cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 26th day of September 2012
Filed on : 08-03-2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 138/2011
Between
1. Purushothaman K Kittan : Complainants
Kalluparambil house, (By Adv. K.P. Suresh Kumar,
P.O. Kambalakad, Kalpatta, T-17,Empire Building, Old
Wayanad. Railway Station Road, Near
2. Sarasa A.P., High Court of Kerala,
W/o. Purushothaman, Ernakulam, Kochi-18)
Kalluparambil house,
P.O. Kambalakad,
Kalpatta, Wayanad.
And
1. Royal Omaniya Tours and Travels : Opposite parties
Pvt. Ltd., Rep. by the Manager,
Palal Towers, Ravipuram, (By Adv. K.J. Kuriachan,
M.G. Road, Cochin. 36/3081A, Udaya Nagar,
Kaloor, Kochi-11)
2. Royal Omania Tours and Travels
Pvt. Ltd., Rep. by the Managing
Director, Flat No. 3D,
F8 and Block 188,
Poonamalle High Road,
Kilpauk, Chennai-600 010.
O R D E R
A Rajesh, President.
The case of the complainants’ is as follows:
The complainants are husband and wife Lured by the advertisement of the opposite parties. the complainants booked a tour programme by name “Best of our Europe tour” with the opposite parties for the period from 23-04-2010 to 06-05-2010 including travel, food accommodation etc. the opposite parties agreed to obtain requisite visa, hotel and other bookings as part of the package. The opposite parties offered to provide all these for a charge of Rs. 1,65,000/- per person. The complainants paid an amount of Rs. 1 lakh as advance on 08-03-2010. Thereafter the complainants handed over the required documents for their travel to the opposite parties. Later the opposite parties informed the complainants to get ready for the joining on 23-04-2010. On 23-04-2010 the complainants were shocked to hear that they can’t be accommodated in the trip, and they could travel in the same package starting on 18-05-2010. Again all the documents required by the opposite parties were submitted. Though the complainants prepared for the trip as they were again told that they could not be taken and that in the near future they would be taken on another trip. At that juncture the complainants demanded the opposite parties to return the advance amount . After several visits the opposite parties refunded Rs. 68,000/- by retaining Rs. 32,000/- illegally. The complainants have also spent Rs. 15,000/- towards travel and accommodation from Wayanad to Ernakulam and back and they have also suffered mental pain and agony and also entitled to get Rs. 25,000/- towards the same. The complainants caused to issue a registered lawyer notice to the opposite parties highlighting their grievances . The 1st opposite party received the notice and the notice of the 2nd opposite party was returned stating unclaimed. The opposite parties sent a reply stating untenable contentions. So the complainants are before us seeking direction against the opposite parties to refund Rs. 32,000/- and to pay Rs. 15,000/-towards traveling expenses and Rs. 25,000/- towards compensation and costs of the proceedings.
2. The version of the opposite parties.
The complainant booked to participate for the European tour for the period from 23-04-2010 to 06-05-2010. The opposite parties received a sum of Rs. 1,00,000/- by way of advance on 08-03-2010. At the time of booking the opposite parties had informed the complainants that the proposed trip could be undertaken only if the Embassy issues visa and the issuance of visa is the absolute discretion of the Embassy. This fact is mentioned in the brochure supplied to the complainants. Visa fees, insurance amount are not refundable even if the journey is not undertaken on account of denial of visa. Other expense such as air tickets hotel accommodation charges are also not fully refundable. The complainants have not supplied all the required documents for the purpose of applying for visa. The opposite parties applied for visa with the documents supplied by the complainants through French Consulate Pondichery. They denied visa for the complainants. After obtaining instruction from the complainants the opposite parties again applied for visa for the trip proposed from 18-05-2010 which was also rejected by the Embassy. The opposite parties have also expended amounts for air tickets, insurance, hotel accommodation etc. The opposite parties refunded Rs. 68,000/- after retaining Rs.32,000/- which is the actual non-refundable visa fees. There is no deficiency in service on the part of the opposite parties. The complainants are not entitled to get any of the reliefs claimed for.
3. The 1st complainant was examined as PW1 and Exts. A1 to A6 were marked. The witness for the opposite parties was examined as DW1 and Exts. B1 to B5 were marked. Both sides filed argument notes.
4. The points that arose for consideration are
i. Whether the complainants are entitled to get refund of Rs.
32,000/- from the opposite parties?
ii. Whether the opposite parties are liable to pay Rs. 15,000/-
towards travel and stay expenses and Rs. 25,000/- towards
compensation?
iii. Whether the opposite parties are liable to pay costs of the
proceedings to the complainants. ?
5. Point No. i. The following issues undisputed are as follows:
a. The complainants booked a tour programme by name “Best
of Europe Tour” with the opposite parties for the period from 23-04-2010 to 06-05-2010.
b. The cost of the tour agreed between the parties was Rs.
1,65,000/- per person.
c. the complainants paid a sum of Rs. 1,00,000/- to the
opposite parties as advance.
d. The visa application of the complainants submitted through
the opposite parties were rejected by the Embassy for no
fault of the complainants.
e. The second visa application of the complainants for the trip
commencing from 18-05-2010 too were rejected for no
further reasons explained by the opposite parties.
f. The opposite parties refunded only an amount of Rs.
68,000/- out of Rs. 1,00,000/-.
6. According to the opposite parties they had to expend more than the advance amount of Rs. 100,000/- towards other expenses such as purchase of air tickets, insurance, booking of hotel etc. They stated that though the advance amount is non refundable as a gesture of good will they refunded Rs. 68,000/- after retaining the amount of Rs. 32,000/- which is the actual non refundable visa fees.
7. It is to be noted that the opposite parties did not produce any document issued from the Embassy to show the actual reasons for the rejection of the visa applications of the complainants on two occasions. Neither have they produced anything as to an expense on account for the same. Such document did not see the light of the day in this Forum for the reasons not stated which question is still answerable by the opposite parties.
8. In no way the liability of rejection of the visa application can not be fastened on the complainants especially since they had undertaken the responsibility of arranging visa as per their offer. It is also note worthy that in none of the documents have the opposite parties stated that amounts collected by them are nonrefundable which construes a stricture against them in natural law. The complainants vehemently and categorically went to state positively that they would not have opted to join the tour if the opposite parties had disclosed the non refundability of the amounts on any account which goes to show that the complainants had fully believed in the assurances of the opposite parties wherein action they seem to have dishelfed certain facts. It may not be out of place to infer that the complainants herein had been taken in by the “royalty’ of the nomenclature of the opposite parties. However no stretch of imagination can it be endowed that such expectant suxegenarians had been brought to their expectations at naught. For reasons stated above nothing prevents us from coming to a conclusion as to not award the complainants claim for the balance amount of Rs. 32,000/-.
9. Points Nos. ii & iii. The mental agony has not been explained for worth the candle which calls for compensation and costs of the proceedings. We fix it at Rs. 5,000/-. The ends of justice having been not for reasons discussed above and affirmed.
10. In the result, we partly allow the complaint and direct as follows:
i. The opposite parties shall jointly and severally refund Rs. 32,000/- to the complainants.
ii. The opposite parties shall jointly and severally pay Rs. 5,000/- to the complainants towards compensation and costs of the proceedings.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order failing which the amounts shall carry interest @ 12% p.a. till realization.
Pronounced in the open Forum on this the 26th day of September 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of profile of opposite party
A2 : Copy of itinerary of the
tour programme.
A3 : Copy of receipt dt. 08-03-2010
A4 : Legal notice dt. 04-01-2011
A5 : Undelivered regd. Letter
A6 : Reply notice dt. 22-01-2011
Opposite party’s Exhibits : :
Ext. B1 series : copies of series of passport
B2 : Copy of details of visa
B3 : Copy of proforma invoice
B4 : Copy of main identity
A5 : Power of attorney
Depositions:
PW1 : K.K. Purushosthaman
DW1 : Joychan
