Tamil Nadu

North Chennai

9/2014

Maria Majeetha Santhakumar, - Complainant(s)

Versus

The Managing Director, Sotc Toursa & Travel Pvt ltd, - Opp.Party(s)

Party In Person

25 May 2017

ORDER

 

                                                            Complaint presented on:  08.01.2014

                                                                Order pronounced on:  25.05.2017

 

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 25^th DAY OF MAY 2017

 

C.C.NO.09/2014

 

 

Ms.Maria Manjeeta Santhakumar,

Old No.5 & 5A, New No.9,

4^th Floor, Pycrofts Garden Road,

Chennai – 600 006,

Tamil Nadu.

                                                                                    ….. Complainant

 

..Vs..

1. The Managing Director,

Sotc Tours and Travels Pvt.Ltd.,

Sotc House No.134,

Valluvarkottam High Road,

Nungambakkam,

Chennai – 600 034.

 

2. The Managing Director,

Sotc Tours and Travels Pvt. Ltd.,

8^th Floor, Urmi Estate,

95, Ganpatrao Kadam Road,

Lower Parel,

Mumbai – 400 013.

.....Opposite Parties

Date of complaint                                 : 17.01.2014

Counsel for Complainant                      : Party in Person

Counsel for Opposite Parties                  : 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 to direct the Opposite Parties to apology for all the inconvenience caused to him and to pay a sum of Rs.4,400/- towards cancellation charges and 206 Euros i.e Rs.17,330/- and also compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Opposite Parties are the Tour Operators. The Complainant planned a group tour to Scandinavia and decided to hire the services of the Opposite Parties. The Complainant contacted one Mr.Senthamil Selvan on 01.07.2013 for the trip scheduled for 21.08.2013. The 1^st Opposite Party employee took a week’s time to share the details of additional site seeing and ultimately could not be arranged by him. Hence the Complainant himself made arrangements for additional site seeing for two adults by spending 206 Euros. Mr.Senthamil Selvan sent the visa letter to the Complainant and he had also confirmed he was blocking flights seats. Since the tour’s starting point was at Mumbai he booked for domestic flight ticket from Chennai to Mumbai. However on July 18^th, 2013 when the Complainant wanted to sign the booking form and to make the initial payment, she was shocked to come to know from Mr.Selvan that either the tour was full or the tour date had to be changed. The Complainant questioned Mr.Senthamil Selvan and also the customer care department about such erroneous behavior, but the Complainant has not received any convincing reply or apology from the Opposite Party Mr.Senthamil Selvan, after knowing that the Complainant booked flight tickets he did not even make any alternative arrangements is deficiency on the part of the Opposite Parties. Hence the Complainant filed this Complaint to direct the Opposite Parties to apology for all the inconvenience caused to him and to pay a sum of Rs.4,400/- towards cancellation charges and 206 Euros i.e Rs.17,330/- and also compensation for mental agony with cost of the Complaint.

2. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The Complainant is not a Consumer within the provisions of the Consumer Protection Act, 1986. The Complainant has either hired or availed the services or paid any consideration to the Opposite Parties for any service and therefore there is no question of any deficiency in service on the part of the Opposite Parties. The Complainant enquired on 01.07.2013 about the tour scheduled in the month of August 2013. The Opposite Parties gave travel particulars and price quotation and also requested the Complainant to confirm her booking by signing booking terms and conditions and paying the relevant booking amount as per the terms and conditions.  The request of the Complainant was closed to the date of actual departure she   should act fast since various formalities had to be completed. However, the Complainant was not sure of her participation and did not pay the booking amount.

          3. The Complainant opting for a group tour also wanted to visit certain additional sightseeing places which were not included in the tour. The Opposite Parties further state that without booking herself on their tour by paying the mandatory booking amount she actually went ahead and booked additional sightseeing and blocked seats for herself. Therefore, the Opposite Parties cannot be held responsible for her unilateral action more so when she had not even confirmed her seats with the Opposite Party by paying the mandatory booking amount.  The Opposite Parties shared tentative flight option for the proposal trip enquired by the Complainant. The Complainant had enquired about the visa requirements and had also requested for the copies of the forms. The Opposite Parties went out of their way and tried their level best to facilitate the Complainant with every possible detail so that the Complainant could immediately book the tour. However, the Complainant still did not book and finally after 15 days when the Complainant wanted to book the tour, the tour was already full and blocked by the passengers who had made the relevant bookings by completing all required booking formalities.

4. In fact she booked her flight tickets and other additional sightseeing on her own without any prior intimation to the Opposite Parties and without first confirming the seat on the Opposite Parties tour and thus Opposite Parties cannot be held responsible for the individual acts of the Complainant. Hence the Complainant who had not booked her seat in the tour programme cannot be considered as a Consumer and prays to dismiss the Complaint with costs.

5. POINTS FOR CONSIDERATION:

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

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

6. POINT NO :1 

          Admittedly the Opposite Parties 1 & 2 are the tour  operators and they have arranged a group tour trip scheduled for August 21, 2013  and the Complainant also wanted to participate in the said tour and in pursuance of the same the Complainant contacted Mr.Senthamil Selvan, employee of the 1^st Opposite Party for the said purpose and the Opposite Parties have also provided the particulars required by the Complainant and in respect of the same Ex.A1 to Ex.A4  and Ex.A6, Ex.A7 and Ex.A11 to Ex.A14  correspondences exchanged between them.

          7. The contention of the Complainant is that the Opposite Parties have not provided details of additional site seeing and hence the Complainant himself spent 206 Euros in making such arrangements as per Ex.A8 dated 16.07.2013 and also booked domestic flight ticket from Chennai to Mumbai since the tour starting point is at Mumbai and thereafter on July 18^th, 2013 the Complainant wanted to sign the booking form and to make the initial payment and  she was shocked to know from Mr.Senthamil Selvan that the tour was full and requested her  to change the date of tour and hence the Complainant was forced to spend unnecessarily as stated above and therefore the Opposite Parties have committed deficiency in service.

          8. The Opposite Parties would  contend that  the Complainant booked her flight tickets and other additional site seeing places on her own before paying the mandatory booking amount and to became a member of the tour and since on her own she has spent amounts for buying tickets, the Opposite Parties are no way liable and further the Complainant had not paid any amount to the Opposite Parties to avail their service and therefore the Complainant herself cannot be considered as a Consumer and prays to dismiss the Complaint.

          9. Admittedly the Complainant pleaded in her Complaint that on July 18^th, 2013 she wanted to sign the booking form and to make the initial payment in order to participate in the tour programme scheduled for August 2013. Before, paying the booking amount the Complainant spent 206 Euros for additional site seeing on 16.07.2013 and also booked domestic tickets to travel from Chennai to Mumbai.  Only on payment of booking amount and signing the booking agreement only the Complainant would become a part of a group tour member.  When the Complainant wanted to pay the booking amount on 18.07.2013 Mr.Sethamil Selvan informed that the tour was full. Since the tour was full by booking sufficient members for tour on the date of enquiry made by the Complainant, the Opposite Parties cannot do anything. Further, the Complainant had not paid any amount for tour or booked as a member as contended by the Opposite Parties, she had not availed the services of the Opposite Parties for tour  programme. Since the Complainant had not availed the service of the Opposite Parties and not booked as a member of the tour and she had also spent amounts as stated above on her own, the Opposite Parties are no way liable for such act of the Complainant and in that view the Complainant is not entitled for any amount claimed by her from the Opposite Parties and hence it is held that the Opposite Parties 1 & 2 have not committed any deficiency in service.

10. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 25^th day of May 2017.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 01.07.2013                   Initial e-mail communications

 

Ex.A2 dated 04.07.2013                   Initial e-mail communications

 

Ex.A3 dated 13.07.2013                   Request for confirmed dates

 

Ex.A4 dated 13.07.2013                   Reply mail to request

 

Ex.A5 dated 15.07.2013                   Confirmation e-mail sent in order to - Exhibit                                                 

                                                     CW1/A (Colly) book flight tickets before making

                                                     non-refundable deposit payment

 

Ex.A6 dated 16.07.2013                   Copy of visa letter & procedure sent

 

Ex.A7dated 17.07.2013          Confirmation on blocking flight seats

 

Ex.A8 dated 16.07.2013                   Non-refundable ticket confirmation receipt

 

Ex.A9 dated 15.07.2013                   Cancelled tickets

 

Ex.A10 dated 23.07.2013                 Response from customer service

 

Ex.A11 dated 11.08.2013       E-mail communications to customer service

 

Ex.A12 dated 12.08.2013                 E-mail Communications to customer

 

Ex.A13 dated 13.08.2013                 E-mail Communications to customer

 

Ex.A14 dated 20.12.2013                 E-mail reply to customer service

 

Ex.A15 dated 12.11.2013                 Copy of letter couriered

 

Ex.A16 dated 14.11.2013                 Copy of courier receipts

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

                                                ……. NIL …….

 

 

 

MEMBER – II                                                               PRESIDENT