[Resolved]  Thomas Cook — Not change the date of travel which they had agreed to do before one month of the departure date

Address:New Delhi, Delhi

Complaint against Thomas Cook for not accepting change of date of travel which they had agreed at the time of booking.

The facts of the are as follows:

1. That, on 4th February, 2014 the Complainant (R.K. JAIN) had availed the services from the Opposite Party No. 2 (Thomas Cook) for booking a tour Grand Bargain America with Bahamas Cruise and Canadian Extravaganza at a total amount of Rs. 3, 20, 000/- and USD 4, 700/-, for 2 people and had accordingly paid in advance the total sum of Rs.1, 20, 000/-. Balance amount of Rs. 2, 00, 000/- and USD 4, 700 equivalent in Indian Rupees as per the prevailing rate of exchange on the date of payment is payable.

2. That, at the time of booking the tickets a representative of the Opposite Parties had very clearly stated that Deviation or date change would be allowed if seats were available to that effect without any subsequent deduction of charges. The executive had also mentioned very clearly the company policy as regards to the postponing of dates which would be allowed only if a one month prior notice was issued intimidating the same and this too would be exempted from any charges or penalty. The concerned executive has very clearly incorporated following condition in the Booking Form signed by both the parties on 04.02.2014:-QuoteDeviation or Date Change is Allowed. If Seats are available without any charge.UnquoteIt is pertinent to mention that above is a “over-riding” clause in the Booking Order Sheet.

3. The copy of the Booking Form is readily available with me.

4. That, though the Complainant was not in a position to give any firm date yet the executive of Thomas Cook has assured that any tentative date can be given for booking purposes and issue of required Visas etc. from concerned Embassies etc. and date of exact departure can be changed before one month of the confirmed departure date. Thus, tentatively booking were made for departure in a tour on July 7th, 2014 but due to a marriage ceremony in the house, the Complainant had to postpone the tour to September 1st, 2014 for which an e-mail was sent to the Opposite Parties intimidating the same on May 22nd, 2014 i.e. more than 45 days prior to the tentative date. There was no reply from 22nd May, 2014 to 26th May, 2014 (noon time) from the Opposite Party though the Complainant has reminded over phone few number of times. It is to be noted that prior to 22.05.2014 i.e. when a request is made for change of date by the Complainant, there was no communication about any booking from the Opposite Party.

5. That, on May 26th, 2014 (2.18 P.M.) the Opposite Party had sent an e-mail to the Complainant stating that bookings are made for 7th July, 2014 and stated, as follows:QuoteAs per your below mail your all the services are confirm including ticket. Please find below confirm flight details. shifting charges would be applicable if you will shift your tour. Please advice. Unquote

6. Thus the Opposite Party has informed that the request for the postponement of the dates could only take effect if the Complainant pays extra charges as a penalty because at an earlier instance the bookings were already made for 7th July, 2014. It is pertinent to note here that the Opposite parties acted outside the purview of the company policy and thereby have wronged the Complainant.

7. That, on further follow up, the Complainant had immediately replied on 26th May, 2014 itself and e-mailed the Opposite Party and conveyed that change is allowed without any charge if a request is made prior to one month of the departure date as stated in the Booking Order Sheet. The Complainant had also requested to fix the date of departure to 01.09.2014. Since there was no reply inspite of repeated follow-up over phone, a reminder dated 30.05.2014 was sent to the opposite party for taking necessary action as there is a commitment from Thomas Cook to change the schedule without any charge.

8. As there was no response from the Opposite Party, the Complainant had maintained the follow up over phone and as desired by the opposite Party, had sent a scanned copy of the Booking Order Sheet vide e-mail dated 02.06.2014 (11.51 A.M.) and requested to change the date of trip to 1st September, 2014 as per various mails sent in this regard on 22.5.2014, 26.05.2014 & 30.05.2014.

9. Further, another E-mail dated 02.06.2014 (1.31 PM) was sent by the Complainant wherein the executive of the Opposite Party has agreed for change of date without any charge. This commitment was made by the opposite party on 04.02.2014.

10. The opposite Party has informed vide E-mail dated 04.06.2014 (12.00 Noon), as follows:-QuoteWill shift you when seats and dates are available, but if any services will confirm and then you want to change so you have to pay the cancellation charges it is mentioned in the booking form.Tickets are already issued, if you want any change you have to pay cancellation charges.UnquoteComplainant had been informed by the Opposite Party about any booking made after 4 days of requesting for change. In case, any booking is made on behalf of the Complainant, same should have been made by the Opposite Party only after prior confirmation from the Complainant as 7th July, 2014 was only tentative. There is a clear cut “over-riding clause” in Booking Form Sheet for change of date without any charge. The Complainant has the right to change the date before one month or the time, he has been informed about any booking. Since no booking was informed to the Complaint until the date of request for change i.e. 22.05.2014 (which is more than 45 days of tentative booking date), the Complainant is entitled to change the date without any charge.Thus, this is unjustified levying of extra charges whereas the Booking Order Sheet stated otherwise. Additionally, such fraudulent actions tantamount to unfair trade practices by the opposite Parties.

11. In reply to above mail, the Complainant replied on 04.06.2014 (12.40 PM) and requested for change of date to 1st September, 2014 without any charge as already requested on 22.05.2014 since booking form sheet clearly shows that the Complainant can change the date of departure without any charge. A scanned copy of the booking form was also sent.

12. Since there was no appropriate response from the Opposite Party, an E-mail dated 4th June, 2014 (2.24 P.M.)was sent to the Branch Manager of the office Opposite Party at Connaught Place and all the above relevant mails (screen shots / scanned copies) were sent as an attachment:- i) Complainant E-mail dated 22.05.2014 requesting to change the date to 1.9.2014.ii) Opposite Party E-mail dated 26.05.2014.iii) Complainant E-mail dated 26.05.2014 with regard to reply of Thomas Cook E-mail dated 26.05.2014.iv) Complainant E-mail dated 30.05.2014 being reminder.v) Complaint E-mail dated 02.06.2014.vi) Booking Order sheet dated 04.02.2014.The complainant requested the opposite Party to go through the documents and take necessary action, at the earliest.

13. Since there was no response, the facts about the case was also sent to the Branch Manager vide E-mail dated 05.06.2014 (3.24 PM) by the Complainant wherein emphasis was given on the following points:-i) There was a commitment for deviation or date change without any charge, if seats are available. Since the Opposite Party is prepared to change the date with charge, it means seats are available in the group departing on 1st September, 2014.ii) Since the reply of the Complaint mail dated 22.05.2014 was given on 26.05.2014 only, it was after thought only. Moreover, there is no PNR number in the mail received on 26.05.2014. It was also mentioned that seats might have been blocked prior to confirm booking which is normally done without any charge. iii) Booking of any seat or services should have been done only after confirmation from the Complainant individually.iv) If any mistake is done by any staff member of the opposite party, the Complainant should not be responsible for the same.

14. The Opposite Party has replied vide E-mail dated 6.6.2014 (7.29 PM) that date change is allowed subject to terms and conditions as mentioned on booking form. Since Services of the tour are booked on is already confirmed and tickets issued – date change would be charged.There was no reference of the “over-riding clause” mentioned in the booking form dated 04.02.2014 which clearly stipulate that deviation or date change is allowed without any charge.

15. As such, the Complainant received a reply after 15 days (Complainant requested for change on 22.05.2014 and finally received negative reply from the Opposite Party only on 06.06.2014) that the extra charges were levied on the Complainant because the Opposite Parties had booked the flight tickets before hand. Even after repeated attempts to resolve the issue the Complainant was dealt with very harshly as the Opposite Parties were adamant on levying the charges even though it actually was the Opposite Parties’s fault for they failed to act as per terms and conditions mentioned in the Booking Form.

16. That, the Complainant was appalled to receive such inept and unprofessional services from the Opposite Parties. Furthermore, the acts of the Opposite Parties have created unnecessary hassles and have added to the mental frustration and the level of mental trauma for the Complainant.

17. That, the actions of the Opposite Parties are liable under Section 2(1)(g) of the Consumer Protection Act, 1986 which defines "deficiency" as 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 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. Also, as per Section 2(1)(r) of Consumer Protection Act, 1986, "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice.


Since Thomas Cook has not heard my case, appropriately, I am approaching Consumer Forum and filing the case against Thomas Cook for

1. Change of date without any charge

2. If not decided by court, refund of entire amount.

3. Rs. 1, 00, 000/- towards mental agony and harassment.

The readers are advised to be aware about the malpractices being adopted by Thomas Cook, Connaught Place Branch. Any one can contact me over phone at any time

rgds

R K JAINC-79, UNITED INDIA APARTMENTS
MAYUR VIHAR PHASE-1 EXTENSION
NEW DELHI - 110091
CELL NO. [protected]
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Aug 14, 2020
Complaint marked as Resolved 
Complaint comments 

Comments

Dear Mr. Jain, your concerns were escalated to the concerned department, further to which our representative, Rochelle from the service quality team has sent across an e-mail addressing your concerns. We have also been informed that out Anita from our Delhi branch has been in touch with you. For any further concerns or queries, please feel free to contact Anita, General Manager – Leisure Travel (Outbound) and she would be delighted to assist. We thank you for your understanding and hope to have been able to resolve your concerns?


Best,
Team Thomas Cook India

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