COX AND KINGS LTD. REGD. OFFICE AT: TURNER MORRISON BUILDING, 16, BANK STREET FORT, MUMBAI Vs. SHIV RAJ SINGH PANWAR AND ANR. R/O SINGHANA HOUSE, PLOT NO

JUDGEMENT

(1.) The petitioner company came out with a scheme known as Cash Back Holiday Offer. In terms of the said scheme, a cash back holiday voucher was given by the petitioner company to the persons booking tour with them between 16.01.2007 to 21.01.2007. In order to receive the cash back holiday voucher, the customer was required to pay the full cost of the tour, within twenty days from the date of the booking and this was a mandatory condition of the offer. The holiday voucher was to be delivered to the customer on making full and final payment. It was also stipulated in the Scheme that the time limit for making payment shall be strictly enforced and if the balance payment was received after due date, it would result in the cancellation of the offer and the customer would be automatically charged the regular Brochure Price and he will not be eligible for the holiday cash back offer.

(2.) The complainant booked a tour with the petitioner company through its agent M/s. Comfort Travels & Tour on 25.01.2007. He did not make the entire payment within twenty days of the booking. The petitioner company sent a letter dated 28.02.2007 to him drawing his attention to the default in his part and granting time till 02.03.2007 to make the balance payment. It was also made clear in the said letter that in case of default in payment of the balance payment by the stipulated date, he will not be entitled to the cash back offer. He was also given an option to cancel the tour subject to payment of nominal cancellation charges.

(3.) The case of the complainant is that he contacted the agent M/s. Comfort Travels & Tour for accepting the balance payment, but the said agent declined to accept the same. Two letters, one dated 02.03.2007 and the other dated 07.03.2007 were allegedly sent by the complainant to the agent, one addressed to the Udaipur office and the other addressed to its Jaipur office. The complainant went on the tour booked by him but since the Holiday Voucher was not given to him, he approached the concerned District Forum by way of a complaint.