PER SHRI. S. G. CHABUKSWAR – HON’BLE  MEMBER

1)        By this complaint the Complainants have prayed for the reliefs against the Opposite Party for refund of Rs.4,08,000/- of booking of tour, Rs.5,00,000/- towards compensation for mental agony.  Total Rs.9,08,000/- with interest thereon @ 18% p.a. and cost of complaint.

2)        The case of the Complainants is that, they are the residents of Mululnd (West), Mumbai- 400 080/-.  Opposite Party is carrying business of tours and travels.  In the month of May, 2008 they had obtained brochure namely “EUROPEAN HOLIDAYS” from the Opposite Party.  They had selected tour named Grand Europe Tour which was of 20 nights and 21 days.  The Opposite Party had quoted the price of said tour Rs.2,23,999/- per person on twin sharing basis ex-Mumbai.  However, Opposite Party agreed to give discount in the scheme and offered a price of Rs.2,03,999/- per person for the tour known as Grand Europe of 20 nights and 21 days on immediate payment of amount.  The said tour price was inclusive of visa, airfare and insurance charges.  Opposite Party had requested the Complainants to pay Rs.11,250/- by cash towards the visa fee.  The Complainants agreed for the said tour and they paid Rs.1,98,375/- each by different two cheques dtd.30/05/2008. They also paid Rs.11,250/- each by cash towards visa fees.  Opposite Party issued to the Complainants payment receipts, air tickets and mediclaim polices.

3)        The further case of the Complainants is that, Opposite Party placed them in another European tour namely Grand European Discovery which was of 15 nights/16 days.  The Complainants had demand the refund of entire amount of booking tour Rs.4,08,000/- but Opposite Party refused for the same and compelled them to join the tour of Grand European Discovery.  The Complainants had no other option but to joint the tour of Grand European Discovery otherwise entire amount paid by them would have been forfeited by the Opposite Party. 

4)        The further case of the Complainants is that, Opposite Party handed over them copies of tour programme at Paris. The Opposite Party had promised to the Complainants that the cities/places not covered under the Grand European Discovery and covered under the Grand Europe will be shown to the Complainants at no extra costs, but the Opposite Party failed and neglected to took the Complainants at near about 16 places of Switzerland, Italy, Paris and Nice. The Complainants had requested to the tour Manager of Opposite Party for sightseeing of the said places but he neglected to make arrangement for the same.

5)        According to the Complainant, the hotels and food/meals offered in Grand Europe tour were of more quality than what was offered in Grand European Discovery. Opposite Party has not made proper arrangements of food and transportation and not provided services as promised. The Complainants suffered mental tension for which the Opposite Party is liable to pay compensation to the Complainants. The Complainants had demanded the compensation and amount of booking of tour from the Opposite Party by issuing letter dtd.13/08/2008 but in vain.  Hence, this complaint.   

6)        The Opposite Party has resisted the claim by filing written statement. The contention of the Opposite Party is that, the Complainants had approached to the Branch Office of Kandivali of Opposite Party.  The Sale Representative of Opposite Party had briefed complete details of the tour to the Complainants.  The Complainants were part of group of four i.e. both Complainants and their friend couple by name Mr. & Mrs. Jatin Fariya.  At the time of inquiry and booking it was informed to the Complainants that the tour was subject to formation of the group of at least 30 passengers required to operate the escorted tour.  The Complainants were handed over brochure of different European Tours containing all the terms and conditions of the tour.  After few days Complainants had selected Grand Europe Tour for four of them departing on 11/06/2008. The tour price of Grand Europe was Rs.2,24,000/- per person.  The Complainants had booked the said tour at the last moments and were clearly informed that, the operation of the said Grand Europe Tour was subject to formation of the group.  Since the group size for Grand Europe (hereinafter referred as GE) Tour dtd.11/06/2008 was very less it was not possible for the Opposite Party to operate the said tour and hence, the said booking was merged with another GE Tour departing on 17/06/2008.  The Complainants were informed of this change and were asked to join the group of GE Tour departing on 16/06/2008. However, the Complainants were not willing to change their dates and asked for other options. 

7)        The further contentions of the Opposite Party is that they had informed to the Complainants that, there is another tour by name Grand European Discovery leaving on 12/06/2008.  The itinerary of the said Grand European Discovery (hereinafter referred as GED) Tour is also printed in the brochure given to the Complainants which was explained to them in details.  The Complainants were also offered additional tour to Scotland for three days in addition to the GED tour wherein they would visit Glasgow, Edinburgh, lake Lomond, etc. The tour of Scotland was neither included in Grand Europe Tour nor in Grand Europe Discovery tour. After considering everything the Complainants and their friends Jatin Fariya accepted the said offer and decided to join the GED tour dated 12/06/2008. The Opposite Party thereafter made all the necessary booking and travel arrangements for the Complainants for the GED and Scotland tour.  The Complainants were handed over complete details of their air tickets as well as Scotland tour booking at least two days prior to their departure.  The Complainants had departed for GED Tour on 12/06/2008 as per the scheduled itinerary and the said tour was escorted by tour escort Mr. Shashikant from Paris.  The tour program was conducted as per the given GED itinerary.  The Complainants and the entire group passengers visited all the places in Europe as per the itinerary and were provided all the facilities, meals and accommodations as promised in the itinerary.  The GED tour was of 15 nights and 16 days and cost of it was Rs.2,03,999/- per person for adult on twin sharing basis.  The GED tour was inclusive of visit to 7 great countries, covering extensive sightseeing visits to almost 40 different places daily continental breakfast provided by the hotels, veg /Jain lunch and dinner as per the itinerary and the registration form.  The tour cost was inclusive of economy class return airfare, airport taxes, visa charges, overseas mediclaim, tips, twin sharing accommodation in three star hotels, meals, sightseeing entrance fees, service of tour director.  The cost of GED and Scotland tour was much more than the price paid by the Complainants.

8)        The contentions of Opposite Party is that, the price of GED Tour was Rs.2,04,000/- and no discount scheme was available for booking made at the last moment i.e. only 10 days prior to the tour date.  The booking of the Complainants were at the last moment and hence, they were not entitled for any discount as claimed.  The Complainants never refused to go on the tour and never demanded the refund of the amount of booking of tour.  The Opposite Party denied that there was any deficiency in service on their part.  Opposite Party denied all the rival contentions of the Complainants and prayed for dismissal of the complaint with cost. 

9)        The Complainants have submitted affidavit of evidence of Complainant No.1 Himanshu.  The Complainant and Opposite Party have filed their respective written notes of arguments.  We have gone through the documents filed by both the parties.  We heard oral arguments of Shri. N.K. Dayanandan, Ld.Advocate for the Complainants.  Shri. Vinay Vyas, Ld.Advocate for the Opposite Party was absent on the day of oral argument.

10)      Admittedly the Complainants had selected Grand Europe tour commencing from 11/06/2008.  As the passengers for Grand Europe tour dtd.11/06/2008 were very less it was not possible to the Opposite Party to operate the said tour, therefore, the Complainant joined the tour namely Grand Europe Discovery departing on 12/06/2008. The Opposite Party had also given additional tour to Scotland of three days to the Complainants. The Complainants had gone to the Grand Europe Discovery Tour and additional tour of three days of Scotland and returned to India.      

11)      The receipt of payment produced by the Complainants vide Exh.B, page no.23 & 24 of the complaint shows that each Complainant paid to the Opposite Party tour cost of GE Rs.1,98,375/-. Opposite Party issued above two separate receipts in the name of Complainants. The documents produced at Exh.C page nos.25 & 26 alongwith complaint are the air lines tickets in the name of Complainants dtd.10/06/2008 issued by the Opposite Party.  The documents Exh.D page nos.28 & 29 are the mediclaim polices in the names of the Complainants. All the above documents and evidence clearly goes to show that, Opposite Party had agreed to allow to the Complainants to join GE Tour departing on 11/06/2008 by accepting cost of Rs.1,98,375/- by two cheques dtd.30/05/2008 from each Complainant. As per the evidence of the Complainants they each paid Rs.11,250/- to the Opposite Party by cash towards the visa fees. In this way each Complainant paid to Opposite Party Rs.2,09,625/- for the cost of GE tour departing on 11/06/2008.  The said tour was of 20 nights and 21 days. 

12)      The Opposite Party Comes with the case that the operation of GE tour was subject to formation of the group.  Since the group size of GE tour dtd.11/06/2008 was very less it was not possible for the Opposite Party to operate the said tour and hence, the booking of the Complainants were merged with another GE tour departing on 17/06/2008.  Opposite Party has not produced any documents on record to show that they had informed to the Complainants in writing the terms & conditions of formation of Group of at least 30 passengers for operation of GE tour.  Opposite Party has not stated the above facts on oath by filing affidavit of their concerned officer/staff member.  Opposite Party failed to prove that the above such condition was disclosed to the Complainants prior to booking of the tour GE.  The fact of non-discloser of above such condition to the Complainants is one of deficiency in service on the part of Opposite Party.

13)      The Complainants have produced brochure of Grand Europe issued by the Opposite Party at Exh.A (page nos.13 to 22 of the complaint).  As per the said brochure, tour was of 20 nights/21 days and its cost was Rs.2,33,999/-.  However, receipt Exh.A page nos.23 & 24 shows that Opposite Party had given discount to the Complainants of remaining amount by accepting Rs.1,98,375/- and Rs.11,250/- visa fees total Rs.2,09,625/-.

14)      Opposite Party has produced alongwith written statement copy of terms & conditions of the tour at Exh.A and brochure of Grand European Discovery Tour at Exh.B.  It has been mentioned in the condition in clause “important” sub clause (3) that every tour is subject to RBI/GOI approval timings/itineraries subject to change without prior notice.  Opposite Party has not stated on oath by affidavit that the copy of above terms and conditions was handed over to the Complainants.  There is no oral or documentary evidence to show that the terms and conditions of tour were handed over to the Complainants.  It is also one of the deficiencies in service on the part of Opposite Party.  On the perusal of brochure Exh.B of GED tour it is clear that the said tour was of 15 nights and 16 days and cost was Rs.2,03,999/- per person on twin sharing.  In the charged circumstances the Complainants had joined the GED tour departing 12/06/2008 of 15 nights and 16 days instead of GE Tour of 20 nights/21 days.  The Complainant No.1 Himanshu has admitted in the evidence that Opposite Party had given the Complainants additional tour to Scotland for three days in addition to the GED tour.  The Complainants have submitted copy of their daily tour recordings at Exh.F page nos.35 to 38 of the complaint.  From the said document Exh.F it shows that the Complainants have enjoyed the tour of 18 nights and 19 days.  The daily tour recording Exh.F prepared by the Complainants shows that they were in Scotland on 27, 28 & 29  June, 2008 for three days.  On 30/06/2008 the Complainants were in London. On perusal of sightseeing places mentioned in the GE and GED Tours it appears only few places of GED tour are not covered in GE Tour and most of the places of GE are covered in GED tour.  The Complainants have also enjoyed the additional tour of Scotland of three days. The tour enjoyed by the Complainants becomes short by two days than the GE tour for which they had paid the amount vide Exh.B. There is deficiency in service on the part of Opposite Party as the Complainants enjoyed the tour of 18 nights/19 days instead of 20 nights/21 days which was less by two days than the GE Tour.  Hence, the Complainants are entitled  for refund of amount of two days tour from the Opposite Party.  The cost of tour of two days comes (Rs.2,00,000 ÷ 20 x 2) = Rs.20,000/-.  In this way each Complainant is entailed to Rs.20,000/- as the Opposite Party shortened the tour period of Complainants by two days. The Complainants are deprived from some of the sightseeing places mentioned in the GE Tour due to which the Complainant caused mental agony and they are entitled to the compensation for the same.

15)      The Complainants have mentioned in daily tour recording Exh.F some compliant about breakfast, meal, and difficulties faced by them in the tour due to delay of flight, bus, etc.  However, the Complainants did not raise any such compliant in writing or by mail with the Opposite Party.  Hence, it cannot be said that there was deficiency in service of food on the part of Opposite Party.  The delay in flight and bus were beyond the control of tour manager and grievances of the Complainants for the same cannot be considered. From all above discussion we hold that each complaint is entitled for refund of cost of shortened two days tour total Rs.40,000/-. The Complainants caused mental agony due to non-discloser of terms and conditions of formation of group of 30 passengers, not hading over terms and conditions of tour in writing to the Complainants and due to tour shortened by two days.  Hence, each Complainant is entitled to the compensation towards mental agony Rs.15,000/- total  Rs.30,000/- and cost of complaint total Rs.8,000/-.

            In the result complaint deserves to be partly allowed.  Hence, we proceed to pass following order –

O R D E R

                      i.        Complaint No.255/2008 is partly allowed with cost against Opposite Party in the following terms.
 

                     ii.        Opposite Party is directed to pay to the Complainant Nos.1 & 2 total Rs.40,000/- (Rs.Forty Thousand Only) towards

                                refund of cost of tour.  

                    iii.       Opposite Party is directed to pay to the Complainant Nos.1 & 2 Rs.30,000/-(Rs.Thirty Thousand Only) towards

                              compensation for mental agony caused to them and Rs.8,000/- (Rs. Eight Thousand Only) towards the cost of this 

                              complaint.

           iv.      Opposite Party is directed to pay the amount mentioned in above para nos. ii & iii to the Complainants within 30 days from

                     the date of service of this order.  In the failure Opposite Party would be liable to pay interest on the said amount @ 9% p.a.

                     from the such date till the realization of the amount.

                  v.       Certified copies of this order be furnished to the parties.