LAWS(NCD)-2007-2-1

GOLDEN HOLIDAYS TOUR Vs. PHILOMENA ALMEIDA

Decided On February 26, 2007
GOLDEN HOLIDAYS TOUR Appellant
V/S
PHILOMENA ALMEIDA Respondents

JUDGEMENT

(1.) -PETITIONERS were the opposite parties in the complaint filed by the respondent which was allowed by the District Forum by the order dated 25. 11. 2004 in following terms :

(2.) APPEAL by the petitioners against District Forum's order was dismissed by the State Commission vide order dated 20. 10. 2006.

(3.) IT is not in dispute that each of the respondents paid Rs. 34,000 i. e. , Rs. 22,000 plus US $ 299 towards fare charges, US $ 15 towards the medical insurance and US $ 10 for an operation Cairo Tour. It is also not in dispute that the respondents could not travel by air from Tel Aviv to Cairo as tickets for this sector were not confirmed and respondents had to travel from Tel Aviv to Cairo by road which allegedly took time of over 15 hours whereas journey by plane for this sector was only of one hour. Order of the District Forum would show that though US $ 15 was recovered from each of the respondents for purpose of insurance but no medi-claim insurance policy was taken by the petitioners and respondents did not get opportunity of site seeing at Cairo because of time taken in journey by road. Award made by the District Forum for refund of US $ 15 was on account of non-taking of medi-claim insurance policy by the petitioner while for US $ 10 for not getting opportunity of site seeing by the respondents of Cairo. Since evidence of air fare between Tel Aviv to Cairo was not available on record the award was made for payment of Rs. 15,000 being compensation in lieu of refund of air tickets for the journey between Tel Aviv and Cairo. Having heard Mr. S. K. Sharma for petitioners on given facts we do not find any illegality or jurisdictional error warranting interference in revisional jurisdiction under Section 21 (b) of Consumer Protection Act, 1986 in the order passed by District Forum as affirmed by the State Commission. Revision petition is, therefore, dismissed. Revision Petition dismissed.