Ref. : ER/Press/06/sotc11.p65

Deciding on a case filed by Consumer Education and Research Society (CERS) and Devang K. Zaveri, Ahmedabad, the Ahmedabad City Consumer Disputes Redressal Forum held SOTC, a tour operating agency and a division of Kuoni Travels (I) Pvt. Ltd., responsible for negligence, deficiency in service and unfair trade practice. The Forum ordered the SOTC to pay Rs. 66,479 to Devang with 6 per cent interest from 12 January 2004 till payment, Rs. 2000 for mental agony and Rs. 2000 as cost to CERS.

Devang, along with his wife and two children, had decided to go for a 19-day tour, European Extravaganza, for which they booked their tickets with the SOTC. He received an invoice pro forma advising him to pay Rs. 81,610. He signed an agreement and paid the amount. Later, he was asked to pay an additional $ 8298. A few days before the tour was to start, once again Devang was asked to pay more, this time on the pretext of mediclaim, “high-season surcharge’, etc.

The brochure stated that the tourists would get their tickets a week before the departure date. But they received the tickets when their flight for the tour was just about to leave Mumbai airport. This resulted in the family’s mental agony. The brochure also stated that in London they would be put up at Wembley Plaza; instead, they were taken to Thistle and asked to pay $ 922. They also had to spend $ 65 on taxi fare as the hotel was far off and no transport had been arranged.

On return, the family approached CERS, which filed a complaint with the Forum under Section 2(1) G and 2(1) O of the Consumer Protection Act, 1986. CERS stated that Devang and his family had to face untold harassment due to the SOTC’s deficiency in service.

The SOTC contended that the complainants’ plea was false and that it had charged according to the terms and conditions mentioned in the brochure. It also argued that since its head office is in Mumbai, the Forum had no jurisdiction in the case.

The Forum considered that CERS and Devang had proved their case with cogent evidence and established the deficiency in service and unfair trade practice on the part of the SOTC. It upheld the complainants’ case and ordered the SOTC to refund the entire extra expenditures (including Rs.2000 on Mediclaim Insurance, Rs.16,400 on “high-season surcharge”,Rs. 43,334 on hotel and Rs.4745 as the taxi-fare to reach London airport) amounting to Rs.66,479 with 6 per cent interest from 12 January 2004 (applicant’s date) till payment,incurred by Devang.

Mr. U. M. Raval presided over the Forum, with Mr. Bharatbhai H. Joshi as Member. Mr. H. P. Motiramani appeared for the complainants and Mr. Ajay A. Mehta for the opposite party.

Date : 24/03/2006

Editor : Pritee Shah
INSIGHT — The Consumer Magazine
Place : Ahmedabad

Opinions, test results and research findings issued through this Press Release cannot be used in any form directly or indirectly for advertising, promotional or commercial purpose.

CONSUMER EDUCATION AND RESEARCH CENTRE
“Suraksha Sankool”, Thaltej, Ahmedabad-Gandhinagar Highway,
Ahmedabad-380 054 (INDIA)
Phone : 079 - 7489945-46, Fax : 079 - 7489947,
E-mail: cerc@cercindia.org, cercindia@gmail.com, Web Site: http://www.cercindia.org