- Mr. Sumit Gupta,
- Mrs. Pallabi Sen,
Both residing at
96, Kankulia Road, Block-6,
Flat-1, P.S. Lake, Kolkata-29._________ Complainants
____Versus____
- Chalo Jaai Travel Club,
S.B. Towers, 37, Shakespeare Sarani,
P.S. Shakespeare Sarani, Kolkata-17.
- The Managing Director,
Chalo Jaai Travel Club,
S.B. Towers, 37, Shakespeare Sarani,
P.S. Shakespeare Sarani, Kolkata-17.________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 28 Dated 21/07/2016
The case of the complainants in short is that complainants some time on and around 18.5.11 went on a conducted tour to Nepal with o.p. no.1 and the entire tour itinerary has been narrated by complainants in the complaint petition from day 1 to day 11.
Complainants stated that the total duration of the package was for 11 days and the package price was Rs.13,500/- per head, apart from govt. service tax @ Rs.2.58%. The tourists were also entitled to a club discount of Rs.300/-. A copy of the tour itinerary as provided by o.p. no.1 has been annexed by complainant with the complaint petition as annex-A.
Complainants further stated that complainants made payment of the entire sum of Rs.27,000/- for both of them along with service tax of Rs.697/- to o.p. no.1. Copies of voucher issued by o.p. no.1 towards the receipt of the said payment has been annexed by complainants with the complaint petition as annex-B. Complainants further stated that while complainants undertaking the tour some times on and around 21.5.11, the Tour Manager of o.p. no.1 who accompanied the complainants and their fellow tourists viz. Sri Jayanta Sanyal informed the complainants that he on receipt of verbal assurance from fellow tourists to that effect that the fellow tourists did not want to share the same transport with complainants on the ground of ‘suspected chicken pox’ of complainant no.2 since it is a contagious disease.
Complainants further stated that on hearing the same with a view to accommodate the alleged concern of the fellow tourists immediately on 21.5.11 visited one Dr. Sachin Dhakal at Metro City Hospital (P) Ltd. Srijana Chawk, Pokhara, Nepal in order to seek medical opinion in the matter. Complainants further stated that said doctor did not diagnose the complainant no.2 to be suffering from either chicken pox or any contagious disease and not prescribed any medicine for regular viral infection. A copy of the said prescription has been annexed by complainant with the complaint petition as annex-C.
Complainants further stated that the Tour Manager informed them that in the evening of 22.5.11 he had received a written complaint from the fellow tourists to that effect that the said fellow tourists did not want to share the same transport with complainants on the ground that complainant no.2 had suffering from chicken pox. Complainants further stated that at this juncture the Tour Manager refused the complainants to include the tour with other tourists in the local sight seeing trip. Complainants further stated that they have requested Tour Manager of o.p. no.1 that complainant no.2 would be taken to a govt. hospital for check up for confirmation as to whether she is suffering from chicken pox or not. Tour Manager assured them that they are ready and willing for such check up at govt. hospital at any time convenient to the Tour Manager, but in spite of several requests the Tour Manager or any representative of o.ps. did not take any step to get complainant no.2 examined at the said govt. hospital.
Complainants further stated that they stranded in the foreign country without any support and guidance from o.p. no.1 or their Tour Manager at the site except for persuading them to higher the private vehicle at their additional cost and for further without being allowed for any aspect of the tour. Complainants were forced to make immediate arrangement for their return to Kolkata upon intimation to the said Tour Manager.
Complainants further stated that on reaching Kolkata complainants sent e-mail narrating the entire incident as aforesaid to o.ps. apart from writing a letter dt.11.5.11 interalia demanding a sum of Rs.27,000/- paid by them to o.p. no.1 towards the cost of the tour apart from a sum of Rs.14,000/- towards price of air tickets for the return journey from Katmandu to Kolkata. A copy of the said e-mail along with a copy of the said letter dt.11.5.11 are annexed by complainants with the complaint petition as annex-D ‘collectively’.
Complainants further stated that o.p. no.2 replied the complainants by a letter dt.29.6.11 stating that as per rule 4 of the rules of o.p. no.1 the question of maintaining social responsibility and liability and further looking to the interest of the majority passengers to continue the tour when the alleged declined to the travel with complainants on account of the safety, the said Tour Manager had taken in not allowing the complainants to travel with the fellow tourists as per instruction of o.p. no.1. A copy of the said letter dt.29.6.11 has been annexed by complainants with the complaint petition as annex-E. Complainants further stated that they have also issued a demand notice through his lawyer dt.1.9.11 and demanded Rs.1 lakh towards compensation, Rs.27,000/- towards entire cost of the tour, Rs.14,000/- towards cost of return journey from Katmandu to Kolkata by air along with 18% interest per annum. Copy of the said advocate’s letter dt.1.9.11 has been annexed by complainant with the complaint petition as annex-F. O.ps. replied the said letter dt.30.9.11 and copy of the said letter is also annexed with the complaint petition by complainant as annex-G.
After a great deal of persuasion as aforesaid by complainants, they had failed to obtain any redressal from o.ps. and being aggrieved filed the instant case before this Forum with the prayers contained in the prayer portion of the petition of complaint.
O.ps. appeared before this Forum by filing w/v and contested the case. O.ps. in their w/v denied all the material allegations made against them in the complaint petition excepting which are of matters of record. In para 10 of w/v o.ps. stated that on 21.5.11 at Pokhara after local sight seeing as per schedule of the tour programme complainant no.2 had fallen ill with high fever and also requested the Tour Manager of o.p. to arrange medical treatment as she suspected that she had been afflicted with chicken pox. Accordingly, said Tour Manager arranged for medical treatment of complainant no.2 by one Dr. Dhakal of Pokhara Hospital and after examined who prognosed complainant no.2 being affected with viral fever and the said doctor verbally advised complainant to take bed rest.
It appears from the evidence on affidavit as has been adduced by Tour Manager Mr. Jayanta Sanyal that the said doctor advised medicine and orally advised to take rest and not to travel on road for a few days. Accordingly, he arranged for room service of their dinner of complainants etc. In the said affidavit said Tour Manager also adduced that the next morning the tour was scheduled to proceed Katmandu on road, but on considering the health condition of complainant no.2, complainant no.1 requested him to arrange for air ticket for Katmandu to Kolkata at their own cost and accordingly, Tour Manager did the same. Beside this, he also adduced that he had made arrangement to drop the complainants at Pokhara Airport by hired car without charging any fare from them.
O.ps. in the w/v interalia prayed for dismissal of the case since they have denied that no deficiency of service had been made by them to complainants as service providers.
Decision with reasons:
Upon considering the submissions of the parties and on careful scrutiny of the entire materials on record, it appears that in the rule no.2 of the rules and regulations of Cholo Jaai Travel Club, Travel Club is not responsible to refund or to compensate any amount of money if the tourist cannot complete the tour of his or her adverse physical condition for any personal reason. Said copy of the rules has been annexed by complainant with the complaint petition at running page no.30. Beside this, it appears from the evidence adduced by the Tour Manager as stated above that he immediately made an arrangement for medical treatment of complainant no.2 as and when he receives complaint from other tourists. Beside this, it also appears from his evidence that he has booked the tickets for the complainants upon their request from Katmandu to Kolkata at complainants’ cost. Moreover, considering the sickness of complainant no.2 the Tour Manager of o.ps. made a hired car to come to Pokhara Airport at the cost of o.ps.
Relying upon the judgment reported in 2011 (3) CPJ 194 (NC) that pleadings should be substantiated by evidence, this Forum holds that complainants failed to substantiate their pleadings by evidence. Relying upon another judgment reported in 2011 CPR (3) 261 (NC) that deficiency in service cannot be stretched beyond limit of agreement. This Forum holds that no stretch of imagination the pleadings made by complainants and the prayer made thereof have no leg to stand upon.
Upon considering the above facts and circumstances and relying upon the judgments as stated hereinabove, this Forum holds that complainants failed to substantiate their case for deficiency of service rendered by o.ps. to them and as such, complainant is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
