Order-14.
Date-26/06/2018.
SMT. SANGITA PAUL, MEMBER
The OP is a registered company, carrying on business of tour and travel. Complainants, by filing this case states that Complainant -1 coming to know from the advertisement that OP has arranged a tour programme to explore New Zealand, Complainants met with the OP on 19.03.2017 at his office. The OP informed Complainants that on 27.09.2017 the tour will be started from Kolkata to Singapore then New Zealand. The duration of the journey will be more or less 12 hours. On good faith, Complainants accepted the tour programme and as per requirement of the OP, Complainants paid a sum of Rs.80,000/- (Rupees eighty thousand) only i.e. Rs.40,000 x2 on 19.03.2017 as booking money for two persons and also agreed to pay the balance amount as per the requirement of the OP. Before such payment, Complainants repeatedly requested the OP to give the route chart and also travel schedule, but OP told Complainants that they will send the same as soon as possible. Subsequently the OP sent route chart on 03.07.2017. Complainants come to know that OP has changed their routes i.e. Kolkata to Mumbai then Brisbane and then at Christ Church in New Zealand. It was difficult for Complainants both of whom were senior citizens to undertake a long journey. After getting the route chart, Complainants informed the OP that they are not agreed to tour and by a letter dated 08.07.2017 they wanted refund of Rs.80,000/-.Complainants also sent Advocate’s letter on 03.08.2017 for refund of money.
Cause of action has arisen to Complainants to file the present complaint, when Complainants informed the OP, by a letter dated 08.07.2017 and also Advocate’s letter on 03.09.2017, within the jurisdiction of Ld. Forum is still subsisting as the OPs have refused to refund the said amount taken from Complainant. Hence, Complainant prays for directing the OP to refund Rs.80,000/- (Rupees eighty thousand) only paid by Complainant along with 12 percent interest p.a., directing the OPs to pay Rs.50,000/- only on account of mental agony, harassment and emotional distress suffered by the Complainant, directing the OPs to pay Rs.30,000/- as litigation cost.
In the written version OP states that the present complaint is not maintainable either in law or in facts. Complainants have suppressed true and material facts from the Ld. Forum. Complainant has approached this Ld. Forum with unclean hands. Ld. Forum has no jurisdiction to try and entertain the said complaint. Company’s corporate office is in Mumbai. The OP’s are the most trusted name in the tourism industry, the booking forms are the part of the agreement between the intending traveller and the OP. Complainants voluntarily opted to book a tour for New Zealand scheduled to be held on 28th September, 2017. The booking form was read, understood, accepted and signed by the Complainants. OP states that to book a particular tour, Complainants are required to pay non refundable booking amount to confirm their participation on the said tour. So the Complainants paid Rs.80,000/- for two persons. Complainants are duly provided with receipts of the non refundable booking amount paid by them. The OP processed the booking for the said tour departing on 28th September, 2017. Subsequently on 08.07.2017, Complainants informed that they don’t want to take part in the tour and asked for refund of booking amount. It was stated in the agreement that booking amount paid by them is non-refundable. The forfeiture of booking amount clause is stated in the terms and conditions. Complainants filed the petition to extort money from the OP. It is vehemently denied that OP made one change in the itinerary. Assurance regarding duration of travels by Complainant is false, Complainant hastily cancelled their booking of tour knowing fully well that the tour amount is non refundable. Complainants vehemently prepared the concocted story of refundable booking amount. OP denies such baseless allegation made by Complainants. Complaint, being a frivolous complaint ought to be dismissed. Complainant has miserably failed to prove a prima facie case on merits for grant of any reliefs as stated in the complaint. OP prays for dismissal of complaint as the same is false, frivolous, baseless and unsubstantiated.
Decision with Reasons
We have perused the complaint petition, written version, E/Chief by both the parties, money receipts being No.R170011284 dated 12.04.2017 for Rs.66,000/- and R170011451 for Rs.14,000/-, copy of letter dated 08.07.2017 written by OP and the copy of terms and conditions .Complainants were intimated a 12 hour tour from Kolkata to Singapore – New Zealand before making payment, route chart was sent by the special messenger. Complainants came to know that the journey would take 22 hours, instead of 12 hour. The journey was from Kolkata to Mumbai to Brisbaine to Christ Church. It is evident that the present journey is much strenuous than the earlier one. So, it is not possible to undertake by the senior citizens of 75 years and 70 years. Complainants opted for cancellation of trip and claimed for refund of deposited money. It is worthy to be mentioned that it was not possible to accept the new route chart because, Complainant and his wife are senior citizens.
On the other hand, Ld. Lawyer of the OP submitted that there was no proof that OP assured Complainants for 12 hour journey. Not only that OP submitted that as soon as the tour is booked with booking money, it is not refundable. It is the duty of the OP to be very clear and transparent to Complainants. But the contrary happened. The route chart and the travel itinerary were supplied after the advance payment. OP knows it very well that the booking amount is non refundable. The Complainants must have informed all the details before payment of Rs.80,000/-. The OP posed a lame excuse that computer was out of order at that time. So, they could not take out the information from computer. After payment of the charge of travelling, the delivery of those documents is of no use. Complainants raised objection but OP submits that the amount is non refundable. The OP is deficient in rendering proper service and OP adopted unfair trade practice.
Complainants wrote for change of schedule or refund of money. OP is not ready to admit this. OP denies that Complainants prayed for change of schedule. But it is mentioned in the letter addressed to the OP that if the schedule of journey is not changed, Complainants claimed refund of money.
Ld. Lawyer of the OP states that the money is non refundable because it was told in the terms and conditions. Complainants could not imagine in distant dreams that OPs told that the tour was for 12 hours, for that reason, Complainants opted for the tour. After signing and payment the OPs changed their version, Complainants could not think for such behavior of the OP. Moreover, the fonts of terms and conditions are too difficult for people to read in naked eyes. It is also an unfair trade practice adopted by the OP.
Complainants paid Rs.80,000/-, so Complainants are consumers. OP failed to render service, so they are deficient. Complainants suffer physical pain, so Complainants are entitled to relief. In the result, the case succeeds.
Hence,
Ordered
That the Complainant be and the same is allowed on contest with cost of Rs.5,000/-
The OP is directed to refund Rs.80,000/- with 7 percent interest from 03.09.2017 till date of actual payment. Rs.10,000/- as compensation for mental agony and pain to the Complainants within 30 days from the date of this order.
The OPs are directed to pay Rs.20,000/- for adopting unfair trade practice to be deposited to the Forum within 30 days from the date of this order.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision of the C.P. Act.
Order No. 15 / Dated 03/08/2018.
Record is put up on verbal prayer of the Representative for the Opposite Party- SOTC Travel Services Pvt. Ltd. Representative of the O.P. submits in compliance of order dated 26.06.2018 passed by this Forum in connection with CC/410/2017, the Opposite Party has already paid the decreetal dues to the Complainant. Now the Opposite Party tenders a Demand Draft being no.315575 dated 01.08.2018 drawn on United Bank of India, Parliament House Street Branch amounting to Rs.20,000/- (Rupees Twenty Thousand) Only in favour of ‘President, DCDRF, Kolkata Unit-II’ as fine for adopting unfair trade practice in terms of order dated 26.06.2018 as aforesaid, with the prayer for acceptance of the said Demand Draft and for passing order to this effect.
Seen the copy of judgement dated 26.06.2018 passed by this Forum in connection with CC/410/2017. Considering the facts afore, let the Demand Draft of Rs.20,000/- (Rupees Twenty Thousand) Only be accepted and office to deposit the same to the SCWF, WB. Issue receipt.
