IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Dated this the 28^th day of January, 2023

Present: Sri.Manulal.V.S, President

         Smt.Bindhu.R, Member

        Sri.K.M.Anto, Member

CC No. 137/2022 (Filed on 27/06/2022)

Complainant                           :         Remadevi Amma K.K, aged 56 years

                                                          Aryasree, Chirakkadavu Center P.O

                                                          Chirakkadavu -686519,

                                                          Kottayam District

                                                          Phone- 9447806024.

                                                          Vs

Opposite party                        :         Ali Ashraf

(M.D.Travel Vision Holydays)

H.O.Ernakulam, DD Vyaparabhavan

                                                          Kadavanthra, Kochi-20

                                                          Phone -9447 776444

O R D E R

Sri. Manulal.V.S, President

The complaint is filed under section 35 of the Consumer Protection Act 2019.

The brief of the Complainant’s case is as follows: - Opposite party conducting a travel agency in the name and style of ‘Travel Vision Holidays’ attracted by the advertisement of this opposite party in his website,  the complainant participate tour programme to Delhi, Kulu, Manali, Amritsar, Waga and Agra.  The complainant had paid Rs.34,359/- through the account of her friend Sudharma towards the air ticket charges of the opposite party.  It is alleged in the complaint that though opposite party offered a Volvo A/c semi sleeper deluxe bus for the journey from Delhi.  However, the opposite party arranged an ordinary A/c bus instead of Volvo A/c semi sleeper deluxe.  Air conditioner like fan, mobile charging points and air exhausts were not working.  During the rain the rain water leak into the bus.  The opposite party offered a journey three full night and side seat during the day time.  Though the opposite party offered Kerala style food for the participants, there were 3 tamilians for preparing the food during the journey.  Due to the pathetic condition of the vehicle and inability of the driver the participants reached Manali on 22/05/2022 at the evening and thereby dropped the site seeing at Kulu and constrained to return to Amritsar.  The opposite party directed the participants to cancel the journey to Amritsar and to proceed to Agra due to that act of the opposite party the participants including the complainant loss the opportunity to visit Golden Temple, Amritsar, Jaliyanwala bag and Waga borders.  When they reached Delhi airport the driver of the vehicle retained the baggage of the participants including the complainants and bargained for the tips.  It is averred in the complaint that due of the hectic journey the participants including the complainant forced to take rest for some time.  Due to the deficiency of service committed by the opposite party the participants including the complainant cannot enjoy the tour and suffered severe mental agony and hardship.  Hence this complaint is filed by the complainant praying for an order to direct the opposite party to pay Rs.50,000/- as compensation.

Though notice was duly served to the opposite party, the opposite party neither care to appear before the Commission nor to filed version, hence opposite party set exparte. 

Complaint filed proof affidavit in lieu of chief examination and Exbt.A1 to A7 were marked. 

Points to be considered.

1. Whether the complainant is succeed to establish deficiency in service on the part of the opposite party and entitled for as relief. 

The specific case of the complainant is that the complaint had participated a tour programme which was conducted by the opposite party on 20/05/2022 to 27/05/2022.  Opposite party is conducting a travel agency in the name and style of travel vision holidays. The complainant had paid Rs.21,900/- towards the expense of the tour programme to the opposite party through the account of the Sudharma P.J.  Exbt.A1 is the online transaction receipt.  On going through the Exbt.A1 we can see that the Sudharma P.J had remitted total some of Rs.83,000/- towards the tour programme out of which Rs.15,000/- was paid in the name of the complainant for tour advance.  It is proves by Exbt.A2 that the complainant was one of the participants in the tour programme.  Exbt.A5 brochure proves that the opposite party had conducted a tour programme from Delhi, Agra, Amritsar and Manali.  On going through the Exbt.A5 we can see that on the 4^th day of the tour programme they had to visit Manali and Kulu and on the 5^th day the participants had visit golden temple and Waga boarder.  And at last on the 7^th day of the tour package the participants had visit at Agra.  According to the complainant due to the pathetic condition of the vehicle and inexperienced driver, they had to drop the programme to visit Kulu, Amritsar, Waga boarder and Jaliyanwalabag.  This further averred in the complaint that the opposite party had not provided Kerala style food as offered by opposite party.  This pertinent not that despite the receipt of notice from this Commission the opposite party neither care to appear before the Commission nor to contest the case. 

As per s.2(11) of the Consumer Protection Act 2019 any fault imperfection short coming and inadequacy in the quality of nature and manner of the performance which has been undertaken to be performed by a person inpersuance of a contract amounts deficiency in service.  In case on hands there is no contrary evidence before us disbelieve the case of the complainant.  No doubt the complaint has suffered much mental agony and hardship due to the deficient act of opposite party for which they are liable to compensate.  Considering the nature and circumstances of the case we are of the opinion that allowing a compensation of Rs.10,000/- will meet the ends of Justice.   Accordingly the complaint is allowed and we here by direct to opposite party to pay Rs.10,000/- to the complainant as compensation for the deficiency in service committed to the complainant within 30 days from the receipt of the order failing which compensation amount shall carry 9% interest from the date of receipt of the order till realization.

  Pronounced in the open Commission on this the 28^th day of January, 2023.

Sri. Manulal.V.S, President     sd/-

Smt.Bindhu.R, Member        sd/-

Sri. K.M. Anto, Member        sd/-

Appendix

Exhibits marked from the side of complainant.

A1-    Copy of cash receipts.

A2-    Copy of passengers list of travel vision holidays.

A3-    Copy of flight ticket.

A4-    Photos of traveling facilities.

A5-    Copy of tour brochure.

A6-    Copy of travel guide.

A7-    Copy of tour ID card.

                                           By order

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                                                           Assistant Registrar