Tamil Nadu

South Chennai

CC/38/2018

Mr.R.S.Raghacan.S/o.late A.S.Ramamurthy - Complainant(s)

Versus

The Manager M/s.Cox and Kings - Opp.Party(s)

M/s.M.L.Manickam

06 Mar 2020

ORDER

Date of filing  : 24.01.2018                                                                                                                                  Date of Order : 06.03.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.38/2018

DATED THIS FRIDAY THE 06^TH DAY OF MARCH 2020

                                 

Mr. R.S. Raghavan,

S/o. Late. A.S. Ramamurthy,

No.5/24 A, Voltas Colony Extension,

Nanganallur,

Chennai – 600 061.                                                        .. Complainant.                                                     

..Versus..

 

The Manager,

M/s. Cox and Kings,

No.102, Chamiers Road,

Adyar,

Chennai – 600 018.                                                    ..  Opposite party.

 

Counsel for the complainant  :  M/s. Janakiraman & another

Opposite party                        :  Ex-parte

 

ORDER

THIRU. R. BASKARKUMARAVEL, MEMBER

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.50,000/- being advance paid towards group tour and to pay a sum of Rs.2,00,000/- towards compensation for mental agony and harassment with cost of Rs.15,000/- to the complainant.

 

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he had enquired about the tour detail with the opposite party in the month of February 2017 and same was reverted by Mumbai Office of the opposite party on a group tour expected to leave Chennai on 29.04.2017 to Singapore.  The complainant submits he visited the opposite party’s office at Chennai, Adyar and he talked with the Senior Executives satisfied with tour package and finalized the tour with them by paying Rs.50,000/- as advance to take part in the tour to the opposite party by way of cheque drawn on City Union  Bank, Nanganallur Branch vide cheque No.001183 dated:13.02.2017.  The complainant submits that during his interaction with the said Mumbai Office, he was promised that the said tour will be a Group tour and not a tour.  The complainant was reluctant to take customized tour and insisted the opposite party to organize only group tour as committed by them earlier.  Thereafter, the opposite party is unable to arrange group tour, they have convinced the complainant to take a customized tour against the wishes of the complainant.  The complainant submits that he visited the opposite party’s office on 12.02.2017 to sort out the issue but the opposite party was adamant on the subject matter and well determined to organize a customized tour only.   The complainant asked the opposite party to refund the advance amount by deducting reasonable amount towards cancellation of the said tour but the opposite party was reluctant to do the same.  

2.     The complainant submits that he enquired about the refund cost incurred in cancellation of flight ticket booked in Jet Airways and the said opposite party failed to provide the exact cancellation charges and the complainant had to escalate the same to the concerned AIR LINES – JET AIRWAYS and came to know that the figures mentioned by the opposite party are totally different from the amount mentioned by the above said AIR LINES - JET AIRWAYS and on enquiry with the opposite party they were given evasive answer and failed to provide satisfactory reply. The complainant submits that he issued legal notice to the opposite party dated:16.05.2017 but no reply from the opposite party.  The act of the opposite party caused great mental agony and inconvenience to the complainant.   Hence, the complaint is filed.

3.     The opposite party after due service of notice entered appearance through M/s. F. John Joseph, Advocate who filed Vakalath for the opposite party but subsequently failed to file written version within the stipulated time and hence, the opposite party was set ex-parte. 

4.     Though the opposite party was remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A3 are marked.  

6.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.50,000/- paid as advance towards group tour as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- as compensation for mental agony and deficiency in service with cost of Rs.15,000/- as prayed for?

7.      On point:-

The opposite party after due service of notice entered appearance through M/s. F. John Joseph, Advocate who filed Vakalath for the opposite party but subsequently failed to file written version within the stipulated time and hence, the opposite party was set ex-parte.   The complainant has filed his proof affidavit and written argument.   Perused the records namely; the complaint, proof affidavit and documents.   The complainant pleaded and contended that he had enquired about tour detail with the opposite party in the month of February 2017 and the opposite party referred the complainant to contact Mumbai Office regarding the group tour expected to leave Chennai on 29.01.2017 to Singapore as per Ex.A1.  Further the contention of the complainant is that the Mumbai Office advised the complainant to contact Chennai Office, he also met the Senior Executives at Chennai Office, Adyar and satisfied with the tour package and finalized the tour with them by paying Rs.50,000/- as advance to take part in the tour to the opposite party by way of cheque drawn on City Union  Bank, Nanganallur Branch vide cheque No.001183 dated:13.02.2017 as per Ex.A2 receipt issued by the opposite party.   Further the contention of the complainant is that while he consulted about the tour programme with both Mumbai and Chennai Office they promised that the tour is a group tour only.  Thereafter, the opposite party is unable to arrange group tour, they have convinced the complainant to take a customized tour but no records.   The complainant was reluctant to take customized tour and insisted the opposite party to organize group tour only as committed by the opposite party earlier.  

8.     Further the contention of the complainant is that he visited the opposite party’s office on 12.02.2017 to sort out the issue but everything was failed and the opposite party was very stubborn in organizing customized tour amounts to deficiency in service.   The complainant asked the opposite party to refund the advance amount by deducting reasonable amount towards cancellation of the said tour but the opposite party was reluctant to do the same amounts to deficiency in service and unfair trade practice.   Further the contention of the complainant is that he enquired Jet Airways about the cancellation charges of flight ticket booked and compared with cancellation charges of opposite party it was totally different then, the complainant enquired with the opposite party.   The opposite party gave an evasive reply amounts to deficiency in service and unfair trade practice.    Further the complainant issued legal notice to the opposite party dated:16.05.2017 as per Ex.A3 but no reply from the opposite party.  Hence, the complainant is constrained to file this case.   Though the opposite party set ex-parte on a careful perusal of Ex.A1, ITINERARY Under Payment Terms and Important Notes, Important points of tour mentioned as follows:-

“There is no refund for any non-utilization of any services”.

  Therefore, the complainant entered into contract with the opposite party for Group tour Programme is binding contract.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of March 2020. 

 

MEMBER                                                                                                                                                                                               PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of Group Tour Itinerary
Ex.A2	13.02.2017	Copy of payment receipt
Ex.A3	16.05.2017	Copy of legal notice along with acknowledgement

 

 

MEMBER                                                                                                                                                                                                PRESIDENT