KESARI TOURS PVT. LTD Vs. SURENDRA A. PRADHAN

JUDGEMENT

(1.) Challenge in this Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986, by the Opposite Party in the Complaint, the Petitioner herein, is to the Order dtd. 5/3/2018, passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as the State Commission) in Appeal No.A/16/1126, whereby the State Commission has set aside the Order dtd. 10/8/2016, passed by the District Consumer Disputes Redressal Commission, Central Mumbai (hereinafter referred to as the District Commission), dismissing the Complaint, preferred by the Complainants/Respondents, and has partly allowed the Appeal, preferred by the Complainants/Respondents against the said dismissal Order.

(2.) The facts, giving rise to the filing of the Complaint, are that a Group of the Complainants/Respondents, mostly consisting of senior citizens with their spouses, had booked a three countries' tour for Egypt, Greece and Turkey with the Opposite Party/Petitioner in October, 2012, which was scheduled from 23/9/2013 to 5/10/2013. The tour cost was Rs.1,30,990.00 + Euro 1355, i.e. Rs.2,52,940.00 with Euro valued at @ Rs.90.00 plus taxes. After discount, the tour cost with taxes varied between Rs.2,29,000.00 to Rs.2,40,000.00 and the Complainants/Respondents had to pay the initial advance at the time of booking. Most of the Complainants/Respondents were repeat customers. About two months before the tour date, the Opposite Party/Petitioner asked the Complainants/Respondents to submit all the necessary papers, including Passport and Bank Passbook, for visa formalities. Schengen Visa was issued by the Greece Consulate on 22/8/2013, which was informed by the Opposite Party/Petitioner to the Complainants/Respondents by way of SMS on 25/8/2013. Egypt visa was issued on 28/8/2013 (Passport entry) but there was delay in sending SMS. Within 48 hours of receiving the SMS, the Complainants/ Respondents received phone calls from the Opposite Party/Petitioner that Egypt part of the tour was cancelled and rebate of Euro 155 would be given as compensation. It is alleged in the Complaint that it was a unilateral decision taken by the Opposite Party/Petitioner, without consulting the Complainants/ Respondents. As against the cancellation of 1/3rd part of the tour (i.e. 33% of the tour), the rebate offered was less than 6% of the total tour cost. Most of the Complainants/Respondents were not willing to join the tour of Greece and Turkey only at the said exorbitant final cost. They were told by the Opposite Party/Petitioner that in such situation cancellation charges of Rs.56,000.00 per person would be charged. On protest, the Opposite Party/Petitioner offered additional refund of Rs.10,000.00 and Rs.1,900.00 for unnecessary Egypt visa fee. While the said refund amount was insignificant, it was paid only to those Complainants/Respondents who had visited the office of the Opposite Party/ Petitioner at Mumbai but was not given to those Complainants/Respondents who had booked the tour from other cities. The Complainants/Respondents were compelled to join the Greece and Turkey tour but they could not enjoy the tour to the extent they would have normally enjoyed. After return on 5/10/2013, they submitted a joint letter to the Opposite Party/Petitioner and demanded refund of 1/3rd amount of total tour cost paid towards cancellation of 1/3rd tour. On protracted protest, the Opposite Party/Petitioner agreed to refund an amount of Rs.20,000.00 per person as a special consideration. Though the Complainants/ Respondents had not accepted the said offer, the Opposite Party/Petitioner on its own sent cheques on 10/10/2014, which had been accepted by them under protest. Vide their letter dtd. 18/11/2014, the Complainants/Respondents insisted for payment of refund in terms of their notice dtd. 28/7/2014, whereby they had sought refund of Rs.55,000.00 per person. However, there was no reply by the Opposite Party/Petitioner. In this factual matrix, inter alia, stating that in view of the tour cost for the fresh tour offered for the year 2014 vis-'-vis the tour in question, i.e. tour offered for the year 2013, the Complainants/Respondents had been overcharged by the Opposite Party/ Petitioner to the tune of Rs.68,017.00 per person plus taxes, the afore-noted Complaint was filed before the District Commission, praying for the reliefs stated therein.

(3.) Upon notice, the Opposite Party/Petitioner contested the Complaint and filed the Written Statement. It was stated therein that the Complainants/Respondents had booked the tour after being satisfied with the services of the Opposite Party/Petitioner. At the time of booking the tour, there was no problem in Egypt but later on there was political turmoil and it was not safe to travel in Egypt. Considering the safety of the tourists, Egypt tour was cancelled on 31/8/2013 and it was informed to all the Complainants/ Respondents. Proportionate cost i.e. Euro 155 and Rs.11,900.00 was refunded to them. Subsequently, as a special consideration, additional amount of Rs.20,000.00 was also refunded by the Opposite Party/Petitioner to the Complainants/ Respondents. It was further averred that all the Complainants/Respondents had joined Greece and Turkey tour willingly and they enjoyed the tour. The Egypt tour was cancelled due to political turmoil as it was not safe for the tourists. More than sufficient amount has been refunded to the Complainants/ Respondents, because of which the Opposite Party/Petitioner has suffered loss. There was no deficiency in service or negligence on the part of Opposite Party/Petitioner and therefore, the Complainants/Respondents are not entitled for the reliefs as prayed for in the Complaint and the Complaint was liable to be dismissed with cost.