State Consumer Disputes Redressal Commission
M/S Kesari Tours Pvt Ltd vs Shri Harishchandra Babulal Daspute on 10 August, 2010
Daily Order
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/09/256
(Arisen out of order dated 31/01/2009 in Case No. 53/2008 of District Nashik)
1. M/S KESARI TOURS PVT LTD & ORS
314 KING'S CORNER L J ROAD SITLADEVI MAHIM MUMBAI 400016
Maharastra
....Appellant
Versus
1. SHRI HARISHCHANDRA BABULAL DASPUTE & ORS
PUNCHGANGA NR GODAWARI HOSPITAL CANADA CORNER NASHIK 422002
Maharastra
....Respondent
BEFORE :
Hon'ble Mr. S.R. Khanzode
, PRESIDING MEMBER
Hon'ble Mr. Dhanraj Khamatkar , Member PRESENT:
Adv.Mr.H.Bhave for appellant Adv.Mr.M.G.Gite for respondent *JUDGEMENT/ORDER This appeal takes an exception to an order passed by District Consumer Disputes Redressal Forum, Nashik in consumer complaint no.53/2008 dated 31/01/2009. The facts of the case in brief can be summarized as under:
That the respondents have booked for Best of Europe (E-6) tour organized by appellant no.1 with appellant no.2 and deposited an amount of Rs.1,40,000/-. As per instructions given by appellant no.2, respondent have given relevant papers for applying for visa of countries to be visited during the tour. It is contended by complainants/respondents that they have believed in the appellant that they will arrange visa. However on 14/09/2007 appellant have informed to the respondents that they have not received visa for complainants by the Embassy of United Kingdom. Accordingly the appellants have informed to the respondents that from the amount of Rs.1,40,000/- deposited by the respondents they will deduct an amount of Rs.71,104/- and refund the remaining amount and accordingly they have sent a cheque also. Since the tour was cancelled because of negligence of the appellant as they have taken responsibility of getting visa, respondents/org.complainants alleged that it is a deficiency on the part of the appellants. Hence the respondents have filed a consumer complaint praying to refund the amount of Rs.60,192/- which has been deducted by the appellant with interest from 03/09/2007 with compensation and costs.
Ld.District Forum after hearing both the parties ordered to the appellant to pay Rs.60,192/- with interest @12% p.a. from 03/09/2007 and Rs.5,000/- for mental agony and Rs.3,000/- as a cost within 30 days of the order. It is against this order of the District Consumer Disputes Redressal Forum, Nashik, the present appeal is filed.
Admittedly, the respondents have booked for Best of Europe tour with the appellants and paid an amount of Rs.1,40,000/-. Accordingly, the respondents have supplied all the papers required for getting visa. However, the United Kingdom Embassy refused the visa and hence, the appellants have informed the same to the respondents and returned a cheque of Rs,79,808/- deducting Rs. 71,104/-. It is the contention of the respondent that getting the visa was the responsibility of the appellants. However, they have not discharged their responsibility and which amounts to the negligence. Further it is the contention of the respondents that they have unauthorizedly deducted an amount of Rs.60,192/- as they have not cancelled their tour and it is cancelled because of not getting visa and it was the responsibility of the appellants.
On behalf of the appellant Ld.Counsel has drawn our attention to the terms and conditions of the tour which is at page 55 to 57 of appeal compilation. We have perused the terms and conditions. As regards refund there is a following provision:
" Refund: Refunds if any, for amendments and/or cancellations will be paid directly to the passengers by the company strictly by "A/C payee" cheque, in Indian Rupees at the traveling rate of exchange within 45 days; as per Reserve Bank of India Rules and Regulations, irrespective of whether the tour payments were in part or whole in foreign currency. No refund will be payable ,for any unused portion of the tour, due to whatsoever reason."
As regards visa it is stated by the appellants granting or rejecting of visa is the sole prerogative of the concerned consulate authority even after submitting required documents. At page 35 of the compilation papers appellants have furnished the details of amount deducted i.e. Air Ticket cancellation INR of Rs.10,000/- p.p., Eurostar cancellation INR Rs.4,640/- p.p., Visa cancellation INR Rs.10,912/- p.p. and tour cancellation INR Rs.10,000/- p.p. (p.p.- amount shown is per person). However, the appellants have deducted only Rs.60,190/-.
The tour of respondents is cancelled because of not receiving visa by the United Kingdom Consulate. Granting visa is a prerogative of the concerned country and nobody can challenge it. As the appellants could not get visa, the Europe tour of the respondents was not possible. Without the visa one cannot enter in the country which has refused visa. Appellants have refunded amount as per their terms and conditions. Not only this they have communicated the details of the amount deducted. As the appellant could not get visa, respondents could not go on Europe tour and this deficiency cannot be attributed to the appellants. Forum below has not considered the facts and circumstances of the case and hence order passed by the District Consumer Disputes Redressal Forum cannot withstand in the legal scrutiny and we hold accordingly and pass the following order:-
:-ORDER-:
1. Appeal is allowed.
2. Order passed by the District Consumer Disputes Redressal Forum, Nashik is hereby set aside.
3. In the given circumstances there is no order as to costs.
4. Copies of order herein be furnished to the parties.
(D.N.Khamatkar) (S.R.Khanzode)
Member Presiding Judicial Member
Nbh
Pronounced
Dated the 10 August 2010
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
[Hon'ble Mr. Dhanraj Khamatkar]
Member