Delhi

New Delhi

CC/280/2017

Sunil Kumra - Complainant(s)

Versus

Thomas Cook India Ltd - Opp.Party(s)

10 Jan 2020

ORDER

 

                                              CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 280/2017                                                                  Dated:

In the matter of:

Sunil Kumra,

A-25, New Rajinder Nagar,

New Delhi-110060.

....COMPLAINANT

 

 

VERSUS

               Thomas Cook India Ltd.

                Office no.C/35, Ist Floor,

               Inner Circle, Connaught Place,

                New Delhi-110001

 .....OPPOSITE PARTY

 

PRESIDENT- ARUN KUMAR ARYA

ORDER

      

1. The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant had approached the OP for the booking of tour to US of 2 people, which was to depart on 16/06/2017. Complainant and his wife interviewed by a consular officer on 07/06/2017 but their application for visa was rejected and the same was informed to the OP.
2. It is further stated that complainant had also paid advance payment of Rs. 1,20,000/-  to the OP and was told by OP that in case the cancellation for any reason prior to the departure, the full amount paid as an advance will be refunded immediately. But OP has not refunded the money till date, hence this complaint.
3. OP was noticed and OP filed written statement. It is alleged that the complainants booked honeymoon trip to US for two persons for which complainant had deposited Rs. 1,20,000/- i.e. Rs. 60,000/- each as minimum booking amount i.e. non refundable in case of Visa rejection.  Complainant and his wife interviewed by a consular officer on 07/06/2017 but their application for visa was rejected and the OP cannot be held responsible for non-issuance of the Visa by the consulate. It is further alleged that OP vide its email dated 16/06/2017 informed the complainant that the cancellation charges was Rs. 1,29,775/- and further requested to the complainant to make the payment of Rs. 09,775/- in favour of the OP, but as a goodwill gesture, the OP issued a refund cheques for a sum of Rs. 32,735/- in favour of the complainant with respect to the cancellation of the said tour package. It is further alleged that as per the cancellation terms and the Contract, any cancellation within 30 days or less prior to departure of the tour shall attract 100% Tour Cost, as penalty. It is further alleged that parties to the present case were governed by terms and condition agreed between the  parties at the time of booking. Prayer to dismissed the complaint has been made.
4. Both the parties have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.
5. We have considered the material placed before us and submission of the parties with relevant provisions of law.
6. The complainant had approached the OP for the booking of tour to US of 2 people, which was to departed on 16/06/2017 for which complainant and his wife interviewed by a consular officer on 07/06/2017 there they got rejected their visas for the tour. Complainant had also deposited Rs. 1,20,000/- as advanced payment for the tour to the OP and after rejection of the visas the complainant and his wife were not travelled to US, same was also not disputed by the OP.
7. It is admitted that complainant had deposited Rs. 1,20,000/- to the OP as advanced payment for the tour and OP had denied for the refund of the deposited amount which can be refunded to the complainant as he had not been travelled and availed the services of the OP. But it is clear that OP must have incurred expenses for applying visa for complaints with US authorities, however, this amount is not disclosed. Both the parties are bound by terms and conditions of the agreement. We, therefore, did not hold the OP guilty of deficiency in service and direct it as under:-

1. Pay to the complainant a sum of Rs. 32,735/- along with interest @ 9% p.a. from the date of filing of this present complaint i.e. 26/06/2017  till payment.

ii)    Pay to the complainant a sum of Rs.10,000/- as the cost of litigation.

 

8. The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

            Pronounced in open Forum on 10/01/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

(NIPUR CHANDNA)                                                                                        (H M VYAS)

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