Order No.  18  dt.  24/08/2017

        The case of the complainant in brief is that the complainant no. 1 and his family members for making a tour to Kenya safari with Dubai free (7 nights 8 days) with the o.p.s for which an agreement was entered into between the parties and in the tour cost it was included air fair in economy class, airport and other taxes for internal flights, accommodation, sight seeing as per brochure, meals as per brochure, transportation and services of SOTC’s local tour representative. The tour started from Mumbai, India on 27/05/2012. The complainant faced problem on 03/06/2012 when they left from the Dubai hotel. On reaching Dubai airport the complainant came to know that only his ticket was booked and tickets of other family members were not booked. The airport authority thereafter arranged for 5 business class tickets. The complainant on seeing such anomaly he cancelled his ticket and availed the flight. The complainant was informed that the price of cancellation tickets will go to the SOTC office. The complainant tried to contact with the o.p. 2 but no effective step was taken. Because of such not taking any effective step by the o.p.s and not refunding the amount of US $ 5,200/- the complainant suffered mental and financial loss for which the complainant praying for direction upon the o.p.s for refunding of Rs. 3,17,200/-, Rs, 1,00,000/- for compensation and Rs. 25,000/- for litigation cost.

            O.p.s contested the case by filing w/v and denied all the material allegations levelled against them. It was stated that the complainant had booked a  group tour organized and marketed as Kenya safari with Dubai free (7 nights 8 days) on 05/03/2012. At the time of booking the complainants were provided with all material information as regards tour description, pricing, terms and conditions of the tour and after going through the same the complainant entered into the said contract. In the contract itself it was mentioned that the company shall under no circumstance whatsoever be liable to the holiday participant for his co-travelers for 4. Failure on the part of airline to accommodate holiday participant despite having confirmed tickets. 5. Airline not allowing holiday participant to board the flight for reasons beyond the control of the company.

            The group had departed for the tour from Mumbai on 27/05/2012 by Kenya Airways. The confirmed air tickets had been handed over to the passengers much before the date of start of journey. The complainants enjoyed the tour and returned from Kenya to Dubai on 02/06/201. While returning from Dubai to Mumbai on 03/06/2012 the group was booked on a flight operated by Jet Airways which was to take off from terminal 1 at 12.00 p.m. The complainants voluntarily preferred to leave early from the airport and did not wait for remaining group members, apparently to enjoy duty free shopping at the airport. The alleged problem was at best a problem with the system of the airline over which the o.p.s had no control. The complainants hastily booked the tickets on Emirates Airlines which was a direct flight to Kolkata and also offered higher baggage allowance and only informed the employees subsequently. The decision taken by complainants for their sole benefit without informing the o.p.s and without waiting for Jet Airways representatives to verify or resolve the alleged problem. In view of such fact the o.p.s stated the there was no deficiency in service on the part of the o.p.s and the complainants will not be entitled the relief as prayed for.

            On the basis of the pleadings of parties the following points are to be decided :

1. Whether the complainants entered into an agreement with the o.p. for availing Kenya safari with Dubai free (7 nights 8 days) /
2. Whether the complainant’s air tickets were not booked ?
3. Whether there was any deficiency in service on the part of the o.p.s ?
4. Whether the complainants will be entitled to get the relief as prayed for ?

Decision with reasons :-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            The Ld. Lawyer for the complainant argued that the complainant no. 1 and his family members for making a tour to Kenya safari with Dubai free (7 nights 8 days) with the o.p.s for which an agreement was entered into between the parties and in the tour cost it was included air fair in economy class, airport and other taxes for internal flights, accommodation, sight seeing as per brochure, meals as per brochure, transportation and services of SOTC’s local tour representative. The tour started from Mumbai, India on 27/05/2012. The complainant faced problem on 03/06/2012 when they left from the Dubai hotel. On reaching Dubai airport the complainant came to know that only his ticket was booked and tickets of other family members were not booked. The airport authority thereafter arranged for 5 business class tickets. The complainant on seeing such anomaly he cancelled his ticket and availed the flight. The complainant was informed that the price of cancellation tickets will go to the SOTC office. The complainant tried to contact with the o.p. 2 but no effective step was taken. Because of such not taking any effective step by the o.p.s and not refunding the amount of US $ 5,200/- the complainant suffered mental and financial loss for which the complainant praying for direction upon the o.p.s for refunding of Rs. 3,17,200/-, Rs, 1,00,000/- for compensation and Rs. 25,000/- for litigation cost.

            The Ld. Lawyer for the o.p.s argued that in the said tour programme the group had departed for the tour from Mumbai on 27/05/2012 by Kenya Airways. The confirmed air tickets had been handed over to the passengers much before the date of start of journey. The complainants enjoyed the tour and returned from Kenya to Dubai on 02/06/201. While returning from Dubai to Mumbai on 03/06/2012 the group was booked on a flight operated by Jet Airways which was to take off from terminal 1 at 12.00 p.m. The complainants voluntarily preferred to leave early from the airport and did not wait for remaining group members, apparently to enjoy duty free shopping at the airport. The alleged problem was at best a problem with the system of the airline over which the o.p.s had no control. The complainants hastily booked the tickets on Emirates Airlines which was a direct flight to Kolkata and also offered higher baggage allowance and only informed the employees subsequently. The decision taken by complainants for their sole benefit without informing the o.p.s and without waiting for Jet Airways representatives to verify or resolve the alleged problem. In view of such fact the o.p.s stated the there was no deficiency in service on the part of the o.p.s and the complainants will not be entitled the relief as prayed for.

            Considering the submissions of the respective parties it is an admitted fact that the complainant before availing of the tour programme entered into a contract with the o.p.s and in the contract itself it was stated that that the company shall under no circumstance whatsoever be liable to the holiday participant for his co-travelers for 4. Failure on the part of airline to accommodate holiday participant despite having confirmed tickets. 5. Airline not allowing holiday participant to board the flight for reasons beyond the control of the company. From the materials on record it appears that in the said tour programme other tourists also availed of the said tour programme. But they did not face such problem as alleged by the complainants that confirmed tickets were not provided by the o.p.s., on the contrary it appears from the materials on record that the complainants enjoyed the tour and returned from Kenya to Dubai on 02/06/201. While returning from Dubai to Mumbai on 03/06/2012 the group was booked on a flight operated by Jet Airways which was to take off from terminal 1 at 12.00 p.m. The complainants voluntarily preferred to leave early from the airport and did not wait for remaining group members, apparently to enjoy duty free shopping at the airport. The alleged problem was at best a problem with the system of the airline over which the o.p.s had no control. The complainants hastily booked the tickets on Emirates Airlines which was a direct flight to Kolkata and also offered higher baggage allowance and only informed the employees subsequently. The decision taken by complainants for their sole benefit without informing the o.p.s and without waiting for Jet Airways representatives to verify or resolve the alleged problem.

            In view of the facts and circumstances above we hold that the complainants suffered because of their own fault and they took the decisions by themselves without waiting for the arrival of the representatives of the Jet Airways in the airport and on their own accord they booked the tickets on Emirates Airlines. Therefore we hold that there was no deficiency in service on the part of o.p.s. Accordingly the complainants will not be entitled to get the relief as prayed for.

            Thus all the points are disposed of accordingly.           

            Hence, ordered,

            that the case no. 596/2013 is dismissed on contest without cost.           

            Supply certified copy of this order to the parties free of cost.