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BEFORE THE TELANGANA STATE CONSUMER DISPUTES
REDRESSAL COMMISsION: HYDERABAD.
FA.NO.574 OF 2019
AGAINST ORDERS IN CC.NO.305OF 2016, DISTRICT
cONSUMER COMMISSION-I,HYDERABAD
Between:
1. Sure Anand Reddy,
S/o.Late Laxma Reddy,
Aged about 72 years,
R/o.C-402, Fortune Enclave,
Road No.12, Banjara Hills,
Hyderabad.
2. Sure Nirmala, W/o.S.Anand Reddy,
Aged about 64 years,
R/o.C-402, Fortune Enclave,
Road No. 12, Banjara Hills,
Hyderabad.
Appellants/Complainants
And
1. Thomas Cook (India) Ltd.,
Head Office: Thomas Cook Building,
Dr.D.N.Road, Fort Mumbai, India,
Rep. by its Managing Director,
Pin No.400 001.
2. Thomas Cook (India) Limited,
Branch Office: 6-1-57, Nasli Arcade,
Saifabad, Hyderabad - 500 004.
Rep. by Osuru Srinivas, Sales Executive.
Respondents/Opposite Parties
Counsel for the Appellants/Complainants: M/s. V. Gourisankara Rao
Counsel for the Respondents/Opp.Parties: M/s.Syslex Law Firm
QUORAM: SRI JUSTICE M.S.K.JAISWAL, HON°BLE PRESIDENT
HON BLE SMT.MEENA RAMANATHAN...LADY MEMBER
MONDAY, THE NINETEENTH DAY OF DECEMBER
TWO THOUSAND TWENTY TWO
k******
Order (Per Smt.Meena Ramanathan, Hon'ble Lady Member)
1. This is the appeal filed U/s. 15 of Consumer Protection
Act, 1986 against the order dated 19.08.2019 of the District
Consumer Commission-l, Hyderabad, made in CC.No.305/20.
The Complainants are the Appellants and the Respondents are
016. the
Opposite Parties in CC.No.305/2016.
2. For the sake of convenience, the parties are described as
arrayed in the complaint.
3. Briefly stated, the facts are that the Complainant planned a
visit to South Africa and the said tour was arranged through the
Opposite Parties at Hyderabad. The tour was for a period of 10
days to different places in South Africa and the cost of the package
was Rs.1,65,000/-
tax. The ravel date was scheduled
for
20.08.2014 and a sum of Rs.1,00,000/- was paid on 14.07.2014
by way of cheque. The balance amount was to be paid before the
start of the tour.
4. It is the Complainant's case that the Ebola Epidemic erupted
in some of the African countries and WHO classified the virus as
deadly and high risk. Since the Complainants were required to
travel from Mumbai to Kenya and from there to Johannesburg in
South Africa, they requested the Opposite Parties to change the
travel schedule but their request was declined. Since they are
senior citizens and the Opposite Parties were least concerned
about their welfare, they requested refund of the advance amount
along with interest and compensation. The present complaint is
filed against the unfairness exhibited by the Opposite Parties in
refusing to refund the said amounts as claimed for.
5. The Opposite Parties filed their written version admitting to
the fact that the Complainants had booked the tour on 14.07.2014
and on the same day, a sum of Rs.1,00,000/- was deposited as
advance
towards the
confirmation of the tour slated
for
20.08.2014. They claim that their Company representative
explained the terms and conditions of booking to the Complainants
and the same was signed by them.
It is submitted that since March,2014, West Africa has
experienced the largest outbreak of Ebola and the Complainants
were very well aware of this at the time of booking. The tour
program was confirmed and flight tickets were booked. They cite
the terms and conditions of the tour program and state that all
payments have to be made within 10 days prior to tour departure.
The Complainants failed to pay the total cost and the program was
already booked and necessary cancellation charges would be
applicable.
7. The
Opposite
Parties
claim
that
they
have
sent
approximately 3000 persons to South Africa and Kenya on their
Group Travel Packages and there has been no untoward incident
reported
till
date.
Having incurred the expenses for
the
arrangements made, they refused to refund the advance amount
paid by the Complainants. With the above submissions, t
