Dated:15.03.2023

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This Appeal filed by complainants under Section 15 of Consumer Protection Act, 1986, aggrieved by an order dated 29.08.2019, passed in CC/863/2018 by District Consumer Disputes Redressal Forum, Bengaluru Urban District. (herein after referred as District Forum and the parties arrayed as in the consumer complaint)

2. Commission examined grounds of appeal, impugned order and heard.

3. Appellants/Complainants with a view to make South Africa Trip had approached OPs/Respondents and booked the tickets for grand tour of South Africa from 05.12.2017 to 18.12.2017 by paying the entire tour charges.  It is the specific allegations of the appellants/complainants are that the visas are not arranged by the OPs/Respondents in proper time and failed to arrange the tour properly and made the entire programme a waste not only financially, physically and mentally. Hence professed the consumer complaint before the District Forum alleging laxity as well as deficiency of service on the part of OPs.  Upon service of notice OPs contested the matter by denying all the allegations made against them.  OPs/Respondents contended that they are mere tour marketers and not a visa issuing agent and hence at best can only act as a document courier between the intending travellers and the respective Embassies.  Further contended that they have refunded Rs.57,155/- per person for the Zimbabwe part of the tour even though no amount was refundable to the complainants in any manner whatsoever.  Besides the complainants had not paid the agreed tour amount within specified time. Inspite of it, to maintain the goodwill, OPs have received the amount at the later stage and made the proper arrangements.  Thus sought for dismissal of the complaint.  District Forum after holding detailed enquiry recorded reasons in favour of OPs and dismissed the complaint as devoid of merits.  Aggrieved by the said order complainant preferred this appeal.  It is to be noted herein that complainant nos.3 to 5 made the payment of Rs.2,68,926/- barely 04 days prior to departure and complainant nos.1 and 2 made the payment of the balance tour cost of Rs.2,38,781/- on 15.11.2017 barely 20 days prior to departure.  As per clause pertaining to invoice and balance payment the complainants/appellants ought to have paid the entire tour amount well within 45 days prior to departure. Moreover, as per booking terms and conditions – “….tour participant’s responsibility to apply for visa with complete set of documents required by the embassy/consulate within the stipulated period as advised by the company.”  Thus it is the responsibility of the complainants/appellants to hold all valid travel documents before departure. Furthermore, the complainants/appellants had received the refund of Rs.57,155/- per person from the OPs/Respondents which was processed for the Zimbabwe part of the tour.  Thus there is no any unfair trade practice or else deficiency of service found on the part of OPs, was rightly held by the Forum below, which in our view does not call for any interference of this Commission. Hence Commission proceed to confirm the impugned order and in the result dismiss the appeal with no order as to cost.

4. .      Send a copy of this Order to the District Commission and parties to the appeal.

Lady MemberJudicial MemberPresident

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