Punjab

Patiala

CC/20/203

Mohinder Kumar - Complainant(s)

Versus

SOTC Trevel Limited - Opp.Party(s)

Sh M.S Dhaliwal

29 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/203/2020
Date of Institution	:	5.10.2020
Date of Decision	:	29.3.2023

 

1. Mohinder Kumar S/o Sh.Satpal
2. Sonia Bansal W/o Mohinder Kumar

Both residents of # 264, St.No.1, Dashmesh Colony, Patiala Gate, Nabha, District Patiala.

 

                                                                   …………...Complainants

                                      Versus

 

1. SOTC Travel Limited, SCO-19, Ground Floor, Surya complex, Opposite Gopal Sweets, Leela Bhawan, Patiala Punjab-147001.
2. SOTC Travel Limited, Registered Office # 324 Dr.D.N.Road, Fort, Mumbai-400 001.
3. SOTC Travel Limited, Head Office # 7^th Floor, Urmi Estate, 95 Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-400 013.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

 

 

PRESENT:                   Sh.H.S.Dhaliwal, counsel for complainants.

                             Sh.Suksham Aggarwal, counsel for OPs.

 ORDER                                          

1. The instant complaint is filed by Mohinder Kumar s/o Sh.Satpal and Sonia Bansal w/o Mohinder Kumar (hereinafter referred to as the complainant) against SOTC Travel Limited, (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:

That on the occasion of 25^th marriage anniversary, complainant and his wife wanted to go Europe. Accordingly complainants visited OP No.1 in the first week of December, 2019 for the booking of tour package for Europe. Complainant selected one tour package namely “European Dreams” and its departure date was 23.5.2020 and duration was 7 nights/ 8 days from Delhi to Delhi. It was included four countries i.e. France, Balgium, Germany and Switzerland.The tour was to cost Rs.1,37,130/- per person totaling Rs.2,74,260/- for couple. An email dated 5.12.2019 containing details of tour was send to the complainant by Kumar Rahul on behalf of OPs.

3. Complainant filled booking form for him and his wife on 6.12.2019 and paid Rs.35,000/- in advance through bank transfer. An email dated 6.12.2019 regarding confirmation of booking was also received .Thereafter, on 11.12.2019, complainant No.1 paid Rs.39,000/- through bank transfer on the asking of OPs. Then complainant No.1 received two emails on 16.12.2019 from OPs. In one email details of tour was given and in the other email complainant was told to complete and submit all documents for visa purpose and other procedure. Complainant submitted all the documents and also paid Rs.10,000/- through bank transfer on 16.12.2019.Complainant received another email dated 2.3.2020 and he was asked to clear total INR amount. Complainant paid Rs.92,000/- through bank transfer on 3.3.2020. Thereafter complainant and his wife applied for VISA on 5.3.2020 and paid Rs.12,800/-but receipt for the same was given by the OPs on 20.5.2020.Visa was granted to the complainants on 9.3.2020.Complainants paid Rs.1,88,800/- in total to the OPs. Complainant also obtained NOC/Ex-India leave from his department on 20.2.2020.
4. Thereafter, tour was cancelled due to Covid-19.Complainant wrote an email to the OPs on 23.4.2020 for the refund of money. OPs replied the same on 28.4.2020 through email and gave two options to the complainant. One is to travel the same destination till 31.3.2021 and second is to take a credit voucher to travel any other destination upto 31.3.2021, meaning thereby the OPs will credit only Rs.62,972/- for the second option. Complainant immediately replied the said email on 29.4.2020 that he being a Govt. employee cannot travel anywhere due to Covid-19.He requested for the refund of his amount. OPs again sent email dated 5.6.2020 for aforesaid options. Complainant again denied for the same. Ultimately, vide email dated 5.6.2020, OPs refused for the refund of amount and asked for the two options, which amounts to deficiency on the part of OPs. Consequently, prayer has been made for acceptance of the complaint.
5. Upon notice, OPs appeared through counsel and filed written statement. The payments made by the complainant in respect of their tour booking are admitted by the OPs. It is also admitted that tour of complainants was cancelled due to Covid-19 pandemic. It is alleged that OPs offered complete refund of the amount charged from the complainants excluding the Visa charges of Rs.17088/- paid by them to Embassy and also requested the complainant for providing their bank details for making refund of payment but the complainants did not do so. Even OPs sent e-mail to the complainants for the said purpose but the complainants did not bother to reply the same. There is thus no deficiency of service on the part of the OPs. After denying all other averments made in the complaint, OPs prayed for dismissal of complaint.
6. In evidence, complainant No.1 tendered his affidavit,Ex.CA, copy of e-mail dated 5.12.2019,Ex.C1, copy of booking form, Ex.C2, copy of payment receipt,Ex.C3, copy of printout of confirmation of booking,Ex.C4, copy of payment receipt of Rs.39,000/-,Ex.C5, copies of print out of emails dated 16.12.2019,Exs.C6 &C7, copy of payment receipt of Rs.10,000/-,Ex.C8, printout of email dated 2.3.2019,Ex.C9, copy of receipt of payment of Rs.92,000/-,Ex.C10, copy of payment receipt of Rs.12,000/-,Ex.C11, photocopies of passports,Exs.C12 & C13,copy of NOC/Ex-India leave,Ex.C14, copy of printout of email dated 23.4.2020, Ex.C15, printout of email dated 28.4.2020,Ex.C16, printout of email dated 29.4.2020,Ex.C17, copy of letter dated 6.3.2020,Ex.C18, copy of printout of email dated 8.5.2020,Ex.C19, printout of email dated 23.5.2020,Ex.C20, printout of email dated 5.6.2020,Ex.C21 and closed evidence.
7. OPs despite affording ample opportunities failed to produce any evidence. As such evidence of OPs was closed by order vide order dated 13.3.2023.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
9. The complainant had booked a tour under the package European Dreams for 7 nights 8 days with date of departure being 23.5.2020. Details of the package @ Rs.1,37,130/-per persons alongwith other details enumerated by the OPs is Ex.C1.The booking was made by the complainant as per booking form,Ex.C2 and an amount of Rs.35,000/-was also paid as an advance for the said booking, vide receipt,Ex.C3.Booking was confirmed by the OPs vide e-mail dated 6.12.2019,Ex.C4.Another amount of Rs.39,000/- was then deposited by the complainant on 11.12.2019, vide receipt,Ex.C5.Tour details were then confirmed by the OPs vide email dated 16.12.2019,Ex.C6.Complainant was further asked to submit various documents for procurement of visa and other formalities vide email dated 16.12.2019,Ex.C7.Another amount of Rs.10,000/- was deposited by the complainant vide receipt dated 16.12.2019,Ex.C8.The complainant was then asked to clear the amount of Rs.92,000/-payable in Indian Rupees, vide e-mail dated 2.3.2020,Ex.C9.The same was deposited by the complainant vide receipt dated 3.3.2020,Ex.C10.An amount of Rs.12,800/- was also deposited by the complainant in cash on 20.5.2020,vide receipt,Ex.C11 for procurement of visa. Visa was issued to the complainants vide Exs.C12 &C13. The complainant No.1 being an employee of the State Govt. had also taken permission to visit abroad as per, Ex.C14. However, due to outbreak of Covid-19 all the International flights were suspended/stopped and the complainants were left with no other option but to cancel the tour. The complainants then requested OPs to refund the entire amount deposited by them. For the said tour, vide e-mail dated 23.4.2020, Ex.C15. However, instead of refunding the amount, OPs gave two options i.e. either travel to the same destination with travel dates  up to 31.3.2021 or to accept the credit voucher to travel to any other destination as per their convenience till 31.3.2021 vide email, Ex, C16.OPs offered a credit of Rs.62972/- against deposited amount of Rs.1,88,800/-as per the said e-mail. The same was not acceptable to the complainants and they immediately reverted vide email dated 29.4.2020, Ex.C17 for refund of 100% of the amount deposited by them. However, OPs again gave same  two options vide email dated 8.5.2020, Ex.C19.The matter was again taken up with the OPs vide email dated 23.5.2020, Ex.C20 but with no result.
10. Ld. Counsel for the OPs during arguments have not disputed any of the above facts but have merely argued that they have incurred various expenses for arrangement of the tour and also for the procurement of visa to the complainants by paying visa fee to the concerned embassies and as such an amount of Rs.62972/- was only admissible to the complainants.
11. OPs have not produced any document indicating that they have deposited any amount with any of the authorities for procurement of tour and have paid any taxes/levies other than visa fee. As such, we are of the opinion that although there were unforeseen circumstances and also there was outbreak of Covid 19 due to which tour could not  materialize but OPs are deficient to the extent that they are forcing the complainants to accept the credit vouchers and that too for a much less value than the amount paid by the complainants or to readjust their tour dates.
12. Complainants were well within their rights to claim refund of the amount deposited by them as the tour was cancelled due to unforeseen circumstances i.e. outbreak of Covid 19. Not only this, complainant No.1 being Govt. employee has limited options and has to seek permission of competent authorities for taking tour to a foreign country well in advance..
13. Accordingly, complaint is partly allowed and the OPs are directed as follows:

To refund the total amount of Rs.1,88,000/- aftermaking a maximum deduction of Rs.12800/-paid to the embassy for visa fee i.e. Rs.1,75,200/-, alongwith interest @6% per annum from the respective dates of deposit till realization, failing which they shall payinterest @9%per annum on the payable amount till realization.

To pay Rs.10,000/- as compensation to the complainants for causing mental agony and harassment to them within the prescribed period.

14. The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President