Tamil Nadu

North Chennai

CC/144/2015

S.PL.Viswanathan - Complainant(s)

Versus

The CEO/Managing Director - Opp.Party(s)

party in person

01 Dec 2016

ORDER

                                                            Complaint presented on:  11.09.2015

                                                                Order pronounced on:  01.12.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 01^st  DAY OF DECEMBER  2016

 

C.C.NO.144/2015

 

 

S.PL.Viswanathan,

S/o.Mr.S.Palaniappan (Late) and

Mrs.V.Shanthi,

W/o.S.PL.Viswanathan,

Plot No.93. Door No.12,

Vageeswari Amman Street,

Vijayalakshmipuram, Ambattur,

Chennai – 600 053.

 

                                                                                        ..... Complainants

 

..Vs..

The CEO/Managing Director,

Kuoni (SOTC) Travels India Pvt. Ltd.,

134. Valluvar Kottam High Road,

Nungambabkkam,

Chennai – 600 034.

	...Opposite Party

Date of complaint                                  25.09.2015

Counsel for Complainant                      : Party in Person

Counsel for Opposite Party                  : M/s. Sampathkumar & Associates &

                                                                    R.Ramani

 

O R D E R

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Opposite Party is a service provider who has arranged package Tour from June 12^th  to 19^th , 2015 to Japan. The first Complainant and his wife Mrs.V.Shanthi to travel in the above tour they got the ticket on 10.06.2015.  The Complainants boarded in Malaysia Airlines MH 183S on 12.06.2015 at 11.45  at Chennai. They have boarded the flight at Malaysia at 11.30  (local time) to Japan and landed at Narita Airport, Japan at 7.40 a.m (local time) on 13.06.2015.  The tour Manager made them to wait till 9.20 a.m   at Airport and reached one place which is two kilo meters away from the hotel booked and from there they have brought to the hotel by taxi. The hotel checking time is 3.00 p.m   and hence they could not occupy the room. The luggage were left in the lobby of the hotel and told us to go around the city on their own till 3.00 p.m. In the hotel there is only one toilet for ladies and one for gents and hence they could not refresh themselves.  We were left in the street of the hotel and we do not know the language of the country. Since the baggage also left in the hotel they do not have any money to visit the city. The tour operator well aware of the tour program and in advance they could have arranged everything and hence it is total lapse and negligent on the part of the Opposite Party.

          2. The tour operator had collected Rs.1,000/-  each  towards security booking deposit for any unforeseen circumstances from either side to make good the loss.  In this case the journey duly completed and the security deposited was not refunded to the Complainants is deficiency on the part of the Opposite Party. Food was not served while going to Narita, Japan from Kualalumpur and the same case in the return journey also from KansaiAirport, Osaka to Kualalumpur. The tour operator agreed to pay 20 dollars (10 dollars to each person) i.e a sum of Rs.1260/- for food which was not provided in the flight. Hence the Complainants filed this Complaint to direct the Opposite Party to pay compensation, refund of security deposit and cost of food which was not provided in the flight and litigation expenses.

3. WRITTERN VERSION OF THE OPPOSITE PARTY  IN BRIEF:

          The Opposite Party is a tour operator of international repute who has been offering various types of holidays and travel operations through transparent advertisements and tour brochures for benefit of intending customers and general public at large. The Opposite Party denies that there was no delay in handing over airlines tickets to the Complainants.  The shuttle airport limousine transfer is operated by an independent contractor over whom the Opposite Party has no ownership or control. The said shuttle airport limousine transfers operate at fixed timings and are available at regular intervals. Therefore the allegation of the Complainants that the shuttle airport limousine transfer was not arranged is denied. The standard time in the International Hotels for the passengers the check in time is at 15 hours. This fact also clearly specified in the tour itinerary. Therefore, the Complainants are well aware about the check in time in advance. The luggage was left with hotel staff at Tokyo by the Complainants themselves for their own convenience. On arrival in Tokyo lunch was not included in the tour program. The Opposite Party denies having received any security deposit from the Complainants as alleged.  A tour participant to pay  a small amount  of   non refundable  merely to protect the non refundable booking amount on a tour  to cancel their booking for whatever reason and the said scheme is governed by terms and conditions which were transparently provided to all tour participants.  The Opposite Party have no control over any of the airlines and hence the Opposite Party has not committed any Deficiency in Service for meals not served on airlines. However as a gesture the Opposite Party offered to refund a sum of Rs.1,260/- for the alleged meals missed by the Complainants. Therefore the Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint with cost.

4.POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complaint is entitled to any relief? If so to what extent?

5.POINT : 1

          It is an admitted fact that        the  Opposite Party  is a service provider who  has arranged  package tour from June 12^th  to 19^th , 2015 to Japan and  the Complainants SPL.Viswanathan and his wife Mrs.V.Shanthi booked with the Opposite Party  to travel in the above tour and got the ticket on 10.06.2015 and  the Complainants boarded Malaysian Airlines MH 183S on 12.06.2015 at 11.45  at Chennai and they have boarded  the flight at  Malaysia at 11.30 hrs (local time) to Japan and landed at Narita Airport Japan, at 7.40 a.m (local time) on 13.06.2015 and Ex.A1  brochure and Ex.A2 tour package details was furnished by the Opposite Parties to the Complainants, the Complainant also paid the   tour package amount under Ex.A3 to the Opposite Party and Ex.A4 travel insurance for the Complainants.

          6. The Complainants alleged deficiencies against the Opposite Party  is that during the tour program the Opposite Party has not taken care of the Complainants and others and while travelling from  Kualalumpur to Japan no food was served as per Inter National System and on landing at  Narita , Japan  at 7.40a.m (Local time) on 13.06.2015, they have not been immediately provided accommodation facility in the hotel and they have been made to wait till 3.00 p.m for the day and that time only is the check- in- time and the ladies especially found very difficult during that time and they have been made to wait in front of the hotel and further  a sum of Rs.1,000/- was collected from each passenger  towards security booking deposit and that was not refunded and therefore the  Opposite Party negligently provided service to the Complainants and thereby they are suffered with mental agony.

          7. The Opposite Party replied that in Ex.A6 meals has been provided and if the airlines not provided the food they are not responsible and further the Inter National Standard checking time is only 3.00 p.m and the Opposite Party has not collected any amount towards security deposit from the Complainant and therefore the Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint.

          8. Admittedly after landing at Narita, Japan the Complainants and others were not provided with hotel accommodation and only at 3.00 p.m they have been accommodated. According to the Opposite Party the check-in- time is only at 3.00 p.m. The check -in -time also provided to the Complainant in Ex.A1, at page 4 of brochure. The Complainants were informed about the check –in- time is only at 3.00 p.m in the hotel on arrival at Narita airport through brochure and therefore, the Opposite Party cannot be faulted for not providing accommodation at 3.00 p.m at Narita, Japan.  

          9. Admittedly while the Complainants and others travelling from  Kualalumpur to Narita, Japan the food was not provided in the airlines.  In Ex.A6 ticket the Meals has been printed. If the airlines not provided the meals, the Opposite Party who has arranged the tour enquired with the airlines why they have not provided the meals and asked the airlines to provide meals as per the ticket. It is not the case of the Opposite Party that he had enquired with the airlines that why they have not provided the meals as per Ex.A6. Therefore, the Opposite Party failed to provide service as per Ex.A6.

          10. Ex.A2 is the tour package details including invoice for two adults. In Ex.A2 at page 11 invoices for the Complainants has been issued by the Opposite Party. In the said invoice both the Complainants names are found. Further, it is mentioned in the invoice about the category of amounts payable by the Complainants. In the said invoice the third column refers a sum of Rs.2,000/- towards security booking deposit amount. According to the Complainants they have paid the said amount. In what way that amount was utilized by the Opposite Party has not been stated in his case. Therefore the Complainant is entitled for refund of such security deposit amount. Therefore we hold that the Opposite Party have not provided or arranged food in the airlines and not refunding security booking deposit amounts is deficiency on their part and therefore it is held that the Opposite Party  has committed Deficiency in Service.      

11.POINT :2       

          The Opposite Party himself offered to refund a sum of Rs.1,260/- (20 USD) in his e-mail reply dated 12.06.2015  at page 37 of Ex.A9 to the Complainants. Therefore it would be appropriate to refund a sum of Rs.1,260/- towards food and also we order to refund a sum of Rs.2,000/- towards security booking deposit amount i.e a total refund  of a sum of  Rs.3,260/- to the Complainants by the Opposite Party. The Opposite Party failed to provide or arrange food in the airlines, the Complainants suffered with mental agony is accepted and for the same it would be appropriate to direct the Opposite Party to pay a sum of Rs.5,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.   

In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.3,260/- (Rupees three thousand   two  hundred and sixty  only ) towards food and security booking deposit to the Complainants and also to pay a sum of Rs. 5,000/- (Rupees five thousand only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

          The above amount shall be paid to the complainants within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 01^st day of December  2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                    Sotc’s Splendour Japan Brochure

Ex.A2 dated 19 & 26.05.2015          Tour package details and invoice/receipt for two

                                                    adults (Total Rs.353807+60 USD)

 

Ex.A3 dated 03.06.2015                   SBI Ambattur DD.No.257836 for US Dollars

Ex.A4 dated 10.6.2015            Travel Insurance of self and my wife

                                                    Mrs.V.Shanthi

 

Ex.A5 dated 10.06.2015                   Tour and accommodation details of both

Ex.A6 dated         10.06.2015                   Air ticket of both from Chennai to Japan via

                                                    kualalumpur by Malasia airlines

 

Ex.A7 dated 21.06.2015                   My Complaint e-mail sent to Mumbai office of

                                                    travel agent and reminder e-mails

 

Ex.A8 dated 08.08.2015                   My Legal notice sent to travel agent Mumbai and

                                                    Chennai

 

Ex.A9 dated 18.08.2015                   E-mail reply from the travel agent clarification

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

                                      …… NIL …….   

 

 

MEMBER – II                                                               PRESIDENT