Date of Filing: 22.04.2019
Date of Judgment: 14.09.2022
Mrs. Sashi Kala Basu, Hon’ble President
This Complaint is filed by the Complainant namely Shri Prangopal Saha under section 12 of the Consumer Protection Act 2019 against the Opposite Party namely Elite Tours & Travels (referred as OP hereinafter) allaging deficiency in service on the part of the O.P.
Complainant’s case in short is that he and his wife accepted the tour package of Thailand for 8 nights and 9 days organized and supervised by the O.P and made payment of advance of Rs 70000/- on 14.11.2018and paid Rs 83000/- as final payment on 18.01.2019. But O.P sent the Hotel confirmation voucher only on 22.01.2019 at 17:30 hrs through Whatsapp and sent the tour programme (itienary) on 23.01.2019 at 17:17 hrs i.e just four hrs before the travel through Whatsapp. On arrival at Bangkok Complainant learnt that the tour was not organised by the O.P but they only acted as a broker. As per the authorization letter issued by the O.P, it was specified that they will provide all food i.e breakfast, lunch , dinner, tea and snacks but O.P only provided out of 09 breakfast 08 breakfast and 8 lunch. No dinner was provided. Neither any tea & snacks was provided. Only one bottle of 500ml water was provided per day for per person. The tour of James bond Island and sight seeing /city tour of Pattaya, Phuket Krabi and Bangkok not done as per itienary. Apart from these, instead of 2 nights stay only for 01 night at Phuket, 01 night instead of 2 nights at Pattaya and at Krabi also 01 night instead of 02 nights were done. OP till 23.01.2019, 17:17 neither informed nor consulted the Complainant and changed the itienary on their choice.The entire tour was unpleasant and frightful. So as the OP has been deficient in rendering service, present Complaint is filed by the Complainant praying for directing the OP to pay Rs 32048.26 towards cost of food, drinking water, non-compliance of tour package in full along with interest, to pay Rs 50000/- as compensation and Rs 25000/- as litigation cost.
OP has contested the case by filing written-version denying and disputing the allegation made against it contending inter-alia that at the time of booking ,tentative itienary which could be changed and altered was given and after final payment, final schedule as well as itienary hotel voucher was supplied to the Complainant. Complainant made the final payment on 19.01.2019 i.e only 5 days before the starting of tour due to which all the hotel booking and hotel vouchers and other things were given at last moment. As per schedule /itienary 08 complimentary breakfast from hotel along with 08 dinners and 04 lunch were to be provided but there was no promise to provide snack, tea and water. However OP still supplied 500 ml of water. Due to some miscommunication the supplier of OP did not issue any food voucher by mistake for which OP admitted to pay 200 THB per lunch & dinner. The visit of James bond had to be dropped due to Air timing and so OP is to pay 2400 Thaibhatt. It has been contended by the OP that the Complainant is thus entitled to get back Rs 13640/-only. The claim of the Complainant is unjustified and thus OP has prayed for dismissal of the Complaint with cost.
During course of evidence, Complainant filed examination-in-chief on affidavit followed by filing of questionnaire by OP and reply by the Complainant and thereafter OP filed the examination in chief but Complainant did not file any questionnaire and thus ultimately arguments of both side have been heard. Complainant has also filed brief notes of argument.
So the following points require to be determined
- Whether there has been deficiency in rendering service by the OP?
- Whether the Complainant is entitled to the relief as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion in order to avoid repetition.
Complainant in order to substantiate his claim that at the time of booking, OP had provided the document which also included supply of snacks & tea, apart from breakfast, lunch and dinner, has filed the copy of said authorization letter and that the OP did not provide the food as promised and he himself had to buy the food on payment, has filed a statement of payment towards the cost of food purchased by him during the entire tour of 8 nights & 9 days to Thailand.
On perusal of the written-version filed by the OP as well as reply sent by the OP to the Complainant in response to letters sent by the Complainant, it appears that OP has admitted that food voucher was not supplied to the Complainant by their supplier and also admitted that James bond Island tour was dropped. However according to OP, there was no such condition or assurance of providing tea & snack and water and tour of James bond Island was to be dropped due to Airtime. But on scrutiny of the authorization letter issued by the OP on 14.11.2018, it is evident that on its reverse, the terms and conditions has been stated which specifies that tour price includes “All food (Bed Tea, Breakfast, Lunch, Evening tea & snacks, Dinner)”. So it is evident that at the time of booking of tour, complainant was made to believe that all food as specified therein would be provided. It is nowhere contended by the OP that any other programme schedule or itienary was provided to the Complainant thereafter till before 04 hrs of the starting of journey through Whatsapp, on 23.01.2019. If that be so than OP cannot shirk its responsibility and could not deviate from the conditions as provided as per their own document. So far as providing drinking water, it would be absurd to acceptthe contention of the OP that there was no such condition even though they provided 500ml water per head on each day. If as per the itienary, they were to provide food ( lunch, dinner etc) than it is but natural that with the food, water has to be supplied because OP should have known that a man having food will consume water and thus needs water. No document is filed by the OP that tourist were told to carry the water of their own. So the entire cost borne by the Complainant towards food and water has to be paid back by the OP.
It may be pertinent to point out that OP charged for the entire tour package but easily forgot to supply the food voucher leaving the Complainant and his wife, who were not only senior citizens but also were suffering from ailments to find food of their own in a foreign land. There cannot be any denial that Complainant and his wife preferred and booked the package tour of the OP with a belief that they could travel and enjoy the trip without any stress and hindrances, otherwise they themselves could have arranged the tour by making personal arrangements. So OP was bound to provide the facilities which they had offered but they failed to do so. It may also be mentioned that it is strange that OP knew the flight timing but included in tour package, visit of James bond Island and took the money which is misleading and unfair on their part. Complainant in this case has protested and asked for refund of the sum but there may be other tourists who may not file any Complainant or raise the issue. OP in this case did not refund the sum of their own to the Complainant but much after this case was filed, OP mischievously deposited the sum of Rs 13640/- in the bank account of the Complainant. In his reply to questionnaire of OP, Complainant has stated that he was surprised that where from OP got the account number of the Complainant. So apparently OP has been deficient in rendering service and thus we find that OP is liable to pay back the entire sum of Rs 32048. However since Rs 13640/- has been deposited, same will be deducted from the said total sum of Rs 32048 which will be Rs 18408. Together with that, Complainant is also entitled to the compensation for the harassment and mental agony suffered by him. An amount of Rs 40000/-as compensation in our view would be justified. OP is also liable to pay the cost of litigation as Complainant was compelled to file this case.
Hence
ORDERED
CC/232/2019 is allowed on contest. Opposite party is directed to refund sum of Rs 18408/- to the Complainant and further pay compensation of Rs 40000/- within 60 days from this date. OP shall also pay Rs 10000/- towards cost of litigation to the Complainant within the aforesaid period of 60 days, in default of payment, entire sum shall carry interest @ 8% p.a till its reailisation.
