State Consumer Disputes Redressal Commission
Cox And Kings (India Ltd.), vs Biju Thottam, on 30 April, 2012
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/11/510 (Arisen out of Order Dated 31/12/2010 in Case No. CC/08/484 of District Ernakulam) 1. M/S COX AND KINGS TURNER MORRISSON BUILDING,16,BANK STREET,FORT,MUMBAI MUMBAI MAHARASHTRA ...........Appellant(s) Versus 1. ROY.K.VERGHEESE KARIKOTTIL HOUSE,MAKKADAMPU.P.O,KADATHY KARA,VELLORKUNNOM,MUVATTUPUZHA IDUKKI KERALA ...........Respondent(s) BEFORE: HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NOS.510/11, 511/11 & 512/11
JUDGMENT DATED : 30.04.2012
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT
APPEAL NO.510/11
1. Cox and Kings (India Ltd.),
Turner Morrison Building
16, Bank Street,
Fort Mumbai-400 001,
Maharashtra.
: APPELLANTS
2. N. Hariharan,
Manager, Cox and Kings ( India) Ltd.,
39/6822, First Floor, M.G.Road,
Ravipuram, Kochi.
(By Adv:Sri.A.Kumar)
Vs.
1. Roy K. Varghese,
S/o Varghese, Karikkottil House,
Mekkadampu P.O, Kadathy Kara,
Velloorkunnam, Muvattupuzha,
Ernakulam.
(By Adv:Sri.Narayan.R)
: RESPONDENTS
2. Mr.Sujith Sreekumar,
Sales Officer,
Cox and Kings ( India)Ltd.,
39/6822, First floor,
M.G.Road, Ravipuram, Kochi.
APPEAL NO.511/11
1. Cox and Kings (India Ltd.),
Turner Morrison Building
16, Bank Street,
Fort Mumbai-400 001,
Maharashtra.
: APPELLANTS
2. N. Hariharan,
Manager, Cox and Kings ( India) Ltd.,
39/6822, First Floor, M.G.Road,
Ravipuram, Kochi.
(By Adv:Sri.A.Kumar)
Vs.
1. Shaji Kuruvila,
S/o Kuruvila, Chundayil House,
Mekkadampu Kara, Valakom,
Muvattupuzha, Ernakulam.
(By Adv:Sri.Narayan.R)
: RESPONDENTS
2. Mr.Sujith Sreekumar,
Sales Officer,
Cox and Kings ( India)Ltd.,
39/6822, First floor,
M.G.Road, Ravipuram, Kochi.
APPEAL NO.512/11
1. Cox and Kings (India Ltd.),
Turner Morrison Building
16, Bank Street,
Fort Mumbai-400 001,
Maharashtra.
: APPELLANTS
2. N. Hariharan,
Manager, Cox and Kings ( India) Ltd.,
39/6822, First Floor, M.G.Road,
Ravipuram, Kochi.
(By Adv:Sri.A.Kumar)
Vs.
1. Biju Thottam,
Thottathil House,
Muvattupuzha Taluk, Ernakulam.
(By Adv:Sri.Narayan.R)
: RESPONDENTS
2. Mr.Sujith Sreekumar,
Sales Officer,
Cox and Kings ( India)Ltd.,
39/6822, First floor,
M.G.Road, Ravipuram, Kochi.
JUDGMENT
JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT Appeal.510/11 is filed over the order in CC.484/08 and Appeal.511/11 is filed over the order in CC.482/08 and Appeal.512/11 is filed over the order in CC.483/08 in the file of CDRF, Ernakulam.
2. The appellants are the opposite parties/tour operators. The opposite parties/appellants are under orders to pay a sum of 228 Euro in equivalent Indian currency towards refund of ticket charges of Disney land and also to refund 44 Euro with respect to cancellation of River Seina, Cruise and 250 Euro for cancellation of London delight tour and compensation of Rs.50,000/- ie at the rate of Rs.12,500/- per person in CC.484/08/A.510/11; and to refund 228 euro towards refund of ticket charges of Disney land and 44 Euro for cancellation of River Seina Cruise and 250 Euro for cancellation of London delight tour and to pay a compensation of Rs.50,000/- ie at the rate of Rs.12,500/- per person in CC.482/08/A.511/11 and to pay 114 Euro towards refund of ticket charges for Disney land and 22 Euro for cancellation or River Seina Cruise and 125 Euro for cancellation of London delight tour and to pay compensation of Rs.25,000/- in CC.483/08/A.512/11. The complainants in CC.482/08 and in CC.Ns.484/08 are 4 in number and in CC.483/08 the complainants are 2 in number.
3. The case of the complainant in all the matters is with respect to the "European Discovery Tour" published in high profile by the appellants. They had offered tour of 8 European countries in 14 days. The tour party including the complainants availed the facility and toured the countries from 12.5.08 to 26.5.08. The complainants in CC.482/08/A.510/11 and the complainants in CC.484/08/A.511/11 each jointly paid a sum of Rs.12,53,990/- for the main tour and Rs.2,39,976/- towards additional tours respectively, and the complainants in CC.483/08 I.A.512/11 paid Rs.2,58,902/- for the main tour and Rs.59,994/- for the additional tours. The selected optional tours consisted of Glacier 3000, Disney land, River Seina Cruise, Lido show and London delight. The allegation is that 90 Euro per person was collected for Disney land whereas the actual price of the ticket per person for Disney land was 33 Euro. It is also alleged that there was nobody to guide the complainants in Disney land wherein food was not provided and they had to face untold hardships. The River Senia Cruise could not take place as the party could not be taken there in time. The amount collected at 11 Euro per person is liable to be refunded. With respect to the lido show they were provided seat in the last row of the hall and could not see the show properly. A sum of Rs.149/- Euro per person was charged. As they were totally dissatisfied they requested to cancel the further optional tour. The service of the tour manager Ms.Marina was totally insufficient. The complaints raised were not responded. After reaching home on 30.5.08 they have issued a notice to opposite parties for which a reply has been received offering a meager amount, as full and final settlement. The amount offered is Rs.8,470.40. The complainants have claimed the refund of the amount with respect to the unavailed optional tours and refund of the excess amount collected and also a compensation of Rs.2.lakhs each.
4. The opposite parties have filed version disputing the contentions. According to them top class facilities were provided. It is contended that the reason for not reaching in time for the River Seina Cruise was because of the heavy traffic which is not to be attributed as latches on the part of the opposite parties. It is further pointed out that the charges for the tour of Disney land included the travel from hotel as well as the service of the tour guide and not only the ticket charges. According to them all the tours were pre-arranged with other tour operators in the above countries and hence the amounts cannot be refunded on mere cancellation.
5. Evidence adduced consisted of the testimony of PW1 in CC.484/08 and Exts.A1 to A12; PW1 in CC.483/08 and Exts.A1 to A9; PW1 in CC.482/08 and Exts.A1 to A11 and the deposition of DWs 1 and 2 and Exts.B1 and B2. The Forum has directed to refund 57 Euro each with respect to the tour of Disney land as the amount collected is 90 Euro and the ticket charges was only 33 Euro. As already noted above the opposite parties have contented that the tour cost including not only the ticket charges but also the other charges including transportation and the amounts paid to be the tour manager etc. It was also pointed out that tour is arranged in collaboration with the other tour operators and hence the direction to refund the entire amount less the ticket charges is unjust. The above contention of the opposite parties/appellants appears correct as transportation and other facilities and arrangements had to be made by the tour operators. Further it is not disputed that the amount specified in the brochure for tour to Disney land is 90 Euro. In the circumstances we find that the direction to refund 57 Euro each in all the CCs cannot be sustained. The direction of the Forum in this regard is set aside.
6. The Forum has directed to refund 11 Euro each to the persons as the River Seina Cruise was cancelled and as the same was occasioned on account of the failure of the tour operator to bring the tour party to the starting point in time. The failure in this regard is squarely on account of the lapse on the part of the opposite parties even if it was on account of the traffic problems. The complainants are not be made to pay for the same. Hence the direction to refund Rs.11 Euro per person is upheld.
7. The London delight tour was cancelled at the option of the complainants. The opposite party had also offered to refund of 50% of the amount of 125 Euro per person collected ie 62.50 Euro. The direction in this regard is upheld.
8. The other part of the order disputed is the direction to pay at the rate of Rs.12,500/- per person. Evidently the complainants were totally dissatisfied with respect to the facilities provided. The evidence in this regard by the complainant is the testimony of PW1 in each of the cases. We find no reason to disbelieve the version of the above witnesses as found by the Forum also. It has to be noted that the complainants have paid lakhs of rupees for the tour believing the high profile publicity as evident from the brochures produced. It is not disputed that the tour party was left in the Disney land without anybody to guide. Hence we find that the amount of Rs.12,500/- each as compensation cannot be said to be unreasonable.
In the result the order of the Forum to refund Rs.228 Euro in CC.484/08/A.511/11, to refund 114 Euro in CC.483/08/A.512/11 and to refund 228 Euro in CC.484/08/A.510/11 is set aside. The rest of the order of the Forum is upheld. The opposite parties are directed to make payments within 3 months from the date of receipt of this order failing which the complainants will be entitled for interest at 12% from 30.4.2012 the date of this order. The appeals are allowed in part as above.
Office will forward the LCR along with a copy of this order to the Forum below.
JUSTICE K.R. UDAYABHANU: PRESIDENT VL.
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT