CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of March, 2017
PRESENT : SMT. SHINY.P.R, PRESIDENT Date of filing:18/01/2017
: SMT.SUMA K.P, MEMBER
: SRI.V.P.ANANTHA NARAYANAN, MEMBER
CC/12/2017
- Sivasankaran.V,
Gopeepadmam,
Akshara Nagar,
Karingarapully Post,
Palakkad. 678 551.
- Mrs.Sivasankaran.V, : Complainants
Gopee padmam,
Akshara nagar,
Karingarapully post,
Palakkad. 678 551.
Vs
Arun.S.Nair,
Aditya Destinations, : Opposite Party
South India Office,
TC25/306,1st Floor,
Xavier’s lane,
Pulimoodu, Trivandrum 695 001.
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of the complaint.
The complainants decided to have a luxury trip to Malaysia and Singapore. They contacted the opposite party and told him to make arrangements for it. Opposite party came to the complainant’s residence on 15/02/2016 and collected an advance amount of Rs.1,00,000/-(Rs.One lakh only) by cheque with other records such as pass ports and photos. Opposite party was not ready to give a proper receipt for the collected amount at that time and a receipt was given in a letter pad. Opposite party agreed to send a proper receipt which is not yet received. Complainants did not give the balance amount of Rs.14,000/-even though it was clearly stated in the tour programme because the opposite party did not give them a proper receipt for the amount collected from them. The tour programme was also given to the complainants by the opposite party. At that time opposite party had given certain phone numbers for contacting guides at various stations. Opposite party had also promised to accompany the complainants throughout the tour which he did not. Opposite party had also promised to give other documents such as passport, Visa and ticket and travel insurance policy which were not given to the complainants in time, especially the insurance policy which was received by the complainants very late. When the complainants reached Malaysia Airport on 26/4/2016 at about 6 am, nobody was there to receive them. After waiting for a very long hour, one fellow appeared and told the complainants to attend nature’s calls etc.in the airport itself because the complainants would get the rooms by evening only. According to the complainants, opposite party should have reserved enough rooms with all facilities very near to the airport prior to their arrival; this is a grave dereliction of duty on the part of the opposite party. Same thing happened at Kualalumpur also. Complainants had to wait for 2 hours after reaching Kualalumpur to see Mr.Binu, driver of ‘Heavenly Travels’. This had happened because the phone number given to the complainants was wrong. The opposite party (through Subramanian/Binoy) forcefully collected Rs.14,000/-from the complainants without receipt and this was stated by the complainant in his letter to the opposite party.
Totally the tour was a kind of harassment to the complainants; moreover full money was already collected by the opposite party from them.
The 1st complainant sent a registered letter on 02/05/2016 to the opposite party and no reply was received till 22/6/2016. Since no reply was received, the 1st complainant approached the Secretary Consumer Protection Council of Palakkad and requested him for necessary help. Secretary sent a letter to the opposite party. The reply to the complainants letter received from the opposite party on 22/6/2016 was not at all convincing. The act of the opposite party comes under unfair trade practice and deficiency in service.
It is most respectfully prayed that this Hon’ble Forum may kindly be pleased to award the complainants.
- Rs.15,000/-for each for not providing adequate service at travel places
- Rs.20,000/-for each for mental agony suffered by the complainants.
The complaint was admitted and notice was sent to opposite party. The name of the opposite party called absent and hence he was set ex-parte.
The complainants filed chief affidavit and Exts.A1-A14. From the part of opposite party no documents were produced.
The following issues arise for consideration in this case.
- Whether there is any deficiency of service and/or unfair trade practice from the side of the opposite party?
- If so, what is the relief?
Issues 1&2
In this case complainant decided to have a luxury trip to Malaysia and Singapore they contacted the opposite party and told him to make arrangements for it. Opposite party came to the complainants residence on 15/2/2016 and collected an advance amount of Rs.1,00,000/- by with other records such as passports and photos and a receipt was given in a letter pad vide Ext.A3. The opposite party was not ready to give a proper receipt for the collected amount at that time and therefore complainants did not give the balance amount of Rs.14,000/- at that time. Opposite party also gave phone numbers for the purpose of contacting guides at various stations at the time of giving tour programme by the opposite party to the complainants. The phone numbers for the purpose of contacting guides at various stations were marked as Ext.A1. The opposite party had also promised to accompany the complainants throughout the tour but opposite party did not carry out the promise. Opposite party had also promised to give other documents such as passports, visa, ticket and travel insurance policy; but they were not given to the complainants in time, especially the insurance policy which was received by the complainants very late. The receipt issued by the opposite party for Passports collected for the trip to Malaysia, Singapore was marked as Ext.A4. The front page of the SB passbook of the complainant was marked as Ext.A5 and copy of the page of the passbook containing the payment of Rs.1,00,000/-to opposite party was marked as Ext.A6. Visas issued to complainant and his wife to Singapore were marked as Exts.A7&A8. Air tickets issued to complainant and his wife for travelling to Kualalumpur were marked as Exts.A9-A10. Ext.A11 is the travel insurance policy of both complainant and his wife. Ext.A13&A14 are the copies of the passports of the complainant and his wife.
When the complainant reached Malaysia airport there was nobody to receive them. Only after a very long hour one fellow appeared to tell the complainants to attend natures calls etc.in the airport itself and the complainants would get the rooms only by evening. Opposite party did not reserve rooms with all facilities very near to the airport prior to their arrival, which according to the complainants is a grave dereliction of duty on the part of the opposite party. In Kualalumpur also complainants had to wait for 2 hours after reaching Kualalumpur to see the driver of “Heavenly Travels” Mr.Binu. The mobile number given to the complainants was wrong and that was why the delay happened, according to the complainant. The opposite party forcefully connected Indian Rs.14,000/-from the complainants without a receipt.
Totally, according to the complainants, the tour was a kind of harassment to the complainants, although full money was already collected from them by the opposite party.
The 1st complainant sent a registered letter to the opposite party on 02/05/2016 vide Ext.A2 explaining the various facts which pained them much and soliciting a satisfactory explanation from the opposite party, no reply was received by the 1st complainant till 22/06/2016. Since no reply was received from the opposite party 1st complainant approached Secretary Consumer Protection Council of Palakkad and requested for necessary help. Secretary sent a letter to the opposite party . The opposite party sent a reply to the letter of the complainant dated 02/05/2016 explaining clarifications which according to the complainant were not convincing as per Ext.A12.
Hence according to the complainant opposite party has committed unfair trade practice and deficiency of service.
Therefore the complainants pray to the Hon’ble Forum to award the complainants Rs.15,000/-for each for not providing adequate service at travel places and Rs.20,000/-for each for mental agony suffered by them.
The opposite party did not submit version and chief affidavit. He was called absent and therefore set exparte.
From the above we observe that opposite party was not present at Cochin Airport to see off the complainants; he was also not present throughout the tour with the result that there was nobody at Malaysia airport and Kualalumpur airport to receive them and entertain them. We also observe that the opposite party did not issue a proper receipt to the complainant for the amount of Rs.1,00,000/-collected from the complainants for Malaysia Singapore tour. Further we also see that the opposite party through his agents namely Subramanian/Binoy forcefully collected Indian Rs.14,000/- from the complainants without a receipt. As a result the complainants experienced much inconvenience. Only after hours of waiting guides came to their help. In Malaysia airport no rooms were arranged for them. The mobile number given for contacting Mr.Binu driver of “Heavenly Travels” was also stated to be wrong. Although a letter experiencing various inconvenience and difficulties on tour was sent by the 1st complainant on 02/05/2016 opposite party sent only a belated reply with his own explanation and clarification without any convincing reasons.
In the light of all the above, we observe that opposite party has committed unfair trade practice and deficiency of service.
Hence the complaint is allowed.
Therefore we order the opposite party to pay Rs.10,000/-(Rupees ten thousand only) to each complainant for mental agony suffered by them and Rs.2,000/-(Rupees two thousand only) to the complainants towards litigation expenses incurred by them.
Order shall be complied within one month from the date of receipt of the order; otherwise interest 9% per annum should also be paid on the total amount due to the complainant from the date of the order till realization.
Pronounced in the open court on this the 30th day of March 2017.
Sd/- Shiny. P.R
President
Sd/-
Suma. K.P Member
Sd/-
V.P.Anantha Narayanan Member Appendix
Exhibits marked on the side of complainant
Ext.A1-Itinerary of Aditya Destinations
Ext.A2 –The regd.Letter sent to Mr.Arun.S.Nair on 02/05/2016
Ext.A3- Receipt for Rs.100000/-(Rupees one lakh) given as cheque
Ext.A4- Receipt for the passports given to him
Ext.A5- Copy of the front page of the SB pass book of V.Sivasankaran
Ext.A6- Copy of the page of the pass book containing the payment of Rs.100000/- to Aditya Destinations
Ext.A7 –Visa to Singapore for V.Sivasankaran
Ext.A8- Visa to Singapore for N.Padmalaya
Ext.A9- Air ticket to Kualalumpur of V.Sivasankaran
Ext.A10- Air ticket to Kualalumpur of N.Padmalaya
Ext.A11- Travel Insurance Policy of both V.Sivasankaran and N.Padmalaya
Ext.A12-Reply of Arun.S.Nair given to Mr.M.Ramachandran, President
Ext.A13-Copy of the passport of V.Sivasankaran
Ext.A14-Copy of the passport of N.Padmalaya
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs. 2000/- as cost
