IMPORTANT POINT
Tour & Travels – OP not liable to pay expenses for booking Air Tickets & Hotel Booking.

ORDER

R.S. Rajeshree, Member N-J.—This appeal is filed u/s.15 of the Consumer Protection Act, 1986 by the opposite party, Eassfar Tours and Travels being aggrieved by the orders passed by the District Consumer Forum-II, Hyderabad in C.C.No197/2017 vide orders dt.26.07.2019 wherein the District Forum has passed the following orders:

• In the result this complaint is allowed in part directing the opposite party:

(i) To pay an amount of Rs.80,000/- as claimed by the complainant under Ex.A7 e-mail correspondence dated:30th March,2017 with interest@ 9% P.A. w.e.g.8th May,2017 i.e. from the date of filing of the complaint till its realization.

(ii) To pay Rs.25,000/- towards compensation for mental agony and trauma caused to the complainant.

(iii) To pay Rs.5,000/- towards costs of the proceedings.

(iv) Time for compliance is 30 days from the date of receipt of this order failing which the rate of interest under point No.1 above shall be accrued @ 15% P.A. from the date of default till its realization.

(v) Rest of the claim of the complainant is dismissed.

2. For the sake of convenience, the parties are described as complainant and opposite party as arrayed in the complaint.

3. The case of the Respondent/complainant is that the Appellant/opposite party had promised to get them Kuwait Visa and upon its assurance he had paid an amount of Rs.25,000/- on 27.02.2017 by way of Cheque to Mohammed Kaleemuddin, and same was enchased by the him, that along with the said cheque he had also submitted the confirmed returned Air tickets to Kuwait along with Hotel bookings confirmations for Five nights in Kuwait he had also submitted graduation certificate and other relevant documents as required by the Kuwait Embassy, the appellant/opposite party promised to get the visa within 10 days. Accordingly he booked tickets for 11.03.2017 to 16.03.2017 by paying a sum of Rs.23,679/- and also booked hotel by paying a sum of Rs.35,246/-, both these amounts are Non-refundable and Non-amendable.

That on 09.03.2017 the respondent/complainant tried calling Mohammed Kaleemuddin, many times but he failed to respond finally at 10.PM the respondent /complainant received a message from Mohammed Kaleemuddin, that the Visa is awaited for some committee approval and asked the respondent/complainant to wait till 15.03.2017 upon his assurance the complainant had modified the booking dates from 11.03.2017 to 17.03.2017 though such amendments are not permitted the travel agent GOIBIBO had effected the modifications by charging Rs.11,031/- and Rs.3,137/- respectively for Air tickets and hotel; that even by 15.03.2017 the appellant/opposite failed to get the visas and once again requested to modify the travel dates which was again modified from 17.03.2017 to 25.03.2017 and the travel agency collected amount of Rs.2,282/- and Rs.2,270/- for Air tickets and hotel booking respectively.

Mohammed Kaleemuddin, promised to get the Visas by 25.03.2017 but however realising his mistake he paid back an amount of Rs.25,000/- by way of cheque as modifications /amendment charges incurred for Air Ticket and hotel booking and again requested to modify the booking as such the Respondent/Complainant had modified the Air ticket and hotel booking dates from 25.03.2017 to 08.04.2017 and return journey by 13.04.2017 that in spite of the same the appellant/opposite party failed to get the Visas even by 08.04.2017, as such the air ticket and hotel booking amount where forfeited by GOIBIBO as per the rules as “NO SHOW” as such the Respondent/Complainant got issued a legal notice claiming the amounts he had lost due to repeated modifications and amendment in the schedule of travel, that the opposite parties failed to give any details of File Number pertaining to visa applications in spite of several requests; that upon enquiry the respondent/complainant had come to know the opposite party does not have valid business licence from IATA to process Visas, which implies that Mohammed Kaleem