Chandigarh

DF-II

CC/604/2023

SANDEEP JASUJA - Complainant(s)

Versus

THRILLOPHILIA TRAVEL SOLUTIONS PRIVATE LIMITED. - Opp.Party(s)

03 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	604 of 2023
Date  of  Institution	:	27.12.2023
Date   of   Decision	:	03.09.2024

 

 

 

 

Sandeep Jasuja s/o Sh.Parkash Chander, R/o h.No.3064, Sector 28-D, Chandigarh.

             … … … Complainant

 

Versus

1.  Thrillophilia Travel Solutions Private Limited,     Registered Office A-623, Govind Marg Malviya Nagar Jaipur (Rajathan) 302017 through its CEO Chitra Gurnami Daga.

2.  Chitra Gurnami Daga wife of Abhishek Daga, CEO,     Thrillophilia Travel Solutions Private Limited,     Registered Office A-623, Govind Marg Malviya Nagar Jaipur (Rajathan) 302017.

3.  Apoorva Manwatkar, Sales Executive,    Thrillophilia Travel Solutions Private Limited,     Registered Office A-623, Govind Marg Malviya Nagar Jaipur (Rajathan) 302017.

4.  Jigyasa Taylor, Sales Executive/POC,   Thrillophilia Travel Solutions Private Limited,     Registered Office A-623, Govind Marg Malviya Nagar Jaipur (Rajathan) 302017.

   … … … Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.S.K.SARDANA,                MEMBER

                               

Argued by:    Complainant in person.

OPs ex-parte.

 

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that he planned a foreign trip to Switzerland and Italy to celebrate the 50^th year of his wife and while searching travel companies, he came across the group tours of OP No.1. It is stated that in view of the interest shown by the complainant, the OP No.3 contacted the complainant on 14.08.2023 and suggested a group package namely ‘Discover Italy’ of 8 days 9 Nights covering cities of Rome, Florence, Genoa, Millan, Venice and around, which was to start on 20.10.2023 from Rome and end at Venice on 29.10.2023. It is stated that complainant during the conversation with OP No.3, informed that he wishes to visit Switzerland also for 1-2 days prior to start of trip or after the trip and he & his wife would join the group tour at Rome on 20.10.2023 when the same would be starting from Rome. It is stated that OP No.3 informed the complainant that Schengen Visa has to be applied from Switzerland Embassy which will be applicable for visiting Switzerland and Italy both and nearest date for appointment of VFS Chandigarh is 19.09.2023 and visa of complainant and his wife shall be processed by 10^th or 11^th October 2023. It is stated that payment of group package offered by OP No.1, OP No.3 (official of OP No.1) gave the offer Rs.2,42,894/- excluding TCS (Rs.2,66,588/- including TCS) for two persons and 30% of the said amount i.e. Rs.72868/- (Rs.79976.40 includind TCS) was to be paid as booking amount and 70% amount was to be paid within one month from booking. It is stated that complainant agreed to book the trip on the condition that he shall make the payment of 30% as booking amount and shall pay balance 70% payment of trip as soon as his visa is confirmed by the concerned Embassy. It is stated that vide e-mail dated 18.08.2023 (Annexure C-4) sent on behalf of  OP No.1, it was mentioned that as a special case, the remaining payment can be transferred as soon as the visas of complainant/his wife are confirmed. The complainant deposited 30% of the booking amount, i.e. Rs.79,976.40, on 18.08.2023 and the OP No.1 acknowledged the receipt vide e-mail Annexure C-5. It is stated that on 19.09.2023, OP No.1 asked for providing the copies of passport, PAN Card and flight details, if booked, which were provided by the complainant. It is stated that as per their e-mail dated 18.08.2023 Annexure C-6, OP No.1 was to provide the documents i.e. itinerary, hotel accommodation etc. for the purpose of applying visa within 48 to 72 hrs. but the said bookings were provided only on 23.08.2023. It is further stated that the documents received by the complainant from official of OP No.1 only covered travel from 20.10.2023 to 29.10.2023 and did not cover the dates of the actual travel itinerary of complainant i.e. from 17.10.2023 to 31.10.2023. It is stated that Visa Officer contacted the complainant only on 06.09.2023 and asked for some information which was duly provided and on 09.09.2023, the Visa Officer provided the appointment letter of VFS of 20.09.2023, visa forwarding letter, the dummy hotel vouchers, travel insurance. It is stated that the complainant found that visa is being applied from 20.10.2023 whereas the complainant was to reach Rome/Schengen Area 2-3 days in advance. It is stated that complainant was informed that due to non coordination with the staff of OP No.1, wrong application has been prepared not starting his trip from 17.10.2023. Request was made by complainant to issue revised itinerary and other travel documents for the purpose of applying visa. It is stated that only in the evening of 18.09.2023, the OP No.1 provided the travel documents for the purpose of applying visa to the complainant. Thereafter, the complainant submitted the application alongwith all the required travel documents with the agency appointed by Switzerland Embassy for receiving documents.

    It is stated that as per the agreed terms, the complainant was to pay the balance amount of payment at the time of receipt of Visa, but the officials of OP No.1 kept on demanding the balance amount through emails and whatsapp messages. It is stated that OP No.3 at the time of booking of group tour had assured that the visa of the complainant shall arrive/processed by 10 or 11^th October, 2023, however, when visa did not arrive till 16.10.2023, the complainant written another e-mail requesting for process the visa at priority. It is further stated that on 16.10.2023, official of OP No.1 Ms.Jigyasa (OP No.4) called the complainant on phone and asked him to deposit the remaining amount as OP company has to pass-on the remaining payment to Europe Associate by end of that day otherwise the group tour of the complainant shall be cancelled as they had inserted the clause that the slot booked shall be released if the balance amount is not deposited 4 days before the departure. The complainant informed OP No.4 that as per the agreed terms, he is entitled to pay the remaining amount only on receipt of the Visa which has not yet come. It is stated that finally the complainant received an intimation regarding processing of Visa at 5.34 PM on 16.10.2023 itself and complainant called OP No.4 for depositing the remaining amount, but the later informed that they have cancelled the reservation of group tour of the complainant due to non payment of balance payment. The complainant requested OP No.4 that although the cancellation has been wrongly made but as the visa has come and he is ready to pay the balance payment, the cancellation be revoked as it was cancelled just 2 hours earlier. However, OP No.4 refused the request of the complainant. The complainant again requested through e-mail dated 16.10.2023 which was sent on 7.02 PM pointing out the unprecedented hurry of OP No.1 to cancel the trip which is against the terms settled vide e-mail Annexure C-4 and even when 4 days time had not even expired. It is further stated that complainant reached Rome on 18.10.2023 and was expecting response from OP No.1 regarding joining him in the trip and also ready to deposit balance payment, but the OP No.1 refused the request of the complainant on the ground that the cancellation has been done as per their policy as the payment was to be deposited by night of 15.10.2023. It is stated that due to action of the OP No.1 in cancelling the trip, the complainant and his wife were left stranded in a foreign country and complainant had to shell out more than the double amount for accommodation and transport. It is stated that at the time of cancellation or even till date, the amount deposited has not been refunded. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs with a prayer to direct the OPs to refund the booking amount, expenses incurred by the complainant on hotel/accommodation, train/bus tickets etc. and compensation for mental agony and harassment, litigation expenses.

 

2]       The OPs did not turn up despite service of notice, hence, OPs were proceeded ex-parte vide order dated 22.02.2024. 

3]       Complainant led evidence in support of his contention.

4]       We have heard the complainant in person and have gone through entire documents on record.

5]       The main issued involved in the present complaint is whether OP cancelled tour programme of the complainant as per Agreement (Annexure C-4) wrongly & arbitrarily?

6]       It is observed from the record that OP No.3 (official of OP No.1) gave an offer of Rs.2,42,894/- excluding TCS (Rs.2,66,588/- including TCS) for two persons and 30% of the said amount Rs.72,868/- excluding TCS (Rs.79,976.40 including TCS) was to be paid as booking amount and remaining 70% was to be paid as per Annexure C-4. The complainant paid the booking amount on 18.08.2023 and OP acknowledged the same vide its receipt Annexure C-5.

7]       The complainant has alleged in the present complaint that OPs have cancelled the tour programme wrongly and illegally against the terms & conditions as agreed as per Annexure C-4. It is observed from the record that OPs have not cancelled the tour programme wrongly and arbitrarily but as per terms & conditions mentioned in Annexure C-4 i.e. for non payment of balance amount by complainant. In Annexure C-4, it is clearly mentioned that ‘as per a special case, we have got the confirmation that once you proceed with the 30% payment, we will be holding your slots for Discover Italy (20^th October 2023). The remaining payment can be transferred as soon as you have your visa confirmed. Note: We will have to release your slot at least 4 days prior to your departure to avoid 100% cancellation. Excited to have you on board’.

8]      So in the above said Annexure C-4, a clear bold note is given to the complainant that OP will have to release complainant slot at least 4 days prior to his departure to avoid 100% cancellation. The final date for tour was 20.10.2023 and complainant has not made the balance payment till 16.10.2024. When OPs cancelled the reservation of the complainant for want of balance payment of 70%, then the complainant requested OPs to revoke the cancellation as it was cancelled just two hours earlier. The complainant grievance is that the OPs should have revoked their cancellation and allowed him to join the trip as complainant           was ready to deposit the balance payment. It is observed that as per Annexure C-4, complainant has right to join the tour till last day of the payment but when he did not made the balance payment as per terms & conditions Annexure C-4, then OPs are justified in cancelling the tour programme. After cancellation, complainant has no right to get the cancellation revoked as a matter of his legal right but it is discretion of the OPs to provide favour to the complainant or not. In the present complaint, the OPs are under no legal obligation to revoke the cancelled tour programme for non payment of balance 70% amount. It is mentioned in the terms & conditions Annexure C-4 that OPs will have to release complainant slot at least 4 days prior to his departure to avoid 100% cancellation. The complainant has made 30% of advance payment on 18.08.2023 and he is bound to make the rest of payment either within two months or as soon as his visa for Switzerland is confirmed or at least 4 days prior to his departure to avoid 100% cancellation. As the complainant has lost his right to board on tour programme because of non payment to OPs, so he is not entitled to any relief as there is no deficiency in service or unfair trade practice on the part of the OPs.

9]       Taking into consideration the above discussion & findings, the present complaint deserves to be dismissed. Accordingly, the complaint stands dismissed with no order as to costs.

10]      The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

03.09.2024                                                      

Sd/-

(AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (S.K.SARDANA)

MEMBER

as