Tamil Nadu

South Chennai

CC/297/2016

N.Jaya Balan - Complainant(s)

Versus

The Manager, ORBIT Corporate and Leiisure Travels Pvt Ltd - Opp.Party(s)

S.Chandrasekaran

09 Sep 2019

ORDER

                                                                  Complaint presented on : 21.07.2016

                                                                    Date of Disposal            : 09.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.297/2016

DATED THIS MONDAY THE 09^TH DAY OF SEPTEMBER 2019

                                 

N. Jayabalan,

S/o. Mr. Nachiappan,

No.6-F, 2^nd Street,

Periyasamy Nagar,

Avaniyapuram,

Madurai – 605 012.                                                        .. Complainant.                                           

                                                                                                  ..Versus..

 

The Manager,

ORBIT CORPORATE AND LEISURE TRAVELS (I) PVT. LTD.,

No.31, Hameedia Centre First Floor,

Nungambakkam,

Chennai – 600 006.                                                    ..  Opposite party.

 

Counsel for the complainant     : M/s. S. Chandrasekharan & another

Counsel for the opposite party : M/s. K. Moorthy & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.50,000/- paid by the complainant towards IBA 2015 tour package on the basis of their Phamplet to pay a sum of Rs.40,000/- towards compensation for negligence and deficiency in service with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is the manufacturer of cake cutting machine in the name of Systems and Automation having branch at Chennai.   In order to develop his business, the complainant contacted the President, Tamil Nadu Bakery Association and planned to advertise machine in the Trade Fair at Munsih at Germany from 12.09.2015 to 21.09.2015.  The complainant submits that he and the Tamil Nadu Bakery Federation members approached the opposite party for due arrangement of tour package.  The opposite party informed that the package price per head is of Rs.1,90,000/- for 9 days visits.  The complainant handed over the passport and necessary documents for obtaining visa and made online payment of a sum of Rs.50,000/- towards registration fees on 26.08.2015.  The complainant submits that as per the instruction of the opposite party, he visited the German Consulate for interview on 01.09.2015.  The German Consulate rejected the Visa citing that the letter dated:02.09.2015 which reads as follows:

 “The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.”  Hence, the complainant was not able to attend the Trade Fair resulting huge monetary loss and mental agony.   The complainant submits he could not attend the valuable IBA 2015 and was subjected to heavy monetary loss and mental agony and this complainant was claiming for refund of the registration fee of Rs.50,000/- from the opposite party was also not heeded to till date by the opposite party.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the complainant approached the opposite party through Mr. Royal Kumar, President of the Tamil Bakers Federation for a tour package on 10.08.2015 and the package offer of Rs.1,90,000/- per person was fixed.  The complainant also accepted the terms and conditions and booked the tour and paid a sum of Rs.50,000/- as an advance on 26.08.2015 in which, a sum of Rs.35,000/- is non-refundable.  The opposite party submits that immediately after booking the tour, the opposite party  took speedy steps for obtaining visa and informed the complainant on 31.08.2015 to attend the interview in German Consulate on 01.09.2016 with the available documents and the complainant also attended the interview. The German Consulate informed the opposite party through letter dated:02.09.2015 which reads as follows: “The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable” and the Visa was rejected.   The rejection of Visa by the German Consulate is not at all deficiency in service on the part of the opposite party.   But it is the total default on the part of the complainant who has not furnished justifiable information for obtaining the Visa.  The opposite party states that the complainant has paid only Rs.50,000/- by way of advance in order to apply for visa application must be supported with copy of Airline ticket booked and confirmed hotel Voucher for stay and Medical Travel Insurance Policy etc.   The opposite party had incurred heavy cancellation charges as detailed below:

Package cost to the opposite party              =  Rs.1,90,000/-

Liability to the opposite party:

Ticket cancellation charges           :       Rs.22,275/-

Hotel cancellation charges            :       Rs.33,225/-

Visa charges                               :       Rs.  9,400/-

Mktg., Operational and other

Service charges 7% of Pkg. Cost    :      Rs.13,300/-

                                                 ________________

Total amount                              :       Rs.78,200/-

                                                ­­­­­­­­­­_________________

     On contrary, the complainant has to pay Rs.78,200/- plus extra payment to hotel Rs.17,710/- + Rs.95,910/- less Rs.50,000/- + Rs.45,910/-. Thereby, the complainant is liable to pay a sum of Rs.45,910/- for which, the complainant has not refused.  Therefore, there is no deficiency in service on the part of the opposite party.  

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B5 is marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.50,000/- paid towards the tour package as prayed for?
2. Whether complainant is entitled to a sum of Rs.40,000/- towards compensation for negligence, deficiency in service with cost of Rs.10,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he is the manufacturer of cake cutting machine in the name of Systems and Automation having branch at Chennai.   In order to develop his business, the complainant contacted the President, Tamil Nadu Bakery Association and planned to advertise machine in the Trade Fair at Munsih at Germany from 12.09.2015 to 17.09.2015.  Further the contention of the complainant is that he and the Tamil Nadu Bakery Federation members approached the opposite party for due arrangement of tour package.  The opposite party informed that the package price per head is of Rs.1,90,000/- as per Ex.A1 (S).  The complainant handed over the passport and necessary documents for obtaining visa and made online payment of a sum of Rs.50,000/- towards registration fees on 26.08.2015 as per Ex.A2.   

6.     Further the contention of the complainant is that as per the instruction of the opposite party, he visited the German Consulate for interview on 01.09.2015.  The German Consulate rejected the Visa citing that the letter dated:02.09.2015 as per Ex.B2 which reads as follows:

 “The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.” Hence, the complainant was not able to attend the Trade Fair resulting huge monetary loss and mental agony. But the complainant has not produced any document.  Further the contention of the complainant is that the rejection of Visa on the ground of insufficient information is due to the opposite party and claimed refund of the advance amount of Rs.50,000/-.  But on a careful perusal of the Ex.A1, Agreement, it is very clear that the advance amount is non-refundable.  Equally, the risk of obtaining Visa is not specific on the part of the opposite party.  In this case, it is very clear that due to the insufficient information or the information submitted by the complainant was insufficient, the Visa was rejected.  It is the duty of the complainant to furnish the satisfactory information in order to obtain Visa. 

7.     The learned Counsel for the opposite party would contend that admittedly, the complainant approached the opposite party through Mr. Royal Kumar, President of the Tamil Bakers Federation for a tour package on 10.08.2015 and the package offer of Rs.1,90,000/- per person was fixed.  The complainant also accepted the terms and conditions and booked the tour and paid a sum of Rs.50,000/- as an advance on 26.08.2015 as per Ex.A2 in which, a sum of Rs.35,000/- is non-refundable.  On a careful perusal of Ex.B1, it is seen that the Travel Package as ‘Twin Sharing’, thereby, the package is for two persons.  But in this case, Mr. N. Jayabalan alone filed this case.  Further the contention of the opposite party is that immediately after booking the tour, the opposite party  took speedy steps for obtaining visa and informed the complainant on 31.08.2015 to attend the interview in German Consulate on 01.09.2016 with the available documents and the complainant also attended the interview. The German Consulate informed the opposite party through letter dated:02.09.2015 as per Ex.B2 that “The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable” and the Visa was rejected.  The rejection of Visa by the German Consulate is not at all deficiency in service on the part of the opposite party.   But it is the total default on the part of the complainant who has not furnished justifiable information for obtaining the Visa.  On a careful perusal of Ex.B2, in Courtesy Translation, Refusal of Visa, regarding the decision is based on the reason that which reads as follows:

“8. The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.

9. Your intention to leave the territory of the Member States before the expiry of the visa could not be ascertained”.

8.     Further the contention of the opposite party is that the complainant has paid only Rs.50,000/- by way of advance in order to apply for visa application must be supported with copy of Airline ticket booked and confirmed hotel Voucher for stay and Medical Travel Insurance Policy etc.  Ex.B3 (S) is the copy of details of Air Ticket, Hotel for accommodation, Travel Insurance Policy and Visa charges etc.   Even after perusal of the documents, the opposite party came to the conclusion that the information submitted in not sufficient and since, the Visa was rejected.   The opposite party was held liable for a sum of Rs.22,275/- towards ticket cancellation, Rs.33,225/- towards Hotel Cancellation Charges, Rs.9,400/- towards Visa Charges, Rs.13,300/- towards marketing, operational and other service charges 7% of Pkg. Cost, totalling of Rs.78,200/-.  Thereby, the complainant is liable to pay a sum of Rs.45,910/- for which, the complainant has not denied.  Hence, there is no deficiency in service on the part of the opposite party.  Considering the facts and circumstances of the case, this Forum is of the considered view that this compliant has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 09^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of special package of Tour programmed of the opposite party
Ex.A2		Copy of online payment to the opposite party
Ex.A3		Copy of email communcations
Ex.A4	28.06.2016	Copy of notice through registered post

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1	17.08.2015	Copy of tour package brochure
Ex.B2	02.09.2015	Copy of letter from the German Consulate
Ex.B3		Copy of the document containing details of the Air ticket, Hotel accommodation, Travel Insurance Policy and Visa charges
Ex.B4	28.03.2016	Copy of notice by the complainant
Ex.B5	09.04.2016	Copy of reply notice by the opposite party

 

 

 

MEMBER                                                                                                                                                  PRESIDENT