DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 29th day of April, 2023
Filed on: 11/07/2018
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt.Sreevidhia.T.N Member
CC NO. 288/2018
Between
COMPLAINANT
P.P. Balakrihsnan, Flat No. F2, 1st Floor, “COZY HOME APARTMENTS’, Valya Parambu Road, Keerthi Nagar, Elamakkra P.O., Ernakulam 682026
VS
OPPOSITE PARTIES
1. Raghunaath, Mananging Director, NASHE TOURS & TRAVELS PVT. LTD., Temple Road, Sasthamangalam, Thiruvnanthapuram 695010
2. Lethy, Director, NASHE TOURS & TRAVELS PVT. LTD., Temple Road, Sasthamangalam, Thiruvnanthapuram 695010
FINAL ORDER
Sreevidhia T.N., Member:
1. A brief statement of facts of this complaint is as stated below:
The complainant had decided to go to a tour programme and for the Scandinavia tour he had deposited Rs.10,000/- as advance to the office of the opposite party at Ernakulam on 05/01/2018. The proposed date of the tour was on18th May, 2018. After completing all the formalities to get the Visa, the Schengen Visa is stamped on the complainant’s passport. The opposite party cancelled the tour programme at the very last minute ie. 5 days before the scheduled departure date. The complainant alleges that the opposite party had committed deficiency in service and hence the complainant had to suffer huge loss, mental agony and pain. The opposite party could have cancelled the tour and informed the matter before taking the Visa. The complainant had spent Rs.6,432/- on Visa charges and Rs.1,000/- as travel expenses. The complainant had requested to refund the advance along with the amount spent for Visa. The opposite party refused to pay the Visa charge. They were deliberately hiding the fact that they were not doing the tour. The complainant seeks compensation of Rs.50,000/- for the deficiency in service of the opposite party. The complainant demands Rs.59,452/- including Rs.50,000/- as compensation, Rs.6,452/- as visa charges, Rs.1,000/- as other expenses (including Photostat, stationery, travel etc.) Rs.2,000/- as litigation charges from the opposite party.
2. Notice.
Notices issued to the opposite parties from this Commission on 28/07/2018. Opposite parties No. 1 and 2 appeared and filed their written version.
3. Version of opposite party No. 1 and 2
It is admitted that the complainant had booked a Scandinavia group tour at the branch office of the opposite parties’ at Ernakulam which is departing on 18th May, 2018. But he was told that the non-refundable advance amount is Rs.20,000/-. He paid Rs.10,000/- as advance saying that he had only Rs.10,000/- now and had agreed to pay the balance amount later. When a person books a group tour, the travel company also books the air ticket, hotel for that person. Based on that the invitation letter for visa is received from the country that is intended to visit. A similar letter was made for the complainant and had given to him. He got the visa on the basis of booking the ticket and travel insurance by the opposite party. He paid only Rs.10,000/- and withhold the rest of Rs.10,000/-. That is why he was asked to pay the visa charge directly at the visa centre. He has to spent Rs.6,452/- as visa charges. The travel expenses to visa centre, photocopy charges of documents required for visa and expenses towards photo are to be borne by each individual. This is clearly written on our website and the receipt in his possession.
A group tour is a tour where 20 or more people travel and the expenses for the group tour are calculated according to the number of people who wish to travel. If the number of people in a group tour who wish to travel decreases, the opposite party will collect more money from the people who wish to travel or will inform about the postponement of the trip to another date. This is also mentioned in our terms and conditions on our website. The complainant was asked to accompany us on the revised date of Scandinavian tour. But the complainant said that it was not possible to accompany the tour and hence the opposite party refunded the booking amount Rs.10,000/- to the complainant. There was no deficiency in service or unfair trade practice towards the complainant. The complainant is not entitled to any amount as a balance claim amount from the opposite party. The complainant is also not entitled to any compensation or cost of proceedings. The amount spent towards advance for air tickets, travel insurance, visa invitation letter charges, and bank charges foreign money transfer etc. for the complainant is already refunded to him and hence the complainant is not entitled to get any additional amount from the opposite party.
4. Evidence
Evidence in this case consists of the documentary evidence filed by the complainant which are filed along with the complaint.
The complainant was absenting from the date of 1st posting of the case. The case was filed on 11/07/2018. After filing the case, the complainant has not appeared before the Commission. The Commission granted ample chances for the complainant to submit any additional evidence. But the complainant did not come and give further evidence. Hence the documents submitted along with complaint are considered and are marked as Ext. A1 to A5 and the evidence of the complainant closed and the case posted for opposite parties’ evidence.
Opposite parties are also absenting continuously. Opposite parties filed 5 documents along with the version which are marked as Ext. B1 to B5. Since both the parties are absenting continuously, the case taken for orders.
5. Points for consideration in this case are
1. Whether any deficiency in service or unfair trade practice is proved from the side of the opposite party towards the complainant?
2. If so, reliefs and costs?
For the sake of convenience we have considered issue No. (1) and (2) together.
The case of the complainant is that he had booked a Scandinavian tour at the branch office of the opposite parties at Ernakulam on 05/01/2018. The proposed date of departure of the tour was 18/05/2018. After completing all the formalities the Schengen visa is stamped on the complainant’s passport. Both the opposite party cancelled the tour programme at the very last minute ie. 5 days before the date of departure. The complainant states that he had to suffer huge mental pain and agony due to the cancellation of the tour by the opposite party. The complainant requested the opposite party to refund the advance amount along with the visa charges Rs.6,452/-. The opposite party did not refund the amount for the visa charges.
Exbt. A1 produced by the complainant is the copy of receipt issued by the opposite party for the advance amount Rs.10,000/- dated 05/01/2018. Exbt. A2 is the copy of the receipt issued by the VFS Global Kochi Office dated 25/04/2018. The complainant had paid Rs.6,452/- (Rs.4,800+Rs.652/-) towards the visa charges for his Schengen Visa. Exbt. A4 and A5 are the copies of legal notices issued to the opposite parties asking to refund Rs.7,542/- to the complainant.
Opposite party also produced 5 documents. From the available documents and evidence in this case, it is proved that opposite parties have committed deficiency in service towards the complainant. The opposite parties cancelled the tour programme without any valid reason. The opposite parties have not produced any evidence showing that the tour was cancelled due to circumstances beyond their control such as flight/train/cruise cancellation or delays or accidents of any nature, bad weather or natural calamities etc. The cancellation of the tour was not the fault of the complainant.
It is admitted by the complainant that the amount remitted as advance for the trip was received by him. The opposite party in their version states that if there is a drastic fall in the numbers, then the quantum of cost will be decided by the company and has to be borne by the passengers who wish to travel or company may suggest another date for travelling visa and related processing charges will not be refunded. But the opposite party have not produced any contra evidence to prove that there was a drastic fall in the number of passengers and hence the opposite party had cancelled the tour programme. The tour was cancelled by the opposite party at the very last minute without any reason. They have not produced any documents to prove the reason for cancellation of the programme. The tour was cancelled after getting the visa of the complainant. Hence the opposite party has committed deficiency in service to the complainant. Hence the opposite parties are liable to compensate the complainant for the mental agony, pain and other difficulties faced by the complainant due to the cancellation of the tour. The complainant states that he had to spent an amount of Rs.1,000/- as additional charges towards the expenses for Photostat charges, stationary, travel expenses etc. But the complainant has not produced any evidence before the Commission to prove this. Moreover as per the terms and conditions published in the Website of the opposite party, the translation charges for documents for visa purpose will have to be borne by the passengers.
In the result, the case is found in favour of the complainant and the complaint is allowed partly and the following orders are hereby passed.
1. The opposite parties shall refund the visa charges Rs.6452/- (Rupees six thousand four hundred fifty two only) to the complainant since the opposite party cancelled the tour programme and hence the complainant could not participated in the tour programme.
2. The opposite parties shall pay a compensation of Rs.3,000/- (Rupees three thousand only) to the complainant for the mental agony, pain and other hardships suffered by the complainant especially because of the deficient act of the opposite parties. The tour was cancelled at the last minutes by the opposite party for no apparent reason.
3. The liability of the opposite parties shall be jointly and severally.
The complainant has not appeared before the Commission after filing this consumer complaint. Hence no cost of proceedings is allowed in this case.
The above order shall be complied with within 30 days from the date of the receipt of a copy of this order. If the order is not complied within 30 days the amount ordered vide (1) shall attract interest at the rate of 6.55% per annum.
Pronounced in the Open Commission this the 29th day of April, 2023.
Sd/-
Sreevidhia.T.N, Member
Sd/-
D.B.Binu, President
Sd/- V.Ramachandran, Member Forwarded/by Order
Assistant Registrar
APPENDIX
Complainant’s evidence:
Exbt. A1: Copy of receipt issued by the opposite party
Exbt. A2: Copy of receipt for Visa charge
Exbt. A3: Copy of Passport
Exbt. A4: Copy of letter sent to the opposite party
Exbt. A5: Copy of AD Card
Opposite parties’ evidence
Nil.
Despatch date:
By hand: By post
kp/
CC No.288/2018
Order Date: 29/04/2023
