Complainant:





1. Sou. Asha Shankar

W/o. S.N.G. Shankar

Aged 61 years



2. Sri. S.N.G. Shankar

S/o. Late S.N. Shama Rao

Aged 67 years

Both residing at 2568

8th Main, BSK 2nd Stage

Bangalore- 560 070


/vs/


Opposite Party:


Mr. Anup D’Souza

Senior Manager

Thomas Cook (India) Ltd.,

70, M.G. Road

Bangalore-560 001


O R D E R


This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) for the payment of Rs.25,936/-, compensation of Rs.1.00 lakh.



The brief facts of the case are that the complainants got attached towards summer 2008 100% Holiday Experience from Thomas Cook (India) Ltd., M.G. Road, Bangalore-560 001. The Brochure was colorfully described and published. The complainants got attracted with the various schemes of Leisure Travel. The complainants selected European Extravaganza for travelling 4th May 2008 from Bombay. The Op charged Rs.1,79,100/- for each of the ‘C’ amounting to Rs.3,58,200/-This was paid as required by the Op in their receipt dated 8/1/2008 and 24/03/2008. The complainants have paid on time as demanded by them and there is no dispute on this. The OP had advertised a Scheme of ‘Add on Tour’ included in the above charges for the first 1000 passengers.

Accordingly, the complainants selected ‘2 Nights CAIRO’. As per the brochure in “Holiday Booking made Simpler” – under the heading “Air ticket and other tour Documents”, it says……………… “ You will receive Air Tickets from us 7 days prior to the departure along with the tour tickets and other related documents”. Initially the OP promised 25th April 2008 as the date for handling over the documents and accordingly the complainants had done train reservation to Pune on 30th April 2008 to attend social function on 1st May 2008 and stay with them upto 3rd May 2008 and then proceed to Bombay. This was an economical decision. But the Op could not give the documents and hence the programme was cancelled. The complainants went on waiting for the documents. Insptie of repeated follow up, the OP did not give the documents even on 30th April 2008. At a short notice it was not possible to get train reservation again.

Therefore the complainants made fresh reservation by Air tickets to Bombay in a deal for 2nd May 2008 leaving Bangalore at 6.50 Pm. This was with the full knowledge of Op and OP promised to give all the documents on 1st May 2008. But this did not happen. Hence complainant placed a person in the Op’s Office on 2nd May 2008 at 10.30 am. After hectic follow up, the Op give the documents at 3.30 pm to our person while complainants have to leave for Airport at 5.00 pm. All these happened even though complainant had paid all the payments before March 2008. One can realize the amount of anxiety and tension the complainants went through at this old age in a programme of ‘Holiday Travel’. The complainant had to stay in a hotel at Bombay for one day since the flight to Cairo was at 4.00 am on 4th May 2008 and complainant have to reach Airport at mid night on 3rd May 2008.



With the full knowledge of Op, the complainant had planned to leave London on 21st May 2008 to San Francisco and tickets were booked. Hence this situation gave complainant lot of nightmares starting from 25th April 2008 when the dates for handing over documents got continuously postponed and created lot of uncertainties in the mind. Finally Op committed for 30th April 2008 which also they could not adhere. Suddenly on 29/04/2008, the Op sent a written communication to pay Rs.4,028/- in addition to already paid full amount. This Op said is towards fuel price increase. The complainant impressed on OP that already tickets are issued on 23rd April 2008 and hence insisted to get the certificate from the concerned Air carrier. Op could not get the same. The OP informed that the documents will be given only after this amount is paid and without insisting certificate from the Air carrier. Since complainants had already invested a huge amount, he was forced make payment and receives documents on 2nd May 2008.



The complainants departed at 4.00 am from Bombay on 4th May 2008 and reached Cairo at about 6.00 am Cairo time. The OP did not provide drinking water, Breakfast and Lunch and directly lodged the complainants in the hotel. This was even though the offer is inclusive of Breakfast Lunch and Dinner. The complainants vegetarian and in a new place like Cairo were put into lot of hardships. The temperature at Cairo was more than 43 degree C. Though the brochure clearly mentions, one can drink water from the tap in the room once one reaches Rome, the tour manager cautioned us not to drink water from tap till Paris, Op did not provide water. The complainants were forced to buy drinking water at exorbitant cost. The Op also cautioned the customers not to use TV since it may be billed by the Hotel. Generally hotel accommodation includes drinking water, TV and News paper.



The complainants wrote to Op pointing out the various deficiencies of the service in the letter dated 21/07/2008 which is duly acknowledged by the OP and sought compensation. After lot of correspondences, Op has agreed to the lapses and offered a meager compensation towards the lapses in the Cairo trip only. This is not acceptable to the complainant and hence the complainant approached this forum.



Op appeared through its counsel, filed its version and also gave evidence by way of affidavit. Complainant gave his evidence by way of affidavit. Heard arguments on both sides.



Complainants mainly on 4 points claimed the compensation and the refund of an amount



1) Delay in providing necessary documents, which caused mental strain and anxiety.

2) No facilities at Cairo for breakfast, lunch and drinking water.

3) Bad service from Rome to Paris, drinking water and T.V. facilities.

4) Mental agony and shocks



According to printed brochure issued by the Op for the heading of “Air tickets and tour documents”, they have specifically stated that “you will receive your air tickets from us 7 days prior to the departure along with the tour ticket and other related documents. This will be given provide we have received full payment (INR & EURO) from you. Your tour ticket entitles due to travel on the tour and must be presented to your Thomas Cook Tour Manager on day one of the tour”. As per schedule of the tour starting of the tour was on 04/05/2008 at 4.00 AM. The Op was expected to delivery all the necessary documents including passport visa and air tickets to the complainant 7 days prior to 04/05/2008 but admittedly the same were provided to the complainant on 30/04/2008. According to learned counsel for Op not only the complainant, all the passengers of the tour received on the same day because there is some technical formalities in getting the documents and the Op is not controller or operating in airline coach company hotel to transport and hence there is some delay in getting the documents and that can not be called as deficiency in service.

No doubt, there are some technical formalities in getting the documents connecting to the tour. Admittedly, as submitted by the learned counsel for Op, Op is a reputed Company in organizing the package tours. When the company and other passengers become the members of the package tour, some of them were new to the out side world and from the beginning they have to prepare for the tour not only physical but also mentally. It is not the case of the Op that the amount was not paid by the complainants. Much prior to the schedule date, the entire amount was paid by the complainants. When the date of the journey was fixed the complainants have to make their own arrangements for the said tour.

But when they have not received the necessary documents naturally they will in a dilemma whether the tour would be successfully starts from the date as fixed or not. Till receiving of the tickets and other necessary documents complainant can not make their own arrangements for the tour and at the same time there will be an anxiety and agony. When the Ops were organizing such a big package tour it is their bounden duty to maintain the dates and timings as per the brochures supplied by them. When the Op has not provided the necessary documents as per their assurances in the brochure naturally it causes mental agony and anxiety to the complainants and the said act of the Op definitely amounts to deficiency in service.



The complainants alleged that the OP has not provided breakfast, lunch and drinking water at Cairo. As per the brochure, Op has published as below.



“Today arrive into Cairo, Meet your local representative or a Thomas Cook Tour Manager outside the baggage hall, who will transfer you to the restaurant for a delicious Indian dinner. Later check into your hotel. Overnight at Movenpick Pyramids or similar in Cairo”.



As per this brochure, Ops have to provide dinner soon after landing at Cairo. According to learned counsel for Op, the passengers arrive in Cairo at late evening due to changes in schedule in the air actually it is out of their control and therefore not provided with breakfast and lunch since it was no part of the programme. As per the brochure itself they have clearly mentioned that the dinner would be provided before check into the hotel room. Nowhere they have stated that they are going to provide breakfast or lunch or drinking water and in the same brochure they have clearly stated “There is no system of providing drinking water in the rooms. Normal tap water is safe for drinking all over Europe”.

When they have specifically stated about not providing the drinking water, the complainants can not expect the Op to provide drinking water. It is an option. If the complainants have purchased the drinking water it is on their own interest and safety for themselves. But can not blame the Op for not providing the drinking water. When we peruse the correspondences, the Op has a gesture on goodwill offered Rs.1,000/- towards breakfast and lunch on the first day of the tour. Even though, there is no mention of providing breakfast and lunch on the first day of the tour the Op offered Rs.1,000/- to the said programme. Therefore, there is no deficient in service on the part of the Op in respect of breakfast and lunch and supply of drinking water.



The complainants submitted that no T.V. facility was provided in the hotel room. The learned counsel for Op submitted that some of the T.V. channels are paid channels and all those things are not covered under the package tour. All the facilities are not complimentary and have to paid for best on actual usage. When we peruse the brochure nowhere it is mentioned that the Op has to provide TV facilities in the hotel room. In the absence of specific instructions in the brochure it can not be said that there is some deficiency in service on the part of the Op.



The complainant submitted that Op has collected excess charges of Rs.4,028/- at the time of providing the documents. According to learned counsel for OP, the extra charges were made known by the airlines at the time of providing the documents and same were paid by the OP and the said amount was collected from not only from the complainants but also from other passengers also. The complainants also not provided any supporting evidence before this forum that the Op has collected the said amount illegally. In the absence of specific evidence by the complainants it can not be said that the Op has collected the excess amount illegally and it amounts to deficiency in service.


In view of the discussions made above, we are of the opinion that the complainants have proved the deficiency in service on the part of the Op. Accordingly, we pass the following order.


O R D E R


Complaint is allowed. Opposite party is directed to pay consolidated amount of Rs.5,000/- (Rupees Five Thousand only) as compensation to the complainants within six weeks from the date of this order.