BRANCH MANAGER, SOTC/KUONI TRAVEL INDIA LTD. AND ORS. Vs. M.Y. PATIL AND ORS.

JUDGEMENT

(1.) These two appeals by the original opponents and complainants question an order passed by the South Mumbai District Consumer Disputes Redressal Forum, whereby District Forum partly allowed the consumer complaint and directed the opponents jointly and severally to pay a sum of Rs. 11,053/ - and Rs. 1,476/ - with further compensation of Rs. 10,000/ - and costs quantified at Rs. 5,000/ - to the complainants. Facts which are material for deciding these appeals are as under: - -

(2.) The complainants are husband and wife. On 18/09/2010, they booked 20 days USA with Mexico tour, which was to commence on 05/06/2011 with the opponents by paying booking amount of Rs. 42,000/ -. It was represented at that time to the complainants that the total tour cost would be Rs. 2,36,087/ - per person. Thereafter, further necessary amounts were paid by the complainants including the foreign exchange component. The tour was completed between 05/06/2011 to 26/06/2011. However, it was stated that the tour Manager extorted money from the complainants during the tour on instructions of the opponents. There was also deficiency in service. On 14/05/2011, a further sum of Rs. 1476/ - was allegedly taken by opponent No. 1 towards mediclaim insurance, though travel insurance costs of Rs. 738/ - for each person have been included for the total tour cost. Since the complainants were already holding USA visa, they sought deduction of visa charges and on 18/09/2010, one Mr. Silpi had promised to deduct the visa cost. However, the complainants were required to pay Rs. 7,094/ - each towards visa cost, apart from other charges. It was also stated that though cost of tentative tour was Rs. 1,89,990/ - per person, actually, a sum of Rs. 1,94,951/ - per person was recovered. It was stated that the tour manager collected two dollars from each passenger for 20 days tour towards tips for being paid to the coach drivers, guides, etc. though, no such service which would have entitled tipping up those persons were rendered. It was stated that on 15/06/2011, a further sum of 26 dollars each was levied for Cruise Cozumel (Mexico) and 175 dollars each for Grant Canyon West Rim Bus Tour, though, in the offer price chart this tour was to cost at 165 dollars each. The complainants also stated that the buses were uncomfortable. The passengers were asked to get down and sit on highway on 07/06/2011 for getting replacement of coach, which had broken down. On 28/06/2011, air conditioning of the coach was not working. The complainants were left in lurch on 11/06/2011, 12/06/2011, 14/06/2011 and 23/06/2011 without there being any guides. The complainants therefore sought recovery of Rs. 1,476/ - towards mediclaim insurance, Rs. 50,000/ - towards visa charges, Rs. 9,992/ - towards excess tour cost, 152 dollars towards tips and other amounts with further compensation of Rs. 1,25,000/ - for deficiency in service, Rs. 1,00,000/ - towards mental torture, etc. per complainant and Rs. 5000/ - each towards costs and expenses.

(3.) The opponents filed written version and contested the claim of the complainants. Opponents sought to brand the complaint as false, frivolous and vexatious. The opponents claimed that they had clearly specified to the complainants about deduction of Rs. 7,000/ - each from Rs. 32,000/ - towards visa and taxes as per price grid. It was stated that the deduction of Rs. 7,000/ - was given with the clear indication that the Government tax on travel amounting to Rs. 25,000/ - was always payable along with the tour costs. It was also stated that tipping was customary in all parts of the world and tip of two dollars per person was mandatory for the duration of the travel. It was stated that the opponents agreed to refund this tip amount by letter dated 13/09/2011 only for the sake of retaining the client. As far as payment of 26 dollars per person as immigration fees on arrival in Mexico, opponents submitted that this had been clearly told to the complainants and, therefore, there was no question of any excess amount being taken, yet, in order to retain the clients, the opponents had offered to refund a sum of 52 dollars equivalent of Rs. 2,530/ -. It was stated that fuel surcharge of 10 dollars on Grant Canyon West Rim optional Tour, had to be paid yet in order to avoid stretching the matter, opponents had offered to refund 20 dollars equivalent to Rs. 973/ - to the complainants. In spite of this, complainants have deliberately and intentionally approached the forum. It was denied that there was any deficiency in service. It was stated that the complainants had appreciated the past service of the opponents and, therefore, had again booked the tour in question. It was alleged that good gesture of the opponents was treated by the complainants as weakness and complainants sought to extract money from the opponents.