NCDRC

NCDRC

FA/255/2011

CONSUMER EDUCATION & RESEARCH SOCIETY SURAKSHA SANKUL & ORS. - Complainant(s)

Versus

CLUB 7 HOLIDAYS PVT. LTD. & ORS. - Opp.Party(s)

MR. VIKAS MEHTA

02 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 255 OF 2011
 
(Against the Order dated 12/05/2011 in Complaint No. 32/2007 of the State Commission Gujarat)
1. CONSUMER EDUCATION & RESEARCH SOCIETY SURAKSHA SANKUL & ORS.
Ahmedabad- Gandhinagar Highway, Thaltej,
Ahmedabad-380054
2. RITA D. WAGHELA
D.H. Waghela, R/o. Bunglaw No.3, Dhuliakot, Nr. Law Garden, Ellisbridge
Ahmedabad - 380 006
3. NIPAM SOMPURA
Bhavna Somapura, Residing at 9, Nirgun Bungalows, Ramdevnagar
Ahmedabad
4. SONAL BAKHDA
7. Mr. Sanjay N. Bakhda, Adult, Occ. Business, 8. Minor Vini Bakhda Through father and natural gurdian mr. Sanjay Bakhda 9. Minor Sahaj Bakhda through father and natural gurdian, Mr. Sanjay Bakhda,
Nos.6,7,8, and 9 residing at LBS Marg,Ghatkopar W
Mumbai-400086
5. -
-
-
-
...........Appellant(s)
Versus 
1. CLUB 7 HOLIDAYS PVT. LTD. & ORS.
R/o: 40,4th Floor, Rudra Plus, opp. Girish Ciold Drinks, C.G. Road,
Ahmedabad-380009
2. CLUB 7 HOLIDAYS PVT. LTD.
R/o: 1 & 2, 2nd Floor, Above Selection Furniture, 254, SV Road-Linking Road Junction, Bandra(W),
Mumbai-400050
3. CLUB 7 HOLIDAYS PVT. LTD.
R/o: 10, Lansdown Terrace,
Kolkatta-700026
4. 4. MRS. BEENA THAKKER, Adult Occ. Service,
5. MINOR sATVIK tHAKKER, through mother and natural gurdian MRS. BEENA THAKKER, 6. MS. NISHA SHAH, adult, Occ. Business, C/o. Mrs. Beena Thakker, Nos. 10,11 and 12 residing at 15, Shankardhara,
V.P. Road, Ville Parle
Mumbai-400056
5. MRS. SONIA PALKAR,Adult, Occ. Housewife,
C/o Mrs Sonia Palkar, Residing at Jayriya, 250A, Sher Punjab Society, Andheri (E), Mumbai-400093
6. Minor JAY PALKAR, Occ. study, Through Mother and natural gurdian, Mrs. Sonia Palkar,
C/o Mrs Sonia Palkar, Residing at Jayriya, 250A, Sher Punjab Society, Andheri (E), Mumbai-400093
7. Minor RIA PALKAR, Through mother and natural gurdian, Mrs. Sonia Palkar,
C/o Mrs Sonia Palkar, Residing at Jayriya, 250A, S
8. Mrs. MANISHA PATIL. Adult, Occ. Nil,
C/o Mrs Sonia Palkar, Residing at Jayriya, 250A, Sher Punjab Society, Andheri (E), Mumbai-400093
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
Ms.Aditi Bhat, Advocate
For the Respondent :
For Respondents 1-3 : Dr.Bipin K. Dwivedi, Advocate

Dated : 02 Apr 2013
ORDER

        Appellant, which is a consumer rights organization, filed complaint on behalf of Complainants No.2-16 against respondent tour operator making allegations that the complainants No.2-16 were not given proper facilities while on tour.  Complainants 2-5 are residents of Ahmedabad whereas complainants 6-16 are residents of Mumbai.  State Commission allowed the complaint filed on behalf of complainants 2-5 and directed the respondent to pay a compensation of Rs.80,000/- to complainants 2-5 collectively along with interest @ 9% with effect from 16.1.2007 till the date of payment.  Complaint filed on behalf of complainants 6-16 was dismissed for want of territorial jurisdiction.  It was held that since complainants 6-16 were residents of Mumbai, complaint filed with State Commission, Ahmedabad was not maintainable. 

Appellant has filed this appeal seeking enhancement of compensation for complainants 2-5 and quashing of the order of the State Commission in dismissing the complaint filed on behalf of complainants 6-16 on the ground of lack of jurisdiction.

We do not find any infirmity in the order of the State Commission.  Admittedly, complainants 6-16 were residents of Mumbai.  Complainant filed on their behalf at Ahmedabad, under the circumstances, was not maintainable.  We also do not find any plausible ground to increase the amount of compensation awarded to complainants 2-5.  In view of the reasons stated by the State Commission in its order, compensation awarded to complainants 2-5 is sufficient and adequate. 

No ground for interference is made out.  Dismissed.

However, liberty is reserved with complainants 6-16 to seek redressal of their grievances in an appropriate Forum and, in case, any complaint is filed by complainants 6-16 or on their behalf within 60 days from today, the same be entertained without any objection to limitation.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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