FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU , MEMBER
The case of the complainant in short is that the complainant booked a tour package to travel Europe ( Covering U.K. , France , Germany, Austria, Netherlands, Switzerland) from 10.06.2020 to 21.06.2020 along with his wife and daughter with total cost of Rs.2,61,450/- for three persons and he had already paid an amount of Rs.1,50,000/- in connection of the said tour. Due to outbreak of Corona Virus Pandemic Government of India issued strict advisories in regard to Covid restrictions not to travel any of high risk countries. Accordingly, the complainant requested OPs to refund the paid amount. But the OPs sent an E-mail to the complainant stating suspension of all vacations across the globe in accordance with travel instruction imposed by the Government of India and global government advisories and it was also informed to the complainant that the received amount of Rs.1,50,000/- is being retained by the OPs as FUTURE TRAVEL CREDIT VOUCHER for exclusive use on next holiday package tour with the OPs and the complainant can use that voucher till 10.06.2021. In reply, the complainant wrote to the OPs that the OPs have cancelled the said tour schedule and the complainant being a senior citizen will not be able to avail any leisure trip in the ongoing pandemic scenario and requested to refund the paid amount of Rs.1,50,000/-. But the OPs did not address the grievance. Then, the Complainant lodged a complaint for mediation with AD, CA & FBP, KOLKATA SOUTH, Regional Office. But mediation failed as the OPs did not accept the letter of AD, CA & FBP. Therefore, following the advice of the AD, CA & FBP, KOLKATA SOUTH the complainant compelled to draw the attention of this Ld. Commission.
Despite receiving the notice the OPs did not turn up to defend themselves and as such the case has been proceeded ex-parte against them.Therefore, we have no other option to rely upon the documents on record furnished by the complainant.
We have travelled through all the materials on record produced by the complainant coupled with its annexure thereto and given a thoughtful consideration.
Fact remains that the complainant booked the tour package EUROPEAN SPLENDOUR 2020 of the OPs for three persons to travel Europe with total consideration of Rs.2,61,450/- and paid an amount of Rs.1,50,00/- to the OPs. On perusal of the record it is found that the complainant that the complainant signed the Tour Proforma Invoice of the OPs regarding the tour package in question on 19.01.2020 and bank statement of the complainant is showing that on 22.01.2022 an amount of Rs.30000/-and on 23.02.2020 an amount of Rs.1,20,000/- was paid to the Ops by the complainant. Photocopy of the E-mail furnished by the complainant reveals that on 15.03.2020 the complainant sent an email to the OPs for “Cancellation of trip European Splendor dated 10th June on account of pandemic SOS SARS CoV II and demand of fullrefund”. It is also found from the photocopy of the email sent by the OPs to complainanton 02.10.2020stating that :
In accordance with travel restrictions imposed by Government of India and global global government advisories, there is a temporary suspension of allvacationsacross the globe .Unfortunately , this means your European Splendor – summer 2020 has been suspended . This decision has been a tough one , but our first priority is and always will be wellbeing of our travellers .
We had received INR 150,000 (One Lak Fifty Thousand) from you, for the above-mentioned package.
The balance amount of INR 150,000 (One Lak Fifty Thousand only) is being retained by Club 7 Holidays as a FUTURE TRAVEL CREDIT VOUCHER for your exclusive use on your next holiday package tour with us. You can use this for travel period valid till 10th June 2021.
The complainant tried to resolve the dispute through mediation with the assistance of Consumer affairs and Fair Business practices, Government of West Bengal and the notice was sent to the OPs on 16.02.2020 to place their view in writing on the contentious issue within 13.01.2021. But no initiative was taken by the OPs. As such, the AD of the CA & FBP informed the complainant on 30.12.2020 that the grievance of the complainant could not be redressed through the process of mediation due to “Both the letters sent to the Opposite Parties have been returned by the Postal Department”. Then again on 10.02.2021 the complainant wrote a letter regarding Refund of advance payment of Rs.1,50,000/- (Rupees One lakh fifty thousand only) paid in January and February 2020for European Splendour trip dated 10.06.2020. In the Clause 6 of the Terms and Conditions of the OPs said TOUR PACKAGE it is mentioned by the OPs that:
REFUND AND R.O.E.
- Refunds (if any) for changes and/or cancellations will be paid directly to you for bookings made directly with the company’s office . For bookings routed through our Preferred Sales Agents (PSA) or your Travel Agent (TA) , the refund will be routed through them . It would take at least 30 working days to process refunds.
Undoubtedly the OPs failed to perform asper their own terms and conditions. Not only that after receiving the mail on 15.03.2020 from the complainant the OPs remained silent till October 2020. Moreover, without the consent of the complainant and without any discussion with the complainant they have retained the amount advanced by the complainant.
Therefore, we are of the opinion that the OPs are deficient in service on their part and their gesture appears as unfair trade practice to us.
As such, the complaint case succeeds .
Hence,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OPs with the cost of Rs.10,000/- as litigation cost.
OPs are jointly and severally directed to refund an amount of Rs.1,50,000/- to the complainant within 30 days from the date of this order.
OPs are also jointly and severally directed to pay an amount of Rs.25,000/- to the complainant towards compensation for causing harassment and mental agony within stipulated period .
Liberty is given to the complainant to put the case into execution if the order is not complied .
