Tamil Nadu

South Chennai

CC/298/2019

N.P Shankar - Complainant(s)

Versus

Urrshila Kerkar, Executive Director COX & KINGS Ltd Turner Morrison Buildings - Opp.Party(s)

M/s S.P Kumanan

27 Oct 2022

ORDER

 Date of Complaint Filed :07.11.2019

 Date of Reservation      :26.09.2022

 Date of Order               :27.10.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,     : MEMBER II

 

CONSUMER COMPLAINT No.298/2019

THURSDAY, THE 27^th DAY OF OCTOBER 2022

Mr. N.P. Shankar,

S/o. N.G. Punniyakodi,

Old No,85, New No.98,

Ramasamy Street, Mannady,

Chennai – 600 001.                                                            ... Complainant              

 

..Vs..

1.Mrs. Urrshila Kerkar,

   Executive Director,

   Cox & Kings Ltd,

   Turner Morrison Building,

   No.16, Bank Street, Fort,

   Mumbai 400 001.

 

2.Ms.Varshini,

   Sales Executive,

   Cox & Kings – Chennai,

   No.10, Karuna Corner,

   Spur Tank Road,

   Chetpet, Chennai – 600 031.                                     ...  Opposite Parties

******

Counsel for the Complainant        :M/s. S.P. Kumanan

Counsel for the Opposite Parties   :Exparte

 

On perusal of records and having treated written arguments as oral arguments on endorsement made by the Counsel for the Complainant, we delivered the following.

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.35,148/- towards the cancellation of Best of Kashmir Trip amount paid by the Complainant along with interest @24% and to pay a sum of Rs.2,00,000/- towards litigation expenses, mental agony suffered by the Complainant.

2.     The averments of Complaint in brief are as follows:-

     The Complainant got married on 29.05.2019. The Complainant on seeing the advertisement of the Opposite Party “Best of Kashmir Trip” for Honeymoon Couples, had booked the above trip through the Chennai Branch of the Opposite Party, by paying a sum of Rs.36,328/- through the Complainant’s sister account. That tour was for  the period from 22.08.2019 to 27.08.2019 i.e., for six days and five nights. One of the condition for the above trip is that he should purchase Air Ticket to Kashmir and the 2^nd Opposite Party will arrange Accommodation, Vehicle, Food, Boarding, Lodging, etc., except Air Ticket. To the shock and surprise, the Opposite Parties cancelled the trip to Kashmir which was scheduled to commence from 22.08.2019 to 27.08.2019 stating that the special status to Kashmir has been cancelled by the Government of India and as such nobody is allowed to enter into Kashmir. Knowing this the Complainant immediately cancelled his air ticket and also got refund of the amount. Thereafter on 17.08.2019 contacted the 2^nd Opposite Party for refund of Rs.36,328/-  paid by him for the trip to Kashmir. The Opposite Parties have sent a mail stating that they have deducted a sum of Rs.1180/- towards insurance charges and the balance amount 35,148/- will be refunded. The Opposite Parties did not refund the amount even after repeated requests and demands made by the Complainant which amounted to deficiency in service. Hence the Complaint.

3.     The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-12 were marked.

4.     The 1^st Opposite Party did not appear before this Commission even after sufficient notice and remained set exparte. The 2^nd Opposite Party was set exparte for non filing of Written Version.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The contention of the Complainant was that he had  booked a trip namely “Best of Kashmir” for Honeymoon by paying a sum of Rs.36,328/- to the Opposite Party for the from 22.08.2019 to 27.08.2019 i.e., for six days and five nights. He had purchased Air Ticket to Kashmir and the 2^nd Opposite Party had to arrange Accommodation, Vehicle, Food, Boarding, Lodging, etc., except Air Ticket. However, the Opposite Parties cancelled the trip to Kashmir which was scheduled to commence on 22.08.2019 stating that the special status to Kashmir has been cancelled by the Government of India and no one is allowed to enter Kashmir, but not refunded the amount paid by the Complainant inspite of the assurance of refund given by the Opposite Parties.

Upon perusal of Exs.A-1 and A-2, it is found that the 2^nd Opposite Party had send the details of the tour package Best of Kashmir. The Complainant had paid a sum of Rs.36,328/- to the Opposite Party on 16.07.2019 as per Ex.A-3, the receipt is Ex.A-5. Pursuant to which the 2^nd Opposite Party had sent an e-mail dated 16.07.2019 containing the booking details with check in date as 22.08.22 and check out date 27.08.2019 i.e., for 5 nights and 6 days. The Opposite Parties had also issued Confirmation Service Voucher, Ex.A-6 with a detailed itinerary from day of arrival to Sri Nagar on 22.08.2019 to depart Sri Nagar on 27.08.2019. However, the Opposite Parties had cancelled the trip due to the cancellation of special status of Kashmir by the Government of India as contended by the Complainant. On 29.08.2019, the Opposite Parties had sent an email cancelling the booking of Best of Kashmir Trip. Hence the Complainant by e mail dated 05.09.2019, Ex.A-8 had requested the Opposite Parties for refund of amount paid for which the Opposite Parties had sent reply mail dated 09.09.2019, Ex.A-9 regarding refund of a sum of Rs.35,148/-.  According to the Complainant the Opposite Parties had not refunded the amount and hence had sent a legal notice dated 14.10.2019, Ex.A-11, calling upon the Opposite Parties to refund the sum along with compensation, which evoked no response.

On careful consideration of the facts and circumstances of the case it is found that the Opposite Parties after receiving a sum of Rs.36,328/-from the Complainant for the Best of Kashmir Trip for the period from 22.08.2019 had cancelled the trip. Though the cancellation of trip arranged for his honeymoon would have caused great mental agony the reasoning for such cancellation is due to decision of the Government of India in revoking the special status of Jammu and Kashmir is plausible. However, the Opposite Parties,  after cancellation of Trip and accepting for refund of the money paid by the Complainant has not come forward to repay the amount. Even after receipt of the legal notice sent by the Complainant the Opposite Parties neither refunded the amount nor given any reply. In view of the forgoing discussions, this Commission is of the considered view that the Opposite Parties had committed deficiency of service. Accordingly Point No.1 is answered in favour of the Complainant.

Point Nos.2 and 3:

We have discussed and decided that the Opposite Parties had committed deficiency in service on their part, hence the Complainant is entitled for a sum Rs.35,148/- towards the cancellation of best of Kashmir Trip amount paid by the Complainant with interest @ 9% p.a from the date of complaint i.e., 07.11.2019 to the date of this order and to pay a sum of Rs.10,000/- towards deficiency of service and mental agony suffered by the Complainant along with the cost of Rs.3000/- Accordingly, Point Nos 2 and 3 are answered.

In the result the Complaint is allowed in part. The opposite parties 1 and 2 are jointly and severally directed to pay a sum of Rs.35,148/- (Rupees Thirty Five Thousand One Hundred and Forty Eight Only) towards the cancellation of Best of Kashmir Trip amount paid by the Complainant with interest @ 9% p.a from the date of complaint i.e., 07.11.2019 to the date of this order and to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards deficiency of service and mental agony suffered by the Complainant along with the cost of Rs.3,000/- (Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 27^th of October 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

Ex.A1	15.07.2019	Copy of Booking details intimation letter by 2nd Opposite Party
Ex.A2	16.07.2019	Copy of Booking enquiry Details sent by the 1st Opposite Party
Ex.A3	16.07.2019	Copy of Payment Transaction Details
Ex.A4	16.07.2019	Copy of Booking summary
Ex.A5	17.07.2019	Copy of Payment receipt
Ex.A6	22.08.2019	Copy of Confirmation service vouchers
Ex.A7	29.08.2019	Copy of e-mail letter for cancellation alert message by 2nd Opposite Party
Ex.A8	05.09.2019	Copy of e-mail letter to 2nd Opposite Party
Ex.A9	09.09.2019	Copy of 2nd Opposite Party’s reply to Complainant
Ex.A10	20.09.2019	Copy of Courier slip
Ex.A11	14.10.2019	Copy of Legal notice of the Complainant along with Acknowledgement Card
Ex.A12	-	Copy of Aadhar Card of the Complainant

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT