SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint U/s 12 of Consumer Protection Act 1986, seeking direction against opposite parties to pay an amount of Rs.1,00,000/-with accrued interest @ 18% per annum and also a pay Rs.1,00,000/- towards the compensation of mental agony to the complainant for the deficiency of service on their parts.
Complaint in brief
According to the complaint, complainants are senior citizens and they entrusted OP1, who is a travel agency organizing tours and other services related. On 02/12/2019 one of the complainants transferred advance amount of Rs. 1,00,000/- to OP towards the European tour programme on the various assurances made by OP. But unfortunately pandemic restriction came and knowingly OP retained the amount with himself if which was paid by complainant. The complainant demanded the return of amount paid, OP claimed a deduction of Rs.40,352/- towards the Visa charges. Thereafter on 26/10/2020, complainants sent registered letter to remit the balance amount which was not paid until this date. The OP is trying to extort money and failed to render proper service. Hence this complaint.
After filing this complaint commission has send notice to both OPs and both OPs received the notice and entered appearance before the commission and filed their version accordingly.
Version in brief
The OP say that they are reputed leisure Travel and tour operator globally with a goodwill over 50 year in India. At the very out set, OP contended that the complainants booked for the “Highlights Europe” tour package on 2nd February with a booking Id G190030047 scheduled to start on 25/04/2020 up to 9th May 2020. Due to the pandemic wave, tour got cancelled. The OPs are the agent of the client to secure proper services for the tour from independent contractors and service providing and does not own any airline or shipping company etc. The OP further contended that towards the tour package, complainant’s had to pay TCIL tour cost Rs.82000/- and Eur 1550 excluding GST. The OP admitted the payment of Rs.1lakh and complainants had to pay a balance of Rs.74,261/- and this was agreed by complainant to pay on or before the visa processing. The OP handed over all the necessary documents to complainants and unfortunately the tour was cancelled due to the pandemic restrictions. Even after the cancellation caused the OP had to pay the cancellation charges. More over OP offered a credit voucher for the balance amount as per the terms and conditions agreed by the complainants in which cash not refundable is mentioned. The complainants are approached commission with unclean hands and they even not paid the balance amount to OP so for and hence the complaint has no merit and liable to be dismissed.
Due to the rival contentions raised by the OPs to the litigation, the commission decided to case the issues accordingly.
- Whether there is any deficiency of service on the part of OP?
- Compensation and cost?
In order to answer the issues, the Commission called for the evidence from both parties. Complainant produced documents, which is marked as Ext.A1 and A4. A1 is the lawyer notice sent by the complainant to OPs dated 22/12/2020. A2 is the postal receipt (2 in numbers) and Ext.A3 and A4 is acknowledgement card. The complainant 1 adduced evidence through proof affidavit and examined as PW1. OP 1 adduced evidence through proof affidavit and examined as DW1. No document produced from the side of OPs.
For the sake of convenience both issues are clubbed together to answer. In order to answer the issues, the commission looked into the documents which is marked as
Ext.A1 to A4.No other documents like passport, terms and conditions of tour package email sent by OP to prove the offer of credit voucher, the document or ledger pertaining to reveal the expense incurred by OP as stated in version, produced by any of the parties to the complainant.
Here both parties admitted the payment of Rs.1,00,000/- and tour was cancelled not due to the fault of any of the parties and also admitted that the visa was stamped. During the cross examination of OP, they himself admit that there is no clause in the tour package agreement with regard to the non-refundable of advance amount in the event of cancellation if any. The commission here by learnt that the tour was neither cancelled by any of the parties but it is the government regulation issued in the scenario of pandemic. The OP claimed that Rs.40,352/- incurred towards the visa processing and complainant admits that the visa got stamped and amenable to the balance amount which he paid after deducting the visa processing fee. Hence the commission came into a conclusion that there is no deficiency in service from the part of with regard to the cancellation of tour but OP is liable to pay the balance amount of Rs.59,648/- after deducting the visa processing fee ie Rs.40,352/-. Moreover, the complainant is liable to get compensation because OP never produced any evidence to show that the credit voucher as offered to complainant.
In the result the complaint is allowed in part. The opposite parties are directed to pay Rs.59,648/- after deducting the visa charges and also pay Rs.10,000/- as compensation and cost of litigation to the complainant. In default the amount of Rs.59,648/- carry 12% interest per annum from the date of order till realization. Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. .
Exts.
A1-Copy of lawyer notice
A2-Postal receipt (2 in numbers)
A3 & A4- Acknowledgement card
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
