Chandigarh

DF-II

CC/11/2017

Bhuvan Duggal - Complainant(s)

Versus

Travel Samurals Pvt. Ltd., - Opp.Party(s)

Bimal MainiAdv.

18 Jan 2018

ORDER

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

======

Consumer Complaint  No	:	11 of 2017
Date  of  Institution	:	03.01.2017
Date   of   Decision	:	18.01.2018

 

 

 

 

1]  Bhuvan Duggal s/o Sh.D.K.Singh, R/o #5047, Category-3, Modern Housing Complex, Manimajra, Chandigarh.

2]  Neha w/o Bhuvan Duggal, R/o #5047, Category-3, Modern Housing Complex, Manimajra, Chandigarh.   

             …..Complainants

Versus

1]  Travel Samurais Pvt. Ltd., SCO No.14, First Floor, Cabin No.6, Above KAVA, Sector 26, Chandigarh through its Managing Director/Authorised Signatory.

2]  M/s AirAsia (India) Pvt. Ltd., Kempegowda International Airport, Ground Floor, Alpha 3 Building, Devanahali, Bengaluru, Karnataka through its Chief Executive Officer.

    2^nd Address:-

M/s AirAsia (India) Pvt. Ltd, 10, Elphinstone Building, Veer Nariman Road, Mumbai 400001, India, through its Chief Executive Officer

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

Argued by: Sh.Bimal Maini, Adv. for the complainant.

 Sh.Rajnikant Upadhyay, Adv. for OP-1.

 Opposite Party No.2 exparte.

 

PER RAVINDER SINGH, MEMBER

 

 

         The facts in issue are that the marriage of the complainants was fixed for 4.11.2016, as such they planned their honeymoon trip and booked the tour package of 6 nights & 7 days for Bali (Indonesia) with Opposite Party NO.1. It is averred that the complainants paid Rs.52,610/- to Opposite Party NO.1 on 12.9.2016 and the tickets were sent by it to the complainants through e-mail, which were from Delhi to Bali departure on 6.11.2016 and return journey on 13.11.2016 through OP No.2 Airlines (Ann.C-2 to C-5). It is averred that the complainants accordingly booked the hotels from 7.11.2016 to 13.11.2016 in Bali through another agent  (Ann.C-6 to C-9).  It is also averred that after the marriage solemnized on 4.11.2016, the complainants left Chandigarh on 6.11.2016 and reached IGI Airport, Delhi well on time, but shocked to know from Opposite Party NO.2 that they cannot board the flight as their passport expiry date is less than six months, as such, the complainants returned back.  Thereafter, the complainant visited Shirdi and Goa till 15.11.2016. It is submitted that the complainants postponed the booking of the hotels at Bali for Jan., 2017.  It is stated that Opposite Party NO.1 never informed the complainants about the passport expiry clause nor they asked for the copy of passport and due to this deficient act of Opposite Party NO.1, the whole programme of the complainants was spoiled. It is also submitted that the complainant also requested the Opposite Party No.1 to either refund the amount paid to it to the tune of Rs.52,610/- or issue fresh tickets, but they did nothing.   Hence, this complaint.

 

2]       The Opposite Party NO.1 has filed reply and while admitting the factual matrix of the case, stated that the fault lies on the part of the complainant No.1.  It is stated that despite specifically asking time & again to the complainant No.1 to supply the passport or its photocopy, instead only sent the passport number with name and date of birth through WhatsApp message. It is also stated that on asking whether the passports of the complainants are having the validity of more than six months, it was replied that the same carry the validity of more than six months and thus, by believing their words, the tickets were booked. It is further stated that the complainants cannot take the benefit of their own wrongs at the cost of Opposite Party. It is submitted that complainant NO.1 apprised the Opposite Party NO.1 that in fact his marriage is fixed for 4.11.2016 and he intend to give surprise to her wife and therefore, he had only asked the passport number by using the trick and he cannot get the copy of the passport or the passport in original, and on his insistence, the tickets were booked.  It is also stated that the booked tickets of the complainants were non-refundable and as such, the complainants have no right to claim for any refund of amount spent on booking of air-tickets from Delhi to Bali and back. Pleading no deficiency in service and denying rest of the allegation, Opposite Party NO.1 has prayed for dismissal of the complaint.

 

         Opposite Party NO.2 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 14.2.2017.

 

3]       The complainant also filed rejoinder reiterating the contentions made in the complaint.

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant & Opposite Party NO.1 and have also perused the entire record.

 

6]       The complainants have booked their flight through Opposite Party NO.1 on 12.9.2016, though, had paid for the tickets on 16.9.2016.  As per WhatsApp message dated 12.9.2016   (Ann.R-1), the complainants had forwarded merely their Passport Numbers, name and date of birth, instead of forwarding the scan copy of their Passport to Opposite Party NO.1. 

 

7]       As per standing instructions/guidelines issued by AirAsia, which is explicit from  Ann.R-2 that if one is travelling anywhere overseas, he need a passport to board an international flight and to enter any country and also his passport must be valid for at least 6 months after the date he enters a foreign country.

 

8]       The complainants had booked the flight for Bali, Indonesia from 6.11.2016 to 13.11.2016 on 12.9.2016 (Ann.C-4 e-tickets) for the purpose of their honeymoon.

 

9]       The marriage of Mr.Bhuvan Duggal and Neha, was solemnized on 4.11.2016.  However, Mr.Bhuvan Duggal, complainant No.1, had arranged for the visit to Bali, Indonesia, much prior to their marriage.  The defence raised by Opposite Party NO.1 that Mr.Bhuvan Duggal, though was asked to submit the copies of their passport, but could not arrange the scan copy of passport of his fiancé Neha prior to their marriage and simply forwarded her Passport Number and date of birth, to Opposite Party NO.1 with directions to book the flight, as he did not want to disclose his plan of visiting Bali, Indonesia and wanted to give a surprise of this plan for honeymoon to his wife only on marriage on 4.11.2016, seems factually correct.

 

10]      The complainants have not produced copy of any agreement between them and OP No.1 regarding package tour programme. The complainants have admittedly booked the Hotels in Bali, through some other agent.  The Opposite Party NO.1 was entrusted only for booking of air tickets, which the Opposite Party NO.1 has done. 

 

11]      The complainants were not permitted to board the flight due to the reason that Passport of Neha was not having 6 months validity from the date of their visit to Bali, Indonesia, for which the Opposite Party No.1, in the present facts & circumstances, cannot be blamed for.  The complainants due to their own negligence and oversight could not able to visit Bali, Indonesia on the date fixed. There is no willful lapse or deficiency in service on the part of Opposite Party NO.1.

 

12]      Keeping into consideration the facts & circumstances in the present case, the complaint being devoid of merit, is hereby dismissed. No order as to costs.

         Certified copy of this order be communicated to the parties, free of charge. After compliance, file be consigned to record room.

Announced

18^th January, 2018                                                       

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER