Master and servant are equal responsible
Abhishek
(Querist) 15 October 2015
This query is : Resolved
my family of 4 member had booked a 10D/9N tour from a travel agency. The agency guide on the visa procedure and documentation required to get the visa approved. We have arrange all document as suggested by the travel agent. Of which 2 member got the visa but my mother and brother who is minor, visa being rejected. After taking my own research I have resubmitted the application with all additional document, Now the embassy have approved the visa. The travel agency have cancel the tour and asking for cancellation fees. But we told them that it was not cancel by us. due to their false guidance the embassy have rejected the visa. The traveling date was in June 15. The agent applied on 20 April 2015. we got the rejection intimation by the agency on 6th May 2015. we have resubmitted the Visa We have filed a Consumer complaint against the same. It was not communicate to us. Now we have filed in the name of Company as party and all the representative of the Company who gave false information to make money through cancellation. Opposite party advocate questioned that representative should be exclude as they are servant only Company should be Party for the act. I need judgment copy / citation on the same. that Master and their servant is equally responsible for the act. Pl guide on the same.
R.K Nanda
(Expert) 15 October 2015
write query in small paras so that experts can read easily instead of 1 long para.
dr g balakrishnan
(Expert) 15 October 2015
You file liquidated damages for failing your tour program and the time and period can never be regained against the company. yea you might have to pay court fee for tortious liability cases.
so decide your claim money on the tour operator
dr g balakrishnan
(Expert) 15 October 2015
you are not concerned with tour operator company's servants as they handle the tour in their company's name only, so master and servant rule is not applicable here
dr g balakrishnan
(Expert) 15 October 2015
Tour operator is handling foreign tours so obviously he should be expert in visa provisions of the particular country and he needs to rightly apply on tourists he is booking...or he should book only those who have right visas, so the tour operator cannot penalize the tourist under any count if he has moral accountability and tour ethics.
Tour operator failed in his obligations, tourists cannot be taken for granted when tour operator is ignorant of visa regulations concerned if he runs foreign tours, so he cannot collect cancellation fee under any ground.
Rajendra K Goyal
(Expert) 16 October 2015
Let the forum decide on the plea of the respondent's counsel.
Citation / judgements are not provided.
Abhishek
(Querist) 16 October 2015
Thank you for your valuable suggestion.
It means that I have to remove employees name of that tour operator as parties from my compliant. I have file damage under consumer protection act demanding the booking amount and the compensation for the torture and stress I have faced.
