Chandigarh

DF-II

CC/147/2019

Vivek Gill - Complainant(s)

Versus

Trip 360 powered by Cox & Kings Limited - Opp.Party(s)

Arun Singla Adv. & Gaurav Chadda Adv.

04 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	147/2019
Date of Institution	:	19.03.2019
Date of Decision	:	04.01.2024

 

                     

            

 

Vivek Gill son of Sh. Tarsem Singh Gill, Resident of House No. 1181, Sector 68, SAS Nagar Mohali (Punjab).

...Complainant

Versus

1. Trip 360 powered by Cox & Kings Limited through its Authorized officer/Chief Executive Officer having its registered office at Turner Morrison Building, 16 Bank Street, Fort, Mumbai-400001.

2. Cox & kings Limited through its Branch head, SCO 186-187, Sector 8-C, Chandigarh.

3. Cox & Kings Ltd, Plot No. 108, 1st Floor, Nimitaya Info Tech, Udyog Vihar, Phase-1, Gurugram (Haryana)-122016.

…. Opposite Parties

 

BEFORE:-
	AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	None.

 

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

1.         By this common order, we propose to dispose of two connected consumer complaints in which common questions of law and fact are involved. The particulars of the case are as under:-

1	2	3	4	5
Sr. No.	C.C. No.	Complainant’s Name	Opposite Party’s Name	Amount Deposited (in Rs.)
	CC/147/2019	Vivek Gill	Trip 360 powered by Cox & Kings Limited & Ors.	1,47,910/-
	CC/148/2019	Roop Kanwar Singh	Trip 360 powered by Cox & Kings Limited & Ors.	2,51,361/-

2.         The facts are gathered from C.C.No.147/2019- Vivek Gill Vs. Trip 360 powered by Cox & Kings Limited & Ors.
3.     The case of the complainant is that the OPs approached him about the Adventure Tour Package to Canada under Trip 360 powered by Cox and Kings Limited.  The copy of the Booking Form for adventure trips & details filled up by the complainant and Terms and conditions for booking adventure tour are Annexures C-1 and C-2. The OP through E-Mail (Annexure C-3) provided the complete itinerary of the trip which included 12 days duration starting from Calgary from Vancouver. The OPs assured to provide tour which includes Hotel Stay, Flight, Travel Arrangements, Visa Arrangements and Site seeing Arrangements. The total cost of the tour was Rs.2,51,361/- and the complainant paid Rs.73,955/- on 28.04.2018 and Rs 73,955/- on 28.04.2018 through HDFC credit card. The complainant was also assured that in case the tour got cancelled due to any reason the full amount was to be refunded. As per the plan, the OPs issued e-tickets (Annexure C-5) to the complainant, whereby the complainant was scheduled to fly from Indira Gandhi Delhi International Airport to Narita in Tokyo in Air Canda Airline on 08.06.2018 at 2115 hrs and then Narita from in Tokyo to Calgary International Airport on 09.06.2018 at 1615 hrs and complainant was to return from Vancouver International Airport to Incheon International Airport in Seoul on 23.06.2018 at 1100 hrs and then from Incheon International Airport in Seoul to Indira Gandhi International Airport Delhi on 24.06.2018 at 2010 hrs. Subsequently, the complainant wrote number of e-mails to the OP regarding the tour package and thereafter ultimately, he received an e-mail from the Canadian Embassy on 17.05.2018, whereby the complainant was declined the temporary resident visa on the ground that he did not meet the requisite criteria (Annexure C-6).  It has been averred that the OP played a fraud and even after having the knowledge of the instructions and amendments does not disclose the complainant just to embezzle the hard money of the complainant.  Thereafter, the complainant requested the OPs to refund the deposited amount but to no avail. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking refund of the deposited amount along with interest, compensation and litigation expenses.  
4.     After service of notice upon the OPs, they filed their written version and took preliminary objections inter alia that the complaint is wholly misconceived and the same is not maintainable before this Commission; the complainant has not approached this Commission with clean hands; the Commission has no jurisdiction to entertain and try the complaint.  It has been stated that the complainant along with his friend booked Canadian Rockies Westbound (G-Adventures) tour package on 15.02.2018 through OP No.1's Mumbai office located at Vaman Center (online booking) having departure date 09.06.2018. The complainant was provided the detailed itinerary on 18.01.2018 through Email and thereafter the Booking Form and Terms and Conditions of the tour were sent via Email dated 18.04.2018 and which was duly read, understood and signed by the Complainant and his friend and sent to Opposite Party No.1 vide email dated 21.04.2018 and the same were binding upon the parties. It has further been stated that the total cost of the tour was Rs.5,02,771/- for 2 passengers and they received Rs.4,01,271/- from the Complainant and his friend Mr. Roop Kanwar Singh, thus leaving a balance of Rs.1,01,500/. Out of total Rs.4,01,271/-, the Complainant Mr. Vivek Gill paid Rs.1,47,910/- and remaining Rs.2,51,361/- was paid by the friend of the Complainant Mr. Roop Kanwar Singh. It has been admitted that the total tour cost of the complainant and his friend was Rs.2,51,361/- each. It has been denied that the Complainant was ever assured that he would get full refund amount in case his tour got cancelled due to any reason.  It has further been stated that for any international tour to operate, the services like air tickets, hotels, coaches, transfers, insurance is booked well in advance to ensure the availability of the services for the passengers. It has further been stated that after the rejection of the visa, the complainant was advised to reapply for the visa, however, the same was not reapplied for the reasons best known to him. It has further been stated that as per the agreed and duly signed terms and conditions of the tour, if the tour is cancelled due to any reason whatsoever, the company shall not liable to pay any compensation, interest, damages and 100% cancellation amount is applicable if the tour is cancelled.   It has further been stated that the Embassy/Consulate is an autonomous body and grant/rejection of the visas is the sole discretion of the concerned embassy and the OP only act as a facilitator and the same was explained to the complainant and his friend and they signed the terms and conditions only after understanding the same. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
5.     The complainant filed replication to the written reply of the Opposite Parties controverting their stand and reiterating his own.
6.     None is present on behalf of the parties at the time of arguments. The case is very old, therefore, we decided to dispose of the complaints even in the absence of the parties and after providing the parties number of opportunities of being heard and after going through the documents available on the file.
7.      From documents available on the file, it is clear that the Hon’ble National Company Law Tribunal, Mumbai Bench vide its Order dated 22.10.2019 passed in CP(IB)-2640/I&B/MB/2019 under Section 7 of the Insolvency and Bankruptcy (I&B) Code, 2016 in the matter of Rattan India Finance Pvt. Ltd. Vs. M/s Cox & Kings Ltd., has prohibited the institution of suits or continuation of pending suits or proceedings against the Corporate Debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority.  It has further been mentioned in the order that the order of moratorium shall have effect from 22.10.2019 till the completion of the corporate insolvency resolution process or until the Bench approves the resolution plan under sub Section (1) of Section 31 or passes an order for liquidation of Corporate Debtor under Section 33, as the case may be. Further, the Hon’ble National Company Law Tribunal, Mumbai Bench vide its order dated 10.01.2020 passed in MA No.4050/2019 in CP No.2640/I&B/2019 has appointed Mr.Ashutosh Agarwala as Resolution Professional. 
8.     In this view of the above matter, the complainant(s) is/are at liberty to approach Mr.Ashutosh Agarwala, appointed as Resolution Professional in respect of her/his claim made in the present complaint, if not earlier lodged and shall have liberty to file fresh one, if legally entitled to do so.
9.      Accordingly, both the present complaints stand disposed off in above terms with liberty as aforesaid.
10.     The pending application (s), if any, stands disposed off accordingly.
11.      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 in open commission 04.01.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER