint.
3.       The opposite parties have filed written version admitting that the complainants have reserved for USA tour on 06.03.2018 and paid booking charges of Rs.80,000/-.  The complainants have to pay the balance tour amount before 60 days of the tour schedule but in spite of the remainders they have failed to pay the balance tour amount of Rs.3,00,000/- and odd.  At the time of booking total tour cost per person including GST was approximately Rs.2,21,549/- and for both complainants it would have been Rs.4,43,098/-.  But, the complainants only made partial payment of Rs.86,000/- against the total cost of Rs.4,43,098/-.  The complainants were required to make payment of the balance tour cost 60 days prior to the departure i.e. on or before 18.04.2018.  The booking amount is non-refundable as per terms and conditions of the tour contract or agreement.  The opposite parties have cancelled the tour of the complainants since they have failed to adhere to the terms and conditions of the contract by paying balance tour amount within 60 days prior to the departure.  Therefore, the complainants are not entitled for any amount as alleged in the complaint.   The next contention of opposite parties is that this Forum has no territorial jurisdiction.  On the above grounds, the opposite parties asked to dismiss the complaint.
4.       The first complainant filed her affidavit in lieu of evidence and produced E-mail correspondence made with the opposite parties for refund of the booking amount. On behalf of opposite parties, one M.Raghupathi, Principal Officer and authorized signatory of the opposite parties filed affidavit and got marked Exhibits R.1 to R.17 documents.
5.      We have heard the arguments advanced by the complainant No.1 and learned counsel for the opposite parties and the points that would arise for determination are as under:-  

1. Whether the opposite parties prove that this Forum has no territorial jurisdiction to entertain and decide the complaint?
2. Whether the complainants prove that the act of opposite parties not refunding the booking payment amounts to deficiency in service?
3. Are complainants entitled to the reliefs sought for?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative

Point No.2 :- In the negative;

Point No.3 :- In the negative for the below;

:: R E A S O N S ::

7.         Point Nos.1 to 3:- It is the contention of opposite parties that the complainants have agreed to the jurisdiction at Mumbai as such this Forum is not having territorial jurisdiction.  The complainants have reserved and booked at Mysuru and paid the amount at Mysuru to the opposite party No.1.  According to Section 11 of the C.P.Act branch office of opposite party No.2 is at Mysuru as such, this Forum is having territorial jurisdiction to entertain and decide the complaint.
8.          The opposite parties have not disputed payment of Rs.6,000/- for reservation of tour and payment of Rs.80,000/- as booking amount in the month of March, 2018.  The complainant No.1 submitted that the opposite parties did not allow them for alternative schedule tour to USA.  It is admitted by complainants that the complainant No.2 did not get VISA even after schedule tour fixed on 17.06.2018 but she has obtained VISA on 19.06.2018 two days after the schedule tour.  The complainants have not requested the opposite parties to cancel their tour as the complainant No.2 is not getting VISA on time.  It is admitted by the complainants that they have not paid balance tour amount in terms of the agreement. The complainants have paid total sum of Rs.80,000/- as booking amount.  The opposite parties have served Ex.R.10 booklet of the terms and conditions of the tour. The complainant No.2 has signed on each page of booklet contained 30 pages. The payment schedule for “Dhuniya Dheko” mentioned on page No.10 of Ex.R.10 booklet of the terms and conditions for 2018-19.  Sl.No.1 pertains to unsecured reservation fee per person Rs.3,000/- and that has to be paid immediately upon booking.  Sl.No.2 pertains to interest free non-refundable booking amount for Europe, Scandinavia, USA, Australia and Newzealand Tour Rs.40,000/- per person has to be paid immediately or within 10 days of booking date.  Sl.No.5 says that balance payment for USA, Australia and Newzealand tour as per the selected tour payment has to be made before 60 days from the departure of tour. The terms and conditions of payment schedule itself indicates that booking amount of Rs.40,000/- per person for USA tour is non-refundable.  Page No.16 of Ex.R.10 contained cancellation charges per person.  According to this schedule, cancellation charges is Rs.80,000/- since the complainants did not inform the opposite parties to cancel the tour since the complainant No.2 did not get VISA before the schedule tour date. 
9.          The complainants have admitted the terms and conditions before making payment of booking amount of Rs.80,000/- for them on 16.03.2018.  According to the terms and conditions as agreed by the complainants booking amount is non-refundable.  The complainants have not intimated the opposite parties to cancel their tour since the complainant No.2 did not secure or obtain VISA on time.  If the complainants had intimated well in advance and paid the partial or entire tour amount the opposite parties would have agreed for re-schedule of the tour date if it is convenient to the complainants. The complainants have not sought time to make balance payment of the amount as per the terms and conditions of Ex.R.10.  Therefore, there is no deficiency in service on the part of opposite parties for non-refunding booking amount of Rs.80,000/- or part thereof.  Accordingly,  we proceed to pass the following

:: ORDER ::

1. The complaint filed by the complainants Smt.H.Saraswathi Raghavan and Dr.H.R.Vanisri is hereby dismissed without costs.
2. Furnish the copy of order to the complainants and opposite parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 29^th August, 2019)