PER SHRI. S.M. RATNAKAR – HON’BLE  PRESIDENT

 1)        By this complaint the Complainants have prayed total amount of Rs.1,38,493/- from the Opposite Party which includes the cost of air tickets, mental agony and cost of this proceeding.

 2)        According to the Complainants they had booked a tour for Kailas Mansarover of the Opposite Party during the period 07/08/2011 to 21/08/2011 the cost of the entire package for 15 days was Rs.72,000/- each.  The Complainants had submitted the original passports air tickets details, photographs, medical fitness certificate to the Opposite Party.  The Opposite Party also confirmed that the Complainants could be entitled to get 100% refund in case of delay of cancellation apart from natural calamities.  The Complainants had booked two air tickets on 30/07/2011 costing Rs.30,455/-. The Complainants had paid full payment to the Opposite Party’s representative till 03/08/2011. On 06/08/2011 the Complainants left Mumbai and reached Kathmandu via Delhi. It is alleged that at Delhi the passports of the Complainants were given to the Opposite Party with assurance that they will get their visa for Mansarover as soon as they will reach Kathmandu.  It is submitted that from 06/08/2011 to 11/08/2011 the Complainants stayed at Kathmandu but the representative of the Opposite Party did not give any information about their visa for Mansarover or did not inform that their visa had been denied.  According to the Complainants, on 11/08/2011 they were informed by the Opposite Party that their Chinese Visa was denied.  It is submitted that the Complainants did not get any assistance whatsoever from the Opposite Party for booking the return flights.  It is alleged that the said approach of the Opposite Party caused the Complainant great mental harassment and mental agony to the Complainants.  It is submitted that the Opposite Party failed to comply with the requirements of their tour i.e. Chinese Visa.  According to the Complainants, on 13/08/2011 the Complainants were required to book their return tickets amounting to Rs.21,038/-.  It is alleged that on arrival at Mumbai the Complainants had contacted the Opposite Party and informed about the experience that they had faced, however, the Opposite Party informed the Complainants that an amount of Rs.27,000/- would be deduced towards boarding and lodging at Kathmandu.  The Complainants have thus, prayed that the amount claimed in para 1 of this order may be directed to be paid by the Opposite Party for the deficiency of service.

 3)        The Opposite Party contested the complaint by filing written statement.  It is contended that since the Complainants have already settled the dispute amicably with the Opposite Party and the Complainants have already received the entire settle amount on 17/08/2011 from the Opposite Party therefore, the complaint is not maintainable.  It is submitted that the present complaint is filed with ill-motive to extort money from the Opposite Party.  According to the Opposite Party, the Complainants were well aware about the terms and conditions agreed between the Complainants and the Opposite Party while initiating the Kailas Mansarover Yatra as it is considered to be one of the most difficult tracks in Asia. It is contended that the first requirement of Yatri to travel Kailas Mansarover that he should possess good physical fitness for traveling in bare foot at about 21 Km. above the oxygen level and under the difficult circumstances.  It is alleged that as per the condition of the Chinese Government the Yatri must produced the fitness certificate of a qualified MBBS Doctor about the sound health of Yatri.  It is submitted that the Complainants have not produced such physical fitness certificate.  It is contended that this Forum has no jurisdiction to entertain this complaint as the Court of Delhi has jurisdiction and the agreement to that effect was executed by the Complainants.  It is thus, submitted the complaint is liable to be rejected.  It is submitted that as per the agreement executed by the Complainants they are not entitle for any refund of the cost for whatever reason when the trip actually launched and if make a cancellation after completion of booking formalities. It is admitted that the visa was not granted to the Complainant by the Government of China. It is contended that on behalf of the Opposite Party on 17/08/2011, the Opposite Party has settled the dispute with the Complainant and pursuance to that the Complainant agreed to receive total amount of Rs.1,20,000/-.  The Opposite Party further contended that the package was of Rs.72,000/- per person (Rs.1,44,000/- for both the persons).  The Opposite Party showed readiness to refund Rs.58,500/- and insurance amount of Rs.1,500/- the Opposite Party had reduced Rs.13,500/- of total package per person and given Rs.1,20,000/- to both the Complainants. It is contended that the Opposite Party had to prepare travel documents, travel kits and other misc. expenses for preparing the tour, prior to commencing of actual tour for Kailas Mansarover.  The said preparation cost required to be incurred by the Opposite Party and it was about Rs.10,000/- per person.  It is thus, submitted that the said deduction have been made and the entire dispute was settled at the amount of Rs.1,20,000/-.  The Complainants had received the entire settled amount and the complaint is therefore, liable to be dismissed. It is submitted that the Complainant had agreed for the said compensation and settlement. It is thus, submitted that the complaint be dismissed.

 4)        The Complainant No.1 & 2 have filed their affidavits in evidence.  On behalf of Opposite Party one Shrikant Gurave had filed his affidavit.  Both the parties have filed their written arguments. We heard Shri. Kiran Patil, Ld.Advocate for the Complainant.  The Advocate for the Opposite Party Shri.Vijay Chavan and it’s representative Shrikant Gurav remained absent.  The Opposite Party did not pay adjournment cost of Rs.500/- as per order dtd.17/04/2014 on the date of oral argument.  We have perused the documents filed by both sides.

 5)        The objection raised by the Opposite Party regarding the jurisdiction cannot be accepted as the Opposite Party had accepted the amount for Kailas Mansarover Tour from the Complainants at Mumbai in it’s Colaba office and the transaction regarding the tour had taken place at Mumbai only.  We therefore, hold that the objection raised by the Opposite Party that the Court of Delhi has only jurisdiction to entertain the present dispute is devoid of merits.

 6)        From the facts alleged in the complaint and the contentions raised by the Opposite Party, it appears that the Complainants could not visit Kailas Mansarover i.e. their aimed destination due to non receipt of Chinese Visa during their tour booked with the Opposite Party is not disputed.  The Opposite Party had also made payment of Rs.1,20,000/- to the Complainants on 17/08/2011 as per the document filed at Exh.‘B’ to the written statement and the same can be considered that the Opposite Party has accepted it’s deficiency in service. The Complainants had paid Rs.1,44,000/- to the Opposite Party out of which they had received Rs.1,20,000/-. The Complainants have prayed total amount of Rs.1,38,493/- from the Opposite Party.  The said claim made by the Complainants from the Opposite Party appears to be exorbitant.  As the Opposite Party had paid Rs.1,20,000/- to the Complainant on 17/08/2011 i.e. immediately after returning by the Complainant in Mumbai.  In view of the said facts we hold that, if the total amount of Rs.50,000/- would be granted to the Complainants towards the expenses incurred by them for their return Air Tickets as well as for the mental agony and hardship they had suffered as the Opposite Party did not comply with the tour agreed to be provided to the Complainants at Mansarover which can be considered as deficiency on the part of the Opposite Party and the cost of this complaint from the Opposite Party would be just and proper.  We therefore, hold that the Opposite Party is liable to pay total amount of Rs.50,000/- to the Complainants as discussed above.  In the result the following order is passed –

 O R D E R

                    i.     Complaint No.328/2011 is partly allowed against the Opposite Party.

ii.     The Opposite Party is directed to pay total amount of Rs.50,000/- to the Complainants towards the compensation for mental agony and hardship they had suffered as well as the extra expenses they had incurred for return Air Tickets and towards the cost of this proceeding.

            iii.    The Opposite Party is directed to comply with the aforesaid order within one month from the date of service of this order and   failure to comply the said order within stipulated period the Opposite Party will be liable to pay interest @ 9% p.a. on the aforesaid amount till the realization of the said amount.

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