DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No. 509/2013

ASHWANI GARG

S-382, PANCHSHEEL PARK,

NEW DELHI

….Complainant

Versus

THOMAS COOK INDIA LTD.

FF 22, MFG METROPOLITIAN MALL

SAKET, NEW DELHI-110017

        ….Opposite Party

 Date of Institution    :   03.10.2013    

 Date of Order            :   17.06.2022    

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Sh. U.K. Tyagi, Member

ORDER

Member: Ms. Kiran Kaushal

1.      Succinctly put, Complainant alongwith his family members i.e Wife , Daughter, Ms. Jaishree Gupta and Sh. Pramod Gupta took a tour package for Russia and Turkey from Thomas Cook India Pvt Ltd., (hereinafter referred to as OP). Consideration of Rs. 8,14,000/- was paid towards total cost of package in advance.

2.      The said package was for 08 Nights and 09 Days from 10.06.2013 to 19.06.2013. It included 02 Nights accommodation in Moscow, 03 Nights in St. Petersburg and 03 Nights at Istanbul (Turkey). The package also included Air fare, Hotel accommodation, Visa and Insurance etc.

3.      Alleging deficiency in service Complainant stated that though the Complainant had paid for to and fro Air fare including vegetarian meal  in the flight, they were not served vegetarian food during the flight from Delhi to Moscow. The Complainant and his family were forced to travel empty stomach for more than five hours from Delhi to Moscow.

4.      It is stated that OP charged for visa and other documents, however, Mrs. Neena Garg, wife of the Complainant was detained by Moscow Immigration Staff for more than four hours due to a silly and wrong posting of her date of birth by OP. Wife of the Complainant had to face humiliation and ill treatment at the hands of Moscow Immigration Authority for four hours due to the mistake of OP. It is stated that Complainant alongwith other family members had to spend more than 500$ on food and other expenses at that time.

5.      It is next stated that Complainant and his family after the harrowing experience at the airport, came out and found that there was no taxi for pick up though they had already paid in advance for the same. Complainant kept calling the emergency number of OP for pickup and was assured that cab would come within few minutes but the cab came after two hours. Copy of mobile bill of the Complainant for June, 2013 is filed on record as Annexure - D.

 6.     It is further stated that during the Moscow tour, Complainant and his family were not taken inside and around any public/historic monuments and sites, which was against the promises made at Delhi. After the tour the entire family was dropped by the chauffeur 2 Kms. before the Moscow Railway Station despite several requests .Complainant alongwith his family had to drag their entire luggage i.e  09 bags on foot to the platform which was a punishment in itself. Again during the flight from St. Petersburg to Istanbul the entire family was not served in flight vegetarian refreshments and complainant was forced to spend 500$ on food in the flight.

7.      It is further stated that the families ill-fate did not stop there  as when the Complainant alongwith his family landed at Istanbul due to political unrest , public protests were going on  there. There was no taxi for pickup. Complainant himself booked a taxi for pickup. A van with a guide picked the entire family,upon complaints. However the  Complainant  and his family  were dropped half a kilometer before the Hotel and en route  to the hotel  Complainant and his family faced great difficulty as the local police  was attacking the mob with tear gas shells. Wife of the Complainant Mrs. Neena Garg was hit by tear gas shell. Complainant’s  overcoat  got misplaced in the confusion. Complainant alongwith his family reached the hotel but no food and accommodation was provided there.

8.      It is stated that the entire package was highly mismanaged, complainant had to face great difficulties. It is stated that Complainant incurred about 4000$ towards total costs of logistics in taxies and food despite payment of the same in advance to OP. It is stated that there were no food and accommodation at Hotel at Istanbul.  It is further stated that next day family was scheduled  for a city tour but they were not picked from the destination and the guide asked to join them by their taxi at a common points. When the family reached there the guide had already finished half day city tour.

9.      Alleging deficiency in service of OP, Complainant approached this forum with prayer to direct OP  to  refund their entire tour  package amount i.e Rs. 8,14,000/- and also pay Rs. 11,50,000/- as compensation to the Complainant towards deficiency in service, mental torture, agony and humiliation during the Tour.

10.    OP resisted the complaint stating inter alia that while the cost of visa was not included in the tour cost; OP out of goodwill and to facilitate the Complainant provided guidance for visa. No charge was made by OP for visa processing.

11.    It is next stated that as regards the availability of food from Delhi to Moscow flight OP submits that it did  not inform the international airlines at the time of booking that Complainant and his family was to be served vegetarian meal . Being an International Airline, by default they provide non-vegetarian meal to all their passengers which was served to the complainant and was refused.

12.    It is further stated by OP that it is evident from the passport and visa of the wife of the Complainant that the date of birth mentioned in the visa is 10.04.1991, which is same as mentioned in the passport, therefore the contention that OP posted wrong date of birth is false.

13.    OP, next stated that driver alongwith the vehicle was waiting for the Complainant and his family but due to delay of four hours at immigration, Complainant did not inform that they will be coming out late from the airport. However, as soon as the Complainant called the service provider in Russia, Complainant was directed to the area where the driver was waiting.

14.    It is next submitted that Complainant was denied the entrance tickets for entry in historical place at Moscow as the entry tickets were not included in the tour costs. The tour was conducted as per the terms and conditions mentioned in the Brochure where it is   specifically stated that the entrance tickets for entry into the historical places/museums at Moscow were not included in the tour costs. Same is duly signed by the Complainant . It is also denied that Complainant and his family was dropped  2 Kms away before the Moscow Railway Station rather Complainant and his family  was dropped closest to the Railway Station, as permissible.  

15.    It is further stated that OP cannot be held responsible for sudden political outburst in Istanbul, the same was beyond the control of OP. However, OP made best possible efforts to protect the Complainant and his family from the violent situation and made efforts to make all the passengers comfortable despite the turmoil. OP has next denied the allegation as regards the non-availability of food and water in the hotel. It is specifically denied that Complainant or his family members missed the Moscow city tour. It is thus prayed that the complaint be dismissed with costs being frivolous and vexatious.

16.    Complainant has filed rejoinder reiterating the averments made in the complaint. Evidence by way of affidavit and written arguments are filed on behalf of parties. Submissions made on behalf of OP are heard. Material placed on record is perused.

17.    Admittedly, Complainant and his family members took a package of Russia and Turkey ( 08 Nights/09 Days) with  the total package cost of Rs. 1,60,562/- per adult. Perusal of the copy of Visa dated 04.06.2013 and 10.06.2013 filed as Annexure B & C respectively show that there was error in the date of birth of Complainant’s wife which is apparent, as on the Visa dated 04.06.2013 the date of birth  mentioned is 10.04.1971 whereas  in Visa dated 10.06.2013 it is  mentioned as  10.04.1991. The error in the date of birth in the Visa of wife of the Complainant evidences the fact that the Complainant and his family must have been detained by the Immigration officers/staff. Though, OP did not charge for visa processing, it is admitted that OP acted as a facilitator, therefore if some error cropped up in the Visa, OP cannot wash his hands off.

18.    Further, OP has admitted that it did not inform the Airlines at the time of booking that Complainant and his family was to be served vegetarian food and therefore by default the international airlines provided non-vegetarian meal to them. Coupled with the harassment faced at the immigration office and not having had any meal for quite number of hours amounts to deficient services being provided by OP.

19.    As there was delay in the immigration office Complainant and his family had to wait for quite some time at the airport   without any taxi or cab , same is established from the itemized bill  of mobile phone appended at Page - 16 of the complaint. As regards the political outburst in Istanbul it will not be fair to say that OP knowingly and purposely made the tour to Istanbul as OP would not put the life of his members/staff at risk, let alone it’s customers.  Otherwise also there is usually a clause exempting liability in natural calamity or war like situation. Therefore this plea of the Complainant is rejected.  As regards the entrance tickets for entry to the historical places/museum at Moscow, Complainant has  not filed any brochure or the agreement of the package tour to show that entrance tickets were inclusive in the package. No receipt towards Taxi fare or Food Bill has been filed by the complainant to establish the charges towards same.

20. However, there is no denying the fact that the Complainant and his family booked the tour package for fun, relaxation and enjoyment whereas during the tour Complainant and his family had to face lot of hardships and had to shell out extra money despite certain services inclusive in the package. Nonetheless, complainant cannot claim refund of the entire tour package, as he did go through the tour and avail the services of OP. Yet, for the harassment on the flight to Moscow and the Immigration office at the airport we find that OP was deficient in his services to that extent.

21.    In view of the facts and circumstances discussed above, we are of the opinion that the ends of justice would be met if OP pays compensation to the Complainant for the harassment and mental agony incurred upon them. Therefore, OP is directed to pay Rs. 1,00,000/- in lump sum within three months from receipt of the order. Failing which OP shall pay Rs. 1,00,000/- @8% interest from the date of filing of complaint till realization.

File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website.