- Sajal Kumar Ray,
‘PUBALEE Apartment, Flat No.3/4,
81, Purba Sinthee Road,
P.S. DumDum, Kolkata-30. _________ Complainant
____Versus____
- Authorized Officer,
Cox & Kings Ltd.
Turner Morrison Building,
16, Bank Street,
Fort, Mumbai-400001.
- Manager / Authorized Officer / Representative
Cox & Kings Ltd.
Little Russel Street, Kankaria Estate, Gr. Floor,
P.S. Shakespeare Sarani, Kolkata-71. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Smt. Samiksha Bhattacharya, Member
Order No. 19 Dated 15-12-2015.
The case of the complainant in short is that an agreement was reached upon with o.ps. for taking his family of three members to tour the country of Egypt consisting of several places, towns and arrangement for 7 nights and 8 days starting from 8.1.13.
The programme would commence from Mumbai and end thereat with all arrangements with all arrangements including passage fair, food and lodging with luxury and comfort, being borne by o.ps.
It was also apprised to o.p. about the pre-schedule programme of touring some places of Gujarat before joining them at Mumbai at own cost.
A request was made verbally to handover all the air tickets to and fro Mumbai and Egypt before set out from Kolkata on 4.1.13 to enable to get confirmed air tickets for Mumbai and places of Gujarat.
As per their requirement the full tour price for three persons was paid to their Kolkata office at 6, Russel Street vide cash for Rs.10,000/- on 8.12.12 and cheque no.605210 for Rs.128707/- dt.11.12.12 and cheque no.605211 for Rs.111397/- dt.10.12.12.
O.p. despite having urgent for several times, failed miserably to provide the air tickets and inform the correct flight schedules in time. Resultantly, due to mismatch / coincidence of timing, complainant had to cancel both the journey air tickets from Kolkata to Mumbai for 5.1.13 and from Mumbai to Kolkata for 15.1.13 and rescheduled incurring a loss of an amount equivalent to Rs.12,000/-.
The flight from Cairo to Mumbai was arranged at 11-00 p.m. of 15.1.13 without giving any prior intimation. After getting the programme on 8.1.13 through their agent, repeated requests was made to their Cairo counterpart to take up the issue of stay and food for 15.1.13 with their Kolkata office, the same was blatantly turned down by o.p. putting in stark danger involving life risk. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.
Decision with reasons:
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
In their w/v o.ps. stated that complainant has read, understood and duly signed the booking Form, Pearls of Wisdom, Important Note on Visa, How to Book Rules and Terms and Conditions. The said terms and conditions of booking constitute a binding contract between the complainant and o.p. and which clearly defines the mutual rights, duties and liabilities of the parties. The present complaint has been preferred with the sole intention of making unlawful gain out of the same, thereby, misleading this Ld. Forum and this instant complaint is liable to be dismissed with exemplary cost. Complainant by signing the Client Declaration appearing on the booking form accepted the terms and conditions of the booking for himself and on behalf of his wife and his daughter, travelling with the complainant without raising any objection in any manner whatsoever.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that an agreement was reached upon with o.ps. for taking his family of three members to tour the country of Egypt consisting of several places, towns and arrangement for 7 nights and 8 days starting from 8.1.13. The programme would commence from Mumbai and end thereat with all arrangements with all arrangements including passage fair, food and lodging with luxury and comfort, being borne by o.ps. As per their requirement the full tour price for three persons was paid to their Kolkata office at 6, Russel Street vide cash for Rs.10,000/- on 8.12.12 and cheque no.605210 for Rs.128707/- dt.11.12.12 and cheque no.605211 for Rs.111397/- dt.10.12.12. O.p. despite having urgent for several times, failed miserably to provide the air tickets and inform the correct flight schedules in time. Resultantly, due to mismatch / coincidence of timing, complainant had to cancel both the journey air tickets from Kolkata to Mumbai for 5.1.13 and from Mumbai to Kolkata for 15.1.13 and rescheduled incurring a loss of an amount equivalent to Rs.12,000/-. After getting the programme on 8.1.13 through their agent, repeated requests was made to their Cairo counterpart to take up the issue of stay and food for 15.1.13 with their Kolkata office, the same was blatantly turned down by o.p. putting in stark danger involving life risk.
O.ps. provided Rs.4800/- and it goes to show that o.ps. had deficiency in service. It further appears from the record that o.ps. did not file questionnaire and as such, the evidence filed by complainant remains unchallenged testimony. O.ps. did not disclose to complainant that he will have to spend all the expenses for 16 hours.
In view of the findings above and on perusal of the record we find that o.ps. had sufficient deficiency in service being service providers to the consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum Rs.12,000/- (Rupees twelve thousand) only towards cancellation charges of air tickets incurred by complainant and to pay a sum of Rs.9900/- (Rupee nine thousand nine hundred) only equivalent to US $ 150 approximately for boarding / accommodation charge for 3% in a hotel at Cairo for one day i.e. for 15.1.13 and are further directed to pay compensation of Rs.1,75,000/- (Rupees one lakh seventy five thousand) only for total harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
