COX AND KINGS LTD Vs. ROY VARGHESE

JUDGEMENT

(1.) These three revision petitions have been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 30.04.2012, passed by the Kerala State Consumer Disputes Redressal Commission (for short 'the State Commission') in FAs No. 510/2011, 511/2011 & 512/2011, vide which, while partly allowing the said appeals, the order dated 31.12.2010 in consumer complaints no. 482/2008, 483/2008 and 484/2008, passed by the District Consumer Disputes Redressal Forum, allowing the said complaints, was modified. This single order shall dispose of all three revision petitions and a copy of the same shall be placed on each file.

(2.) Brief facts are that the complainants/respondents No.1 in all three cases, filed the consumer complaints in question, alleging that they had booked foreign tour in the name and style, "European Discovery Tour" with the petitioner, but they had to suffer deficiency in service on the part of the petitioner for which they had claimed refund. In CC No. 484/2008 filed by Roy K. Varghese (corresponding to RP No. 3416/2012), it was alleged that on 21.1.2008, the complainant and his four friends went to the office of the petitioner where the complainant and his friend/partner, Mr. Shaji Kuruvila (complainant in CC No. 482/2008) booked a tour and they were asked to pay Rs. _12,53,990/- for the main tour and Rs. _2,39,976/- for the optional tour under the family package consisting of total 8 members. The complainant and his partner Shaji Kuruvila paid Rs. _3 lakh as advance for the tour on 28.01.2008, and then on 16.02.2008, they paid the balance amount of Rs. _9,53,990/- for the main tour and Rs. _2,39,976/- for the optional tour. The places to be covered in the main tour were Italy, Switzerland, France, etc. The optional tours selected by them were Glacier 3000, Disneyland, River Siena Cruise, Lido show and London Delight. The tour started on 12.05.2008 from Kochi International Airport. The first optional tour was Glacier 3000 and that went on alright. However, they had bad experience with the next optional tour, which was for Disneyland. The complainants had paid 90 Euros per person for this tour against the actual price of 33 Euros per person. The tour manager of the petitioner/OP dropped the group at the parking area of Disneyland at 11:30AM and asked them to return at 3:00PM. The group went to the Park without any guide or instructions. They were not provided with any food and the children were put to untold hardships and miserables. Further, the tour manager failed to take them to River Siena Cruise for which they had paid 11 Euros per person. They were taken hurriedly for Lido Show, where they were provided seats at the last row of the hall and hence, could not see the show properly, although, they had paid 149 Euros per person for the Lido Show. They then asked the tour manager to cancel the next optional tour. The tour manager, Mrs. Marina also did not play her role properly. On their return, when they sent notice to the OP, pointing out the deficiency in service, they offered to pay Rs. _15,187.50 as full and final settlement, but the complainant claimed refund of Rs. _32,313.60 with interest @12% p.a. plus compensation of Rs. _2 lakhs.

(3.) In complaint no. 482/2008, filed by Shaji Kuruvila (RP No. 3147/2012), similar facts have been stated and same relief has been asked for, as mentioned in the complaint filed by Roy K. Varghese.