LAWS(NCD)-2005-10-78

GOBINDER SINGH BRIG Vs. SHERGILL TRAVELS PRIVATE LIMITED

Decided On October 03, 2005
Gobinder Singh Brig Appellant
V/S
Shergill Travels Private Limited Respondents

JUDGEMENT

(1.) THIS appeal has been directed by the complainants against order dated 5.4.2005 passed by the District Consumer Disputes Redressal Forum -II, U.T. Chandigarh, whereby their complaint was dismissed, being meritless. However, the parties were left to bear their own costs.

(2.) BRIEFLY stated the facts are that respondents are travel agents and provide service to the customers who intend to visit abroad. They arrange tickets, return tickets and confirmation thereof, etc. in relation and in connection with air travel to foreign countries for consideration.

(3.) IT was further averred that they approached the respondents for purchase of air tickets and they purchased air tickets after assurance was given by the respondents that their return journey would be confirmed for 2nd July, 2004. However, when the tickets were handed over to them on 7th May, 2005, they came to know that in fact they were to return on 7th June, 2004 instead of 2nd July, 2004 as earlier promised by the respondents and for this reason their departure was delayed for about six hours as they insisted for issuance of tickets for 2.7.2004. On their persistent demand, the respondents promised and assured that the return date would be suitably amended and on this assurance, issued five sets of stickers with IATA marking, saying that these could be attached to the ticket leaves once the tickets were confirmed for 2.7.2004 as originally promised. It was further averred that their planned visit to Sydney up to July, 2004 is fully established from the visa applications which they routed through respondents and from the overseas medi -claim policies which they had got for about two months. It was next averred that on reaching Australia, they contacted the QANTAS office of airways through Brig. Gobinder Singh and came to know that there was no confirmation for their return journey on 2.7.2004, rather their return journey was confirmed for 7.6.2004. Accordingly, they took up the matter with QANTAS Airways and also tried to contact Ms. Param Shergill of M/s. Shergill Travels Pvt. Ltd. but on hearing the voice of Brig. Gobinder Singh, she always disconnected the telephone. Even fax messages were sent to the respondents on 22.5.2004 and 30.6.2004, besides e -mail messages and lastly Ms. Param Shergill on 3.6.2004 informed that all 5 passengers were confirmed for 2nd July from Hong Kong to Delhi. However, later on it was found there was original confirmation for 2nd July from Hong Kong to Delhi which was cancelled two days before their departure from Delhi i.e. on 7.5.2004 and the respondents kept them in dark and made total misrepresentation and concealment of facts and committed deficiency in service.