KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.585/13

JUDGMENT DATED:30.10.2013

 (Against the order in CC.138/11 on the file of CDRF, Ernakulam, dtd: 26.09.2012)

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                       :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

1.         Royal Omania Tours and Travels Pvt. Ltd.,

R/by the Manager, Palal Towers,

Ravipuram, M.G.Road, Kochi.

                                                                                                : APPELLANTS

2.         Royal Omania Tours and Travels Pvt. Ltd.,

R/by its Managing Director, Flat No.3 D,

F8 and Block No.188, Poonnamalle High Road,

Kilpauk, Chennai-600 010.

(By Adv: Sri.K.J.Kuriachan)

            Vs.

1.            Purushothaman K Kittan,

Kalluparambil House, Kamblakad.P.O,

Kalpatta, Wayanadu.

                                                                                                : RESPONDENTS

2.            Sarasa A.P, W/o Purushothaman,

Kalluparambil House, Kambalakkadu.P.O,

Kalpatta, Wayanadu.

JUDGMENT 

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

This is an appeal filed by the opposite parties in CC.138/11 on the file of CDRF, Ernakulam challenging the order of the Forum dated, September 26, 2012 directing the opposite parties to refund Rs.32,000/- to the complainants and to pay a cost of Rs.5000/-.

2.          The case of the complainant as testified by first complainant as PW1 before the Forum and as detailed in the complaint in brief is this:-

Complainants are husband and wife.  They booked a tour programme by name “Best of our Europe Tour” with the opposite parties for the period from April 23, 2010 to May 06, 2010.  The total amount was Rs.1,65,000/- per person out of which complainants paid Rs.1.lakh as advance on March 08, 2010.  On April 23, 2010 opposite parties informed the complainants that they cannot be accommodated in the trip and that they could travel on May 08, 2010.  Again complainants were informed that they could not taken in that trip.  Therefore complainants demanded the return of the advance amount.  Complainants returned only Rs.68,000/- and retained Rs.32,000/- illegally.  Complainant have also spent Rs.15,000/- for the travel from Wayanadu to Ernakulam.  Therefore complainants claimed refund of the balance Rs.32,000/- and that Rs.10,000/- towards traveling expenses and Rs.25,000/- towards compensation. 

3.          The appellants/opposite parties are M/s Royal Omaniya Tours and Travels Pvt. Ltd, Kochi and its head office at Chennai.  The opposite parties in their version contended thus before the Forum.  It is true that opposite parties received as advance Rs.1 lakh from the complainants on March 08, 2010 for the trip.  But the French Consulate, Pondicherrry rejected visa to the complainants.  The visa fees and insurance amount are not refunded even if the trip is cancelled.  Rs.32,000/- retained by the opposite parties is the actual visa fees.  Therefore complaint has to be dismissed.

4.          The first complainant was examined as PW1 and Exts.A1 to A6 were marked on the complainants’ side.  On the side of the opposite parties DW1 was examined and Exts.B1 to B5 were marked before the Forum.  On an appreciation of evidence the Forum found that there is clear deficiency of service on the part of he opposite parties and directed them to refund Rs.32,000/- retained by them and also pay a compensation and cost of Rs.5000/-.  Opposite parties have come up in appeal challenging the said order of the Forum.

5.          When this appeal came up for admission today the counsel for the appellants were heard.

6.          The receipt of Rs.1 lakh by the opposite parties as advance to the trip booked is admitted by the opposite parties.  It is also not disputed that they refunded only Rs.68,000/- retained in the Rs.32,000/-.  According to the opposite parties that amount is the expenses incurred by them for obtaining visa which is not refundable.  But no document is produced by the appellants/opposite parties to show that they have spent so much amount for applying for visa.  Further none of the documents produced by the opposite parties show that the amount received by them are not refundable.  The rejection of the visa application cannot be fastened on the complainants.  Therefore we are of the view that Forum is perfectly justified in directing the opposite parties to refund Rs.32,000/- retained by the opposite parties.

7.          The Forum has also ordered compensation and a cost of Rs.5000/- to the complainant, which appears reasonable.

In the result we find no ground to admit the appeal and the same is hereby dismissed.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V. JOSE          : MEMBER

VL.