By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant and his wife and children decided to join the tour programme conducted by opposite parties from 20/05/2022 to 28/05/2022. The opposite parties had promised to take it to the places like Delhi, Kulu Manali, Amritsar, Agra and also offered three star accommodation, food and semi sleeper bus. Including train charge, they wanted Rs. 21,900/- per person and complainant had paid Rs 20,000/- in advance on 21/04/2022 at opposite party's account at Federal Bank, Girinagar branch. The opposite parties had demanded a total of Rs. 88762/- for the whole family. After the complainants reached Delhi on 20/05/2022, the services offered by the opposite parties were not fully provided and due to poor quality of food, the complainant and his family and other passengers suffered from dysentery and constipation.
2. When complainant and his family reached at four o'clock in the evening at the Kozhikode railway station on 18/05/2022, the opposing parties told the complainant and his family that after deducting the advance amount, the remaining amount of Rs.68,762/- should be paid to the tour manager in cash. On 20/05/2022 as per the instructions of the opposite parties, the complainant gave Rs.20,000/- in cash to the tour Manager Jubair at Delhi. But the complainant told the opposite parties that the balance amount of Rs.48,762/- will be paid through online only. Complainant again said that opposite parties did not provide the facilities offered by them during the journey of complainant and his family. The complainant again says that the journey, food and stay were full of misery.
3. Complainant paid Rs.20,000/- through google pay to the tour manager's account. Complainant again stated that he informed the opposite parties that the remaining amount of Rs.28,762/- will be paid only when the tour ends as promised. Complainant and his family and other co-passengers were suffered a lot mentally and physically. The hotels and other places provided for stay were very substandard quality and were not fit to stay with family. Star facility or other promised facilities were not given by opposite parties to complainant. The bus and other vehicle for travelling were also in a local level. Moreover all the passengers were suffered due to stomach ache and dysentery etc. The opposite parties did not provide the facilities as promised earlier to the complainant.
4. Due to the deficiency in service from the side of opposite parties, on 12/05/2022 complainant and other passengers were put the stories of difficulties they suffered in the travel and in the food into the whatsapp group formed by opposite parties. Thereafter opposite patties did not respond even for a phone call from complainant and his co- passengers. Moreover complainant and his family had suffered diarrhea and vomiting during the travel from Delhi to their home town on 27/05/2022.Thereafter on 30/05/2022, complainant's daughter had admitted at CVR hospital, Mannarkkad due to emergent health problems. The health condition of complainant’s daughter worsened and complainant take her to MBH Hospital Malappuram and thereafter consulted with Dr.Rema Krishnakumar of Moulana hospital of Perintalmanna and she is undergoing the treatment of Dr.Rema till now.
5. Due to the deficiency in service and unfair trade practice from the side of opposite parties, complainant and other fourty persons in the tour group who are highly qualified and high profile persons had suffered a lot mentally and physically. The substandard quality of food, accommodation and travel facilities which had provided by the opposite parties caused mental agony and hardship to complainant and his family and other co-passengers. Half of the places promised to be shown to the complainant in the tour brochure were not shown to the complainant and his family. There is clear deficiency of service and unfair practice from the side of opposite parties. Hence this complaint.
6. The prayer of the complainant is that, he is entitled to get the refund Rs.60,000/-, Rs. 4,00,000/-as compensation for the mental agony and hardship suffered by the complainant due to the deficiency in service and unfair trade practice from the side of opposite parties .
7. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
8. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A12. Ext.A1 is the copy which shows the number of passengers on that tour , Ext.A2 is the copy of brochure published by opposite parties, Ext.A3 is the copy of prescription from Civil Hospital, Padhar dated 24/05/2022, Ext. A4 is the copy of prescription from Civil Hospital Padhar dated 24/05/2022, Ext. A5 are the copies of bill and prescription from CVR Hosptial, Mannarkkad and MB Hospital Malappuram
(6 Nos. ) , Ext. A6 are the copies of prescription and OP card from the department of Gastroenterology of Moulana Hospital, Perintalmanna (3 Nos.), Ext. A7 is the copy of HDFC Bank Account Statement of complainant dated 21/04/2022 , Ext. A8 is the copy regarding the payment of Rs. 20,000/- through Google pay transaction done by complainant to one Jubair Haneefa dated 23/05/2022, Ext. A9 is the copy of receipt for payment of Rs. 20,000/- dated 20/05/2022, Ext. A10 is the copy of tour ID cards of complainant and his family, Ext. A11 is the copy of four photographs of food items, Ext. A12 is the copy of four photographs of bus.
9. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced twelve documents which are very supportive to prove his case. It is true that opposite parties have not been able to implement fully the promises offered by them. But they took the complainant and his family on the tour programme conducted by them from 20/05/2022 to 28/05/2022. So the first prayer of the complainant for refund of the amount is not justifiable. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. We allow this complaint as follows:-
The opposite parties are directed to pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite parties are also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 5th day of December, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A12
Ext.A1 : Copy which shows the number of passengers on that tour.
Ext.A2 : Copy of brochure published by opposite parties.
Ext.A3 : Copy of prescription from Civil Hospital, Padhar dated 24/05/2022.
Ext.A4 : Copy of prescription from Civil Hospital Padhar dated 24/05/2022.
Ext. A5 : Copies of bill and prescription from CVR Hosptial , Mannarkkad and MB
Hospital Malappuram( 6 Nos.).
Ext.A6 : Copies are prescription and OP card from the department of
Gastroenterology of Moulana Hospital Perintalmanna( 3 Nos.).
Ext. A7 : Copy of HDFC Bank Account Statement of complainant dated 21/04/2022 .
Ext. A8 : Copy regarding the payment of Rs. 20,000/- through Google pay transaction
done by complainant to one Jubair Haneefa dated 23/05/2022.
Ext. A9 : Copy of receipt for payment of Rs. 20,000/- dated 20/05/2022.
Ext. A10: Copy of Tour ID cards of complainant and his family.
Ext. A11: Copy of four photographs of food items.
Ext. A12: Copy of four photographs of bus.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
