Travel Company Fined For Tour Package Goof Up
Famous travel company Thomas Cook, directed to pay Rs. 35000 as compensation to the complainant for the immense physical and mental harassment.
All the complainants were of the same family, including senior citizens and a minor.
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- The complainants are the residents of Bhatinda and Chandigarh sector 10.
- The complainants had booked a tour namely ‘fit tour Thailand’ with Thomas cook from April 15 to 22 April.
- The tour package was worth Rs 4.48 lakh.
- It was alleged by the complainants that the said tour was sheer wastage of time and money coupled with great harassment as they were not provided with proper guidance, assistant and were instead made to stay in substandard hotels.
- The consumer forum observed, after perusal of email written by the complainants to the company officials, stated that allegations in the complaints to the company official, stated that allegations in the complaint qua deficient services rendered by the travel company overseas were upright to the hilt as the tour package availed by the complainants after spending a huge amount proved not a nightmare and also caused them immense physical and mental harassment.
- Further it was established in record that the whole tour programme was mismanaged and the complainants have thoroughly been harassed on each and every juncture forcing them to manage many affairs at their own in the foreign land, besides financial loss, they also encountered language barriers.
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Who is a consumer?
1.2 Section 2(d) of the Consumer Protection Act says that consumer means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;
Explanation.—For the purposes of the sub-clause (i), “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.
What is meant by “deficiency” in service? – Section 2(1)(g) of the Act provides that, “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
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Reading the above definition by breaking it into elements, we get—
(a) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance.
For case specific advice, please contact best/top/expert Consumer Court Chandigarh Panchkula Mohali.
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