ASOKE MUKHERJI Vs. KUONI TRAVEL INDIA LTD

JUDGEMENT

(1.) This is an original case. The complainant is a Senior Advocate of Orissa High Court and complainant No.2 is the wife of complainant No.1. They wanted to visit the country of Kenya on an excursion package tour conducted by the O. Ps.2 and 3 was the local agent of the O. Ps.1 and 2. The complainant pursuant to the advertisement and the terms and conditions deposited a sum of Rs.20,000/- as advance for the journey. After depositing money on 26.4.2001 the complainants were waiting for further instruction in the matter for journey but they were asked by the O. Ps. that they had to produce a certificate of vaccination against yellow fever and this was a pre-requisite for visiting that country. It is their case that such vaccination against the yellow fever was not available anywhere in Orissa but the same was only available in Mumbai.

(2.) O. P. No.3 informed the complainant that this normally is arranged by obtaining certificate of vaccination and this should be arranged by them. The complainant was not prepared to obtain such certificate. Therefore, he offered to cancel the visit to kenya and alternatively they suggested to visit Australia and New Zealand. This the O. Ps. refused stating that the time schedule fixed for Kenya could not be changed to another date nor it could be changed to visit the countries of Australia and New Zealand. Thereafter the complainant cancelled the programme and wanted the refund of Rs.20,000/- which the O. Ps. did not oblige and hence the case.

(3.) In the written version the O. P. admitted the booking and payment of advance of Rs.20,000/-. Their stand is, the complainant was fully aware and was briefed about the tour. It is further their case that this amount was not an advance towards the charges for the journey but was a non-refundable interest-free deposit for which the complainant was not entitled to any refund.