A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainants had booked Cosmos Tour Code to Europe to M/s.Thomas Cook as main agent for Cosmos Tour during May 2005 for a holiday tour to United Kingdom. They have approached the opposite party on 12.4.05 for booking air tickets for Chennai, London flight for onward journey on 12.5.05 and return journey on 29.5.05 and paid a sum of Rs.66,652/-. On 22.4.05 an advance of Rs.10,000/- was paid for obtaining U.K, Switcherland, Schengen Visas and handed over all the papers and the opposite party informed that the passports have been sent to Mumbai on 29.4.05 for getting visas. On 10.5.05 the complainants were informed that the Schengen Visa could not be obtained though necessary papers were given. On the advise of the opposite party the complainants gone to Mumbai to appear before Belgium consulate on 11.5.05 to get Schengen Visa and to collect passports. Since they have to start with journey to London on 12.5.05 the Belgium consulate informed that they cannot issue Schengen Visa for tour since maximum number of stay in Schengen country was in France and hence the visa should have been applied with French consulate. Because of deficiency of service in not obtaining the visa in time to enable to participate in the tour, the complainants last their reputation self respect and image was brought down before the friends and relatives and the complainants lost Rs.70,310/- towards the cost of the tour and hence the legal notice was issued and the complainants have come forward with this complaint claiming forward with this complaint claiming for refund of Rs.77,993/- and Rs.10,00,000/- as compensation for mental agony, hardship and for costs.
(3.) The opposite party contended the tour programmes details were handed over on 29.4.05 and the passports and documents were forwarded to their associates in Bombay for Swiss visa on 2.5.05 and their associates complied for Schengen Visa on 4.5.05 and as per the guidelines for granting Schengen visa the passengers were traveling only one of the Schengen country?s application was to be made only to the consulate of that country for visiting several countries, the application to be made to Schengen country which was main destination. Hence the opposite party informed the complainant about the difficulties experienced by the travel agents to obtain visa and French consulate in Pondicherry and other visa at Bombay. The Belgium consulate rejected the application for visa on 11.5.2005 on that ground it should be made only to the country where the passenger is staying for a longer duration. Hence there is no deficiency in service on the part of the opposite party and prayed for dismissal of the complaint.;