Complainants Gautam Gupta and Smt.Ambika Mahajan through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that their complaint may kindly be accepted and opposite parties be directed to pay Rs.1,25,000/- alongwith interest @ 9% P.A. from the date of filing the present complaint till its realization and also to pay Rs.50,000/- as compensation and damages for causing inconvenience, harassment, pecuniary loss and due to deficiency in service on the part of the opposite parties alongwith Rs.10,000/- as cost to them, in the interest of justice.
- The case of the complainants in brief is that the marriage ceremony of the complainant was 21 March 2015 and for that purpose they wanted to go to East Europe and in the advertisement, the opposite parties offered the package of Rs.60,000/- per person for East Europe. They contacted the opposite parties on Toll Free number and as per request, they deposited the amount of Rs.20,000/- in advance and told the opposite parties that they want to get package of East Europe and the amount of Rs.20,000/- has been credited in the account of the opposite parties through Credit Card of Gautam Gupta. The opposite parties on the E-mail ID of the complainant no.1 i.e.
- Notice of the complaint was served upon the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable; the complainant has not approached this Hon’ble Forum with clean hands and deliberately not disclosed the complete and true facts in the complaint; no cause of action has arisen within the territorial jurisdiction of this Hon’ble Forum; the complainant has filed a completely false and vexatious complaint and the opposite party seeks the indulgence of this Hon’ble Forum to add, amend or supplement the submissions made for want of territorial jurisdiction of this Hon’ble Forum. On merits, it was submitted that the complainants voluntarily contacting the opposite party and enquiring about a group package to Europe. The concerned representative of the opposite parties provided detailed information to the complainants including the fact that the opposite party offers basic documentation and processing assistance for visa, to its clients opting for the group package tours. It was duly explained to the complainants that the opposite party does not have any role in the grant or rejection of the visa which is the sole discretion of the concerned consulate/embassies who exercise this power, in discharge of its sovereign functions. In fact it is duly explained to all intending customers that although the group package tours may sometimes be more economical in comparison to customized services, however, due to the pre-arranged nature of such tours the opposite party has to impose cancellation charges as per its standard cancellation policy in the event of any customer not being able to embark on the tour for any reason whatsoever, including the delay or rejection of visa by the concerned consulates. The fact that the Visa application has been forwarded by the opposite party has no bearing on the imposition of cancellation charges. The complainants were also guided that the complete information regarding the tour in question is available on the online portal of the opposite party. It was only after understanding and accepting the governing terms and conditions of the tour that the complainants booked the group tour for East Europe departing on 26.3.2015, marketed as “East European Dhamaka” by making an online payment of Rs.20,000/- as booking amount. It was further submitted that the visa applications are first scrutinized by the outsourcing agency of the embassy, at the VFS application centre. Only complete, error free applications are forwarded by the said agency to the Consulate. As soon as the opposite party received intimation regarding the embassy calling the complainants for a personal interview on 3.3.2015, it apprised the complainants vide emails dated 27/28.2.2015. After personally meeting the complainants at the interview, the embassy concerned rejected the visa application of the complainants on 14.3.2015 exercising their discretionary powers. The complainants were immediately informed telephonically and were then forwarded the standard template visa rejection letters sent by the embassy vide email dated 16.3.2015. As the complainants could not travel on the tour due to the rejection of visa, their request for cancellation was processed on 16.3.2015 and vide email dated 19.3.2015 they were informed about the cancellation charges of Rs.55,000/- per person. All other averments made in the complaint have been specifically denied and lastly prayed for dismissal of the complaint with costs.
4. Counsel for the complainants has tendered into evidence affidavit of complainant Ex.C1 along with other documents Ex.C2 to Ex.C11 and closed the evidence.
5. Counsel for the opposite parties tendered into evidence affidavit of Sh.Jashan Giri Assistant Manager Ex.OP-1, alongwith other documents Ex.OP-2 to Ex.OP-15 and closed the evidence.
6. We find that the present complaint has been preferred by the young couple from Pathankot seeking redressal of their consumer grievance(s) caused by the opposite party Foreign Tour Planners/ Holiday Organizers: M/s Thomas Cook by way of hefty cancellation charges of Rs.1,10,000/- upon refusal of ‘visa’ to travel abroad vide travel-tour costing Rs.1,25,000/- only including the visa fee etc; through judicious dispensation of justice by refund of the deposited amount with interest along with cost and compensation. That allured by the OP’s advertisements pertaining to the Foreign Tours, they had approached the OP to arrange the 6-7 day ‘travel-tour’ to East Europe for the couple including the visa etc and also paid them a total sum of Rs.1,25,000/- as its full costs and expenses. However, upon refusal of visa to them by the alien country the OP charged Rs.1,10,000/- as cancellation charges and offered the refund of the balance in a total unfair and disproportionate manner.
7. The OP service providers counsel stated that grant of visa has been a sovereign prerogative function of the alien country and since they had already paid for the ‘travel-tour’ on discounted arrangements in advance to the ‘airlines’ and the ‘hotels’ etc from whom no ‘refunds’ are feasible and that justifies the levied cancellation charges of Rs.1,10,000/- out of the total tour-cost of Rs.1,25,000/-.
8. We have carefully examined and thoroughly considered the evidence along with its supporting documents (statutory merits etc) as available on records and find that the complainants have successfully proved the ‘disparity and unjust’ meted out at the infringing hands of the opposite party tour operators who have apparently adopted ‘unfair trade practice’ to have unscrupulously exploit the subservient position of the complainants and that lines them up to an adverse statutory award under the Act. The OP tour operators have been in the line of foreign tour-travel business since long and must have faced similar situations in the past also but instead of finding an amicable and consumer friendly solution to the such-like situations they have exploited the same to the detriment of the ‘consumer’ and to its own profit. Finally, the OP service providers are held liable to repay the amounts credited by the complainant in their Bank A/c along with interest besides cost and compensation of course by deducting the ‘visa’ fee etc if paid by them.
9. In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party Thomas Cook to refund the deposited amount to the complainant (with deduction of visa-fees expenses only, as paid by them) besides to pay Rs.5,000/- as cost and compensation within 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of orders till actual payment.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
October 25, 2016 Member.
*MK*
