IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: - THIRU.S. KARUPPIAH, PRESIDING JUDICIAL MEMBER F.A.No.86/2016 (Against the order made in C.C.No.49/2014, dated 22.07.2016 on the file of the District Commission, Thanjavur.)

WEDNESDAY, THE 23rd DAY OF AUGUST – 2023

1. M/s. SOTC Travel Services Private Limited, (Formerly known as M/s. Kuoni Travel (India) Private Limited, Having their Registered Office at

324, Dr. D.N. Road, Fort, Mumbai – 400 001.

And its Corporate Office at

9th Floor, Tower A, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Muambai – 400 013.

Represented through its Manager.

2. M/s. SOTC Travel Services Private Limited, (Formerly known as M/s. Kuoni Travel (India) Private Limited, And having one of its branch at GR Chambers 1st Floor, No.66, Lokamanya Street, R.S. Puram West, Coimbatore – 641 002.

Represented through its Manager. Appellants/Opposite parties 1 & 2 Vs

1. Thiru.R. Anbalagan, S/o. Thiru. Ramaiah, No.36-B, 2nd Street, Kannan Nagar, Thanjavur, Thanjavur District. Respondent-1/Complainant

2. M/s. Temple Travels & Tours Door No.108, Ave Maria Building, Near Ramanatham Bus Stop, Trichy Road, Thanjavur -7. Respondent-2/3rd Opposite party Counsel for the Appellants/Opposite parties 1 & 2: - M/s. R. Pandivel, Advocate.

Counsel for the Respondent-1 /Complainant: - M/s. V. Balaji, Advocate.

Respondent-2/Opposite parties -3 :- Served and called absent.

This appeal is coming before us for final hearing on 08.08.2023 and on hearing the arguments of both sides and upon perusing the material records, this Commission made the following:-

ORDER

THIRU. S. KARUPPIAH, JUDICIAL MEMBER. (Open Court)

1. This appeal is filed under section 15 read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 (Replaced with section 41 r/w section 47(1) (a) (iii) of the Consumer Protection Act 2019) against the award passed by the District Commission, Thanjavur in C.C.No.49/2014, dated 22.07.2016.

2. For the sake of convenience and brevity, the parties are referred to here as they had ranked in the District Consumer Disputes Redressal Commission, Thanjavur.

3. The gist of complaint averments is as follows:- The complainant is a Chartered Accountant and also a member of the Rotary Club. He wanted to attend the Rotary International Convention held in Lisbon in Portugal on 23^rd June 2013. He approached the opposite parties 1 and 2 who are the tour operators through the 3^rd opposite party and the opposite parties also charted out the tour plan to visit Lisbon and Madrid in Spain from 22 June 2023 to 28 June 2013. The opposite parties 2 and 3 at that time suggested the complainant to join the Vishwa Darshan Europe 2013 tour programme and so the complainant also joined the above tour programme. The complainant paid the entire amount as well as registration charges for accommodation and other things for the above two tour programmes. At that time, the complainant to undergo tour programme asked to obtain two types of visa one from U.K. Embassy and another one common visa by name Schengen Visa. The opposite parties informed the complainant to get U.K. Visa by the complainant himself and they undertook to get Schengen Visa from the concerned Spanish Embassy. The complainant obtained U.K. Visa. But, the opposite parties failed to get Schengen Visa as promised till 21.05.2013 and in the visa, he also came to understand that it was obtained for the period from 28.06.2013 to 11.07.2013. Apart from that, photo of the complainant was not affixed in the visa instead some other person’s photo was affixed. Due to the above discrepancy in obtaining the visa the complainant was unable to undergo the tour as planned and thereby he sustained monetary loss and suffered mental agony. Hence, he sent a notice for which the opposite parties sent a Demand Draft only for Rs.26,309/-. But, the actual monetary loss suffered is as Rs.1,65,161/-. Hence, the complainant filed a consumer complaint against the opp