DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.405/2011

Sh. Suhail Dutt

S/o Late Sh. V. P. Dutt

R/o 29, Nizamuddin East

New Delhi-110013                                                     ….Complainant

Versus

1.      Travel Spirit International Private Ltd.

          through its M.D. Mr. Jatinder S Taneja

          having its registered office at Taneja House,

          I-184, Second Floor, Lajpat Nagar-II,

          New Delhi-110024

2.      Neha Menon, Booking Agent/Manager

          (out bounds) I-184, Second Floor,

Lajpat Nagar-II,  

New Delhi-110024                                    …...Opposite Parties

              Date of Institution     : 31.10.2011

Date of Order    :  30.05.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

          Initially complaint was filed against the present OP No.1, OP No.2 and Jatinder S. Taneja as OP No.3 and Philippines Airlines as OP No.4. Later on, OP No.3 and OP No.4 were given up and OP No.3 has been shown as OP No.2.We shall make reference of OP No.1 & 2 though in the complaint OP No.2 has been mentioned as OP No.3.           Complainant’s case, in brief, is that on 24.09.11 he gave an advance of Rs.1,40,000/- for tour to Philippines for himself and other three family members for 03.10.11 to OP No.1 & 2.  The representative of the OPs collected the money and gave receipt dated 24.09.11 and in the receipt agreement OPs had categorically undertaken to refund the entire amount in the event the trip was cancelled. Based on the said clause in the agreement contained in the receipt cum agreement, the complainant paid Rs.1,40,000/- believing and being induced by their representation that they will abide by the terms and conditions contained in the agreement/receipt.  On 28.09.11 it was reported to him that there was huge cyclone in Philippines as a result of which the city of Manila was flooded and more than 35 people had lost their lives. Accordingly, he informed the OPs to cancel the trip as another cyclone was predicted during the weekend there.  It is submitted that the OPs were aware of the fact at the time of booking of the tickets that Philippines was facing a natural calamities for last several days but they intentionally did not disclose this fact to him and took advance of Rs.140000/- to book the tickets.  Complainant asked the OPs to cancel the trip and refund the advance amount of Rs.140000/- to him. The OPs informed through email to him that Philippines Airlines would be imposing cancellation charges of Rs.7000/- per ticket and also deducting Rs.10,000/- towards visa charges and shall be refunding the balance.  The complainant protested the same and directly spoken to Ms. Surender Kaur, Manager of Philippines Airlines who informed him that since the flights were being cancelled because of typhoon they are not charging any cancellation fee.  He informed the same to the OPs and requested to refund the entire amount to him.  It is submitted that he was continuously following with the OPs to return the advance of Rs.140000/- but the OPs failed to return the same.  The complainant sent a legal notice on 07.11.11 but no reply was received by the OPs. Hence, pleading deficiency in service and unfair trade practice on the part of the OPs the present complaint has been filed for the following reliefs:-

“a.     Direct the opposite parties 1-3 to immediately return/refund the amount of Rs.1,40,000/- as deposited by the Complainant with the opposite parties for booking of tickets with interest @ 18% per annum from the date of receipt till realization.

 b.     Direct the opposite parties 1-3 to pay the damages and compensation amounting to Rs.1,50,000/- alongwith interest @ 18% for deficiency in service and unfair trade practice and the illegal acts committed by the OPs and for harassment, mental agony and pain to the complainant.

c.       Award the litigation cost of Rs.100000/- (Rs. one lakh) and exemplary costs in favour of the Complainant and against the opposite parties.”

          In the written statement OP No.1 has inter-alia stated that the complainant himself cancelled the trip and OP No.1 refunded the amount to the complainant but the complainant did not encash the refund cheque and filed this complaint.  Complainant has not disclosed this fact that the cheques for a total sum of Rs.1,26,200/- had already been issued in favour of complainant, Ms. Anita Dutt, Sh. Raghav Dutt, Sh. Kunal Dutt but the same were not encashed by them. It is stated that the opposite party No.1 and opposite party No.2 applied for and obtained Philippines Visa for the complainant and his family members. An amount of Rs.9280/- was the visa fee (non refundable fee paid to Embassy) and another meager sum of Rs.940/- was taken by the opposite party No.1 and  opposite party No.2 towards conveyance and photocopying charges. Copy of the visa fee receipt issued by the Republic of Philippines is annexed as Annexure-2. Since one person was fully dedicated by the opposite party no.1 for planning and booking trip of the complainant and thereafter on request of complainant worked for cancellation of tickets and refund, opposite party no.1 has charged Administrative Fee of Rs.500/- per ticket and Rs.400/- per ticket has been charged by Travel Boutique for and on behalf of Philippines Airlines. Copy of the receipt is attached as Annexure P-3. The opposite party No.1 and opposite party no.2 have hence deducted a sum of Rs.13800/- and have refunded the rest amount of Rs.1,26,200/-. It is prayed that the complaint be dismissed.

          As stated above OP No.2 & 4 have been dropped by the complainant and whereas OP No.3 has filed a separate W.S. (now OP No.2). We do not think it necessary to discuss the said written statement.

Complainant has filed a rejoinder to the written statement of OP No.1 and stated that “the complaint was filed before the SHO, H. Nizamuddin. The opposite parties deliberately and mischievously gave 4 cheques of Rs.31,550/- each even though the receipt is in the name of the complainant & the amount was paid by the complainant. In fact Master Raghav & Kunal Dutt do not have accounts.  The complainant therefore did not encash the said cheques and the same is even less than the amount liable by the opposite parties to be returned to the complainant. The complainant asked the opposite party no.1 to issue another cheque in favor of the complainant but they have with criminal & dishonest intent failed to do so.”

          Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Suresh Upreti, Manager (Accounts) has been filed in evidence on behalf of the OP No.1.

Written arguments have been filed on behalf of the complainant and OP No.1. 

We have heard arguments on behalf of the parties and have also gone through the file very carefully.

It is not in dispute that the complainant had booked the tickets through OP No.1 and due to natural calamities the complainant requested the OP No.1 for cancellation of the tickets. The OP No.1 refunded an amount of Rs.1,26,200/- to the complainant during the pendency of the complaint before this forum on 04.10.12 vide cheque No.053287 dated 25.09.12. The complainant has now prayed for award of compensation for physical harassment from the OP No.1. The OP No.1 on 05.05.17 was ready to refund an amount of Rs.4,500/- towards full and final payment but the complainant refused to accept the same. Four cheques in the names of the complainant and his family members were given to him in the police station but the same were not encashed. It was a valid tender of money to the complainant and his 3 family members. Cheque may be issued by one person towards the expenses to be incurred by his/her family members but when refund is claimed cheques in the equal proportion are generally issued in the name of every person. More surprising is the fact that the complainant has concealed this very material fact in the complaint. Moreover, payment has now been made to the complainant.  It was the complainant himself who had got the tickets cancelled due to natural calamities in Philippines. He was very justified in doing so. OP was ready to refund the booking amount after deducting cancellation charges of Rs.7000/- per ticket and Rs.10,000/- towards visa charges. Thereafter, as per the advice of Manager of Philippines Airlines the OP became agreed to pay Rs.1,26,200/- to the complainant. The amount, if any, deducted by Airlines and Rs.10000/- towards visa was the amount which had not gone into the pockets of OP.  Therefore, OP had bonafidely become ready to pay the amount to the complainant but it was the complainant who delayed the matter. Therefore, we do not find any merit in the complaint so far as award of compensation is concerned. However,  the complainant can still approach the OP for refund of Rs.4500/- towards full and final settlement.  Complaint is disposed off accordingly.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 30.05.17.