By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant and his wife decided to join the tour programme Conducted byopposite 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, opposite parties wanted Rs. 21,900/- per person and complainant had paid Rs.35,000/- in advance on 21/04/2022 through google pay to opposite party's account. The opposite parties had demanded a total of Rs.61,000/- for the complainant and his wife. After complainant and his wife 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 wife and other passengers suffered from dysentery and constipation.
2. When complainant and his wife reached at Nedumbasseri Airport on 20/05/2022, the opposing parties told the complainant and his wife that after deducting the advance amount, the remaining amount of Rs.26,000/- 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.26, 000/- in cash pay to the tour Manager Jubair at Delhi. Complainant again said that opposite parties did not provide the facilities offered by them during the journey of complainant and his wife. Moreover opposite parties did not show the complainants any of the places which they had earlier offered. The complainant again stated that the journey, food and stay were full of misery.
3. Complainant and his wife 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 some passengers were put the stories of difficulties they suffered in the travel and in the food into the whatsaapp group formed by opposite parties. Thereafter opposite parties did not respond even for a phone call from complainant and his co- passengers. Complainant and his wife had suffered diarrhoea and vomiting during the travel from Delhi to their home town on 27/05/2022. On 29/05/2022, complainant had approached Taluk Hospital, Malappuram due to emergent health problems. Thereafter condition of complainant and his wife had worsened.
5. Due to the deficiency in service and unfair trade practice from the side of opposite parties, complainant and other forty persons in the tour group who are highly qualified and high profile persons suffered a lot mentally and physically. The substandard quality of food, accommodation and travel facilities caused mental agony and hardship to complainant and his wife and other co-passengers. Half of the places promised to be shown to the complainant in the tour brochure were not shown to the complainants. 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. 61,000/- and Rs. 4,00,000/-as compensation for the mental agony and hardship from
suffered by the complainant due to the deficiency in service and unfair trade practice
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 A11. Ext.A1 is the copy details regarding the payment of Rs.35,000/- through Google pay transaction done by complainant to opposite party dated 21/04/2022 , Ext. A2 is the copy of receipt for payment of Rs. 26,000/- dated 20/05/2022, Ext. A3 is the copy which shows the number of passengers on that tour, Ext. A4 is the copy of brochure published by opposite parties, Ext. A5 is the copy of Tour ID cards of complainant and his wife and details of ticket reservation at KSRTC, Ext.A6 is the copy of flight ticket of complainant and his wife at Indigo flight, Ext. A7 is the copy of electronic reservation slip , Ext. A8 is the copy of prescription of Sajida from Civil Hospital, Padhar dated 24/05/2022, Ext. A9 is the copy of the bill from Shagundhaba, Ext. A10 is the copy of prescription given to complainant from Government Taluk Hospital dated 29/05/2022, Ext. A11 Copy of Pharmacy bill given from Orchid ,Hospital Malappuram.
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 eleven 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 wife 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. 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.
10. 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.2,000/(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
CPR
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A11
Ext.A1 : Copy details regarding the payment of Rs.35,000/- through Google pay transaction done by complainant to opposite party dated 21/04/2022 .
Ext. A2 : Copy of receipt for payment of Rs. 26,000/- dated 20/05/2022.
Ext. A3 : Copy which shows the number of passengers on that tour.
Ext.A4 : Copy of brochure published by opposite parties.
Ext.A5 : Copy of Tour ID cards of complainant and his wife and details of ticket
reservation at KSRTC.
Ext.A6 : Copy of flight ticket of complainant and his wife at Indigo flight.
Ext.A7 : Copy of electronic reservation slip.
Ext.A8 : Copy of prescription of Sajida from Civil Hospital, Padhar dated 24/05/2022. Ext.A9 : Copy of the bill from Shagundhaba.
Ext.A10 : Copy of prescription given to complainant from Government Taluk Hospital
dated 29/05/2022.
Ext. A11 : Copy of Pharmacy bill given from Orchid ,hospital Malappuram.
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
CPR
