Date of filing: 01/10/2021                                        

Date of Judgment: 03/07/2023

Mrs. Sashi Kala Basu, Hon’ble President.

This complaint is filed by complainants (1) Sri Goutam Bakshi (2) Smt. Chitra Bakshi (3) Smt. Sreoshi Bakshi (4) Smt. Oindrila Bakshi (5) Sri Arup Roy Chowdhury, (6) Sapna Roy Chowdhury and (7) Smt. Tripti Roy under section 35 of the Consumer Protection Act, 2019, against opposite parties (referred as OPs hereinafter) namely Thomas Cook (India) Ltd. alleging deficiency in service on the part of OP.

The case of the complainants in short is that they purchased a Super Budget Europe Tour programme for nine days for the seven persons i.e. complainants in this case. As per the instruction of the OP a sum of Rs. 1,40,000/- was paid by the complainant on 29/11/2019 as a token money in advance. The date of tour programme was from 26/06/2020 but all of a sudden OP cancelled the aforesaid tour programme showing the ground of pandemic of Covid – 19 situation without any intimation to the complainants and deducted the amount of Rs. 98,700/- out of the total amount paid by the complainants of Rs. 1,40,000/- and issued a Credit Note of Rs. 46,584/-. So complainants contacted authorised officer of OP asking as to why without any prior intimation they have deducted the aforesaid amount but they did not get any answer. Complainants have already paid back the Credit Note of Rs. 46,584/-.Since OP has failed to refund the sum present complaint has been filed praying for directing the opposite party to refund Rs. 1,40,000/- plus litigation cost and interest totalling Rs. 2,00,000/-

On perusal of the record it appears that on service of notice OP did not turn up and thus the case has been heard exparte.

In support of their claim during evidence the complainants have filed examination in chief on affidavit and the emails exchanged between the parties.

So the only point requires determination is whether the complainants are entitled to the relief as prayed for?

DECISION WIH REASONS

On perusal of the email sent by the OP, it appears that payment of total sum of Rs. 1,40,000/- in cash against Super Budget Europe Tour on 26/06/2020 for seven passengers have been acknowledged and admitted by the OP. It further appears from those emails that Rs. 10,924/- per person for visa cares plus 2,500/- per person as administration charges plus 5% GST has been deducted by the OP out of the said amount of Rs. 1,40,000/-. Even though they have mentioned in the said email that total Rs. 67,120/- plus 5% GST being deducted but actually OP has deducted Rs. 98,700/- which is also pointed out by Ld. Advocate for the complainant, but the same appears to be a wrong calculation and the said calculation has been made for five persons in place of seven persons. If it is considered for seven persons than total amount deducted would be Rs. 98,700/- .

It may however be pertinent to point out that before this commission no terms and conditions of such tour programme is forthcoming. Even though in the said relevant email the OP has stated the cost of visa and service charges are non-refundable but since the case has been heard exparte there is nothing before this commission regarding the extent of amount OP was entitled to deduct towards alleged non-refundable cost. It is a known fact that the tour programme could not be carried out and got cancelled due to the prevalent situation at that time for pandemic of Covid – 19. Complainants have also stated in the emails sent by them to the OP that neither they are responsible for such situation of pandemic and cancellation therein nor the OP. The said email indicates that the complainants were only aggrieved towards deduction of 11,000/- per person towards visa charges. However, it may be mentioned herein that it is evident from the email sent by the OP to the complainant that they have specifically stated regarding visa stamping in the passports but they did not have update about the UK visas which are processed. So the said email sent by the OP indicate that they had started the process towards obtaining the visa. In such a situation there cannot be any denial that they are entitled to certain deduction. But as it is already highlighted above, that the terms and conditions of tour programme and the exact amount to be deducted by the OP in case of cancellation is not forthcoming before this commission, deduction of Rs. 10,924/- and Rs. 2,500/- per person cannot be accepted as the same has no basis. In such a situation we find that Rs. 7,000/- per person will be justified towards the deduction by the OP and if that be so than the complainants are entitled to refund of Rs. 91,000/-. However in the given situation of this case we find no justification to pass any order as to compensation though the complainants are entitled to litigation cost as they were compelled to file this case.  

Hence

             ORDERED

CC/482/2021 is allowed exparte. OP is directed to refund Rs. 91,000/- to the complainants within 45 days from the date of communication of this order. OP is further directed to pay Rs. 7,000/- as litigation cost within the aforesaid period of 45 days. In default of payment the entire amount shall carry interest @ 7% p.a. till realisation.