CWP No. 19197 of 2010. ::-1-::

IN THE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT CHANDIGARH.

C.W.P. No. 19197 of 2010. [O&M]

Date of Decision: 05^th January, 2011.

Cox & Kings Ltd.

Petitioner through

Mr. Sumeet Goel, Advocate

Versus

Permanent Lok Adalat & Ors.

Respondents

CORAM:

HON'BLE MR. JUSTICE SURYA KANT.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

SURYA KANT, J. [ORAL]

This Civil Writ Petition seeks quashing of the award-cum-

order dated 02.06.2010 [Annexure P-1] passed by the Permanent

Lok Adalat [Public Utility Services], Ferozepur whereby an application

moved by the second respondent for the refund of ` 5,84,461/-has

been allowed to the extent that the petitioner Company has been

direct to refund `3,69,000/- along with interest @9% per annum.

[2].

The afore-stated order has been passed by the

Permanent Lok Adalat on an application moved by respondent No. 2

under Section 22-A[b][i] of the Legal Services Authorities Act, 1987

for settling the dispute pertaining to Transport Services.

[3].

Respondent No. 2 is a Surgeon by profession and is a

retired Senior Medical Officer. He along with his wife – Swaran Kaur

Sauna and their son Gagandeep Sauna intended to visit abroad and

came across a scheme known as 'Coast to Coast' floated by the

petitioner Company/local agent–respondent No. 3. Respondent No. 2

CWP No. 19197 of 2010. ::-2-::

and his family decided to avail the advertised tour programme and

they contacted the local agent on 24.04.2008 and thereafter

deposited the agreed amount of ` 5,88,461/- for taking them for the

'Coast to Coast' tour. The said amount was paid by respondent No. 2

through various cheques drawn on ICICI Bank, Ferozepur.

[4].

Respondent No. 2, his wife and son were having valid

Passports and they were asked to apply for American Visa through

the petitioner Company, which was though granted to the wife of

respondent No.2, but was denied to their son - Gagandeep Sauna

on 26.06.2008. The visa-application of respondent No. 2 was kept

pending by the US Embassy. Meanwhile, the departure date of the

tour, i.e., 18.07.2008 arrived, however, the Visa request of the son of

respondent No. 2 having been declined and his own Visa application

having been kept pending that the family could not depart abroad.

Respondent No.2 accordingly demanded the refund of amount paid

in advance. The petitioner Company vide letter dated 09.10.2008

refunded a sum of `1,55,461/- only and withheld the substantial part.

The petitioner Company thereafter sent a registered letter dated

13.10.2008 informing respondent No. 2 that “without prejudice to our

rights aforesaid and without entering into the merits of the case, in

goodwill gesture, we provide you a credit note of `2,36,802/- which

could be utilized by you in your future tour programme”. The letter

further recited that respondent No. 2 could “utilise this credit note for

any of our “Dunia Dekho” group tour or flexi hols, fit tours which were

to be booked before December 31, 2009 and the same can not be

utilized in conjunction with any other promotional offer of the

company”. It was in these circumstances that respondent No. 2

CWP No. 19197 of 2010. ::-3-::

approached the Permanent Lok Adalat for the settlement of his

dispute.

[5].

The petitioner and its local agent contested the claim of

the second respondent and maintained that it was clearly stipulated

in the Rules regarding 'how to book the tour' and the terms and

conditions that there was no obligation for the petitioner Company to

arrange Visa as it was for respondent No. 2 and his family member