DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the day of May 2023
Filed on: 03/06/2020
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C C No. 128/2020
COMPLAINANT
Francis Sebastian, S/o.Xavier, Panketh House, House No.VII/315, Karthedom, Malipuram P.O., Ernakulam-682 511
(By Adv.Kashmeera Ashraf, Adv.;Varghese K.Paul, Door No.58/1452,
2nd Floor, Infant Jesus Church Building, Near High Court of Kerala, Kochi-31)
Vs.
OPPOSITE PARTY
Fortune Destination, Management (India) Pvt. Ltd., 1s Floor, Mannamthara Tower, Paramara Road, Ernakulam North, P9in-682 018
F I N A L O R D E R
V.Ramachandran, Member
1) A brief statement of facts of this complaint is as stated below:
The complainant is a senior citizen and decided to participate in a tour programme of Fortune, named Grand Europe 2020 and booked the air ticket, and visa on 11.11.2019 on payment of Rs.1,99,800/-. The complainant further states that the opposite party company had spent Rs.9408/- for Europe Visa and 6250/- for Schengen Visa and thereby spent a total Rs.32,318 for 2 persons. The opposite party company demanded that they have spent Rs.42,208/- which is accepted by the complainant. But the opposite party is not ready to refund the balance amount of Rs.1,57,592/- and informed the complainant that the amount can be used within the next 5 year either for the complainant or for the family or friends of the complainant for participating in the tour. The complainant states that the opposite party had issued a Credit Shell Certificate for the balance amount of Rs.1,57,592/-. The complainant is a senior citizen and had undergone bypass surgery for the heart and the date of their visa is expiring (on 18/07/2020, 17/10/2020) hence travel within 5 years as promised by the opposite party is not feasible and hence seeking to issue orders to the opposite party to refund an amount of Rs.1,57,592/- after deducting the amount of Rs.42,208/- incurred by the opposite party from the total amount of Rs.1,99,800/- paid by the complainant.
2) Notice
Notice was sent to the opposite party and the opposite party appeared and filed their version.
3) Version of the opposite party
In their version the opposite party stated that the tour package was cancelled due to the rapid pandemic Covid -19 and the opposite party had issued a Credit shell certificate to the complainant for the balance amount. The opposite parties have accepted that the complainant had paid an amount of Rs.1,99,800/- for the Grand Europe tour which was cancelled due the Covid -19. The tour company had spent Rs.42,208/- towards visa fee and its processing charge. The opposite party stated that after deducting Rs.42,208/- as visa fee and its processing charge from Rs.1,99,800/- the company had issued Credit Shell Certificate for the balance amount of Rs.1,57,592/- and it is valid for 5 years. The opposite party assured the complainant that the certificate can be used for travel in any tour package conducted by the opposite party within 5 years from 15.05.2020.
The opposite party further averred that the complainant has not understood the ingredients in the Credit Shell Certificate dated 15.05.2020 and hence filed this complaint on an experimental basis.
4) Evidence
The complainant filed Exbts.A1 and A2 and no evidence from the side of the opposite party.
5) The following are the main points to be analysed in this case:
(i) Whether there is any deficiency in service or unfair trade practice from the side of the opposite parties to the complainant?
ii) If so, whether the complainant is entitled to get any relief from the side of the opposite parties?
(iii) Costs of the proceedings if any?
5) Point No. (i) to (iii)
The Commission had made a thorough analysis on the subject matter of the complaint and the documents produced by the complainant. The complainant is a senior citizen who had paid an amount of Rs.1,99,800/- to the opposite party for the Grand Europe tour which is accepted by the opposite party. Due to Covid pandemic 19 the opposite party cancelled the tour programme and after deducting visa fee and its processing charge, the opposite party issued Credit Shell Certificate instead of refunding the balance amount to the complainant as is evident from Exbt.A2. The opposite party assured the complainant that the certificate can be used for travel in any tour package conducted by the opposite party within 5 years from 15.05.2020. It is to be noted that 5 years is a very long duration for a senior citizen and it is not fair to issue a Credit Shell Certificate instead of refunding the amount paid by the complainant to the opposite party. The complainant is eligible to get the money back from the opposite party and the opposite party is duty bound to refund the amount paid by the complainant and instead of that the opposite party had given Credit Shell Certificate which has put the complainant into utter dilemma as to whether and when and how it can be used by the complainant in such a stage of his age and hence point No. (i) to (iii) are found in favour of the complainant and therefore the Commission pass the following orders.
- The opposite party shall refund an amount of Rs.1,57,592/- to the complainant within 7 days from the date of receipt of a copy of this order failing which the amount will attract interest @9.5% from the date of order till the date of realization.
- The opposite party shall pay an amount of Rs.10,000/- to the complainant as compensation for the mental agony and hardships suffered by the complainant.
3) The opposite party shall pay an amount of Rs.5000/- as cost of the proceedings to the complainant.
Pronounced in the Open Commission this 27th day May 2023.
Sd/-
V.Ramachandran Member
Sd/-
D.B.Binu President
Sd/-
Sreevidhia T.N., Member
Forwarded by Order
Assistant Registrar
Assistant Registrar APPENDIX
Complainant’s Evidence
Exhibit A-1: brochure of the tour programme
Exhibit A-2: Credit Shell Certificate issued by the opposite party
Opposite party’s Evidence : Nil
C.C. No.128/2020
Order dated 27.05.2023
