BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 10^TH DAY OF MARCH 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Allow this complaint
2. Direct the Ops to withdraw the cancellation notices (vide annexure F1 to F12 and confirm the seva tickets (as detailed in Annexure A to E) in favour of the complainant and allocate the same on the available dates in the near future.
3. Pass such other orders.

2. The case set up by the complainant in brief is as under:-

It is the case of the complainant that he is a true devotee of Lord Balaji.  From the last 25 years he is regularly visiting Lord Balaji Temple at Tirupati, Andra Pradesh with his aged parents and family members.  The OP1 is the administrative office of Lord Balaji Temple at Tirupati and OP2 is the branch office of the OP1 operating from Bangalore.  Every devotee has to /should buy the Darshan tickets and seva tickets to have darshan of Lord Balaji Temple at Tirupati from either of the Ops.  Advance booking facilities of Darshan tickets and seva tickets would be provided by the Ops to the devotees on payment of specified charges.  

3. It is further case of the complainant that in order to avoid the crowd to his aged parents and to have peaceful darshan he used to book darshan and seva tickets in advance.  He had approached the OP2 and had booked advance seva tickets to have special darshan of lord Balaji along with his family.  The OP2 had directed him to fill the advance seva tickets booking form and received the ticket amount of Rs.6,700/- by way of demand draft and allocated four different seva tickets to have special darshan of lord Balaji and different auspicious dates.

4. It is further case of the complainant that after booking of the tickets he has waited for more than 12 years.  He being an employee of a private firm with low salary was very excited to take his parents and family members to Balaji Sannidhanam.  The desired seva tickets were allocated by the Ops in favour of the complainant and had sent the same to him through post.

5. It is further case of the complainant that he is not a VVIP or influential fellow to take or to participate in the Lord Balaji’s above said special sevas or poojas. He is an ordinary man wants to have special darshan through the above said seva tickets every year legally.  As we are all well aware that the Tirupati Balaji Temple is always filled with crowd and it is difficult for an ordinary citizen to have special seva/darshan of lord Balaji.  To his shock and surprise the OP1 had cancelled the above said seva tickets due to covid 19 guidelines and had sent the letter to that effect.  The complainant has issued a suitable reply to the OP1 for the ticket cancellation notices wherein he had very respectfully requested the OP1 to allot the same seva tickets in any near future dates instead of cancelling the seva tickets.  

6. It is further case of the complainant that the Ops were failed to heed to his request and reallocate the seva tickets or to respond to his tickets till date even after receipt of his reply letters.  The acts of the Ops are clearly shows their negligence and deficiency of service. The Ops have been deficient in rendering services to the devotees of Srivari by not confirming the seva tickets as promised to the complainant, thereby causing mental agony and hardship.

7. The actions of the Ops have been to deceive and make unlawful gain at the cost of the complainant. The Ops have been deficient in providing service as they have done nothing to set right the deficiency and it resulting in mental agony harassment and financial loss to the complainant. The Ops have enjoyed the interest on the monies collected from this complainant all along thus unjustly enriching itself at the cost of the others.  Hence the complainant has filed this complaint to direct the Ops to confirm the same seva tickets on any available dates in the near future within six months.

8. In response to the notice, OP appears and files version.  It is the case of the OP that the complaint is not at all maintainable and there is no relationship between the complainant and the Ops as consumer and service provider as defined in the C.P. Act 2019.  The Ops are the part of administration of TTD trust board and they are only facilitators in this regard. The TTD being a Hindu religious institution being maintained and administered by TTD and the activities of the Ops are neither a trade or business nor they make any profit out of such administration.  There is no absolutely consumer and service provider relationship between the complainant and the Ops.  The relationship between the diatee and devotee/pilgrim is purely divine and what they offer to swamy is seva with all dedication and Ops only ensure that there is no mad rush at the temple and has implemented various restrictions for orderly visit of devotees/pilgrim in the temple and this is not any kind of services.

9. It is further case of the OP that the complainant might have approached the OP2 and have booked seva tickets in advance but there is no direction by the OP in this regard to the complainant but only a formal requirement to be done by any devotee who wants to book advance seva tickets to fill such form.  The issuance of such seva tickets in advance was always subject to various terms and conditions including cancellation of the same as per the decision of the board.

10. It is further case of the OP that the entire globe was gripped by covid 19 during 2020 and 2021 and as a precautionary measure to avoid spread of virus various restrictions were imposed by the government.  In furtherance of such restrictions, the TTD has taken decision to cancel such seva booked by the devotees in advance of which dates false under such covid 19 times and had communicated the same.  The complainant being one such devotee who had booked such seva in advance was also informed in this regard. It was made clear to all such devotees who had made advance bookings of seva that they can either take refund of the amount paid for such seva or take break darshan. The complainant orally requested the OP2 to allocate the same seva under the same tickets in future dates are all false.

11. It is further case of the OP that they have already communicated to the complainant that the seva booked by him is cancelled due to covid 19 question of reallocate the same seva under the same tickets in future dates was not possible and hence they had not replied.  More so the seva tickets for future dates are already booked by various devotee including the complainant who has booked for similar seva on various future dates, which is covered till 2033.  The Ops cannot stall such devotees and accommodate the complainant. Terming the same as unfair trade practice and deficiency in service by the complainant is uncalled for.  The Ops are not involved in any kind of trade and are rendering any services as per section 2(47) of the C.P. Act.  It cannot be termed that the facilities made by the Ops to the complainant as trade and services and question of holding the Ops guilty of unfair trade practice and deficiency of service will not at all arise at all.  In view of the clear communication made by the Ops to the complainant to collect the refund of the tickets as admitted by the complainant himself.  The complainant terming the same as unjustly enriching itself at the cost of the complainant is again uncalled for and unbecoming of a devotee of lord Venkateshwara swamy. There is no question of mental agony and harassment and financial loss to the complainant as he has not done any kind of business with the OP.

12. It is further case of the OP that all the sevas in Srivari temple at Tirumala took place in Ekantham from 20.03.2020 to 31.03.2022 due to the guidelines issued by the state and central government in order to prevent spread of covid 19 virus and to safeguard health of devotees of lord venkateshwara swamy due to it TTD board had taken a decision by requesting all the devotees who booked in advance seva tickets to utilize to VIP break darshan or to claim refund. Many devotees utilized the said request and some not utilized both options.  This OP are always ready to refund the amount paid by the complainant towards advance booking of seva tickets.  Cancellation of advance booking tickets was done due to act of GOD and guidelines issued by the state and central governments and in the interest and to safeguard, safety and health of devotees of lord Venkateshwara Swamy only.

13. It is further case of the OP that it is not possible to consider the request of the complainant to provide the same seva in near future as the seva tickets are booked by the devotees upto to 2050 and due to lack of space in sanctum and sanctorum of lord Sri.Venkateshwara swamy temple to accommodate more members of the devotes. Therefore the complaint itself is not maintainable and complainant is not entitle for any prayers made in the complaint and the complaint of the complainant is to be dismissed. Hence prayed for dismissal of the complaint.

14. The complainant has filed his affidavit evidence and relies on 04 documents.  Affidavit evidence of OP has been filed and OP relies on 11 documents.

15. Heard the arguments of advocate for both the parties.  Perused the written arguments.

16. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

17. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

18. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, version, affidavit evidence with documents and written arguments.

19. It is the case of the complainant that he is a true devotee of Lord Balaji and he is regularly visiting Balaji Temple at Tirupati Andhra Pradesh along with his aged parents and family members.  He has approached the OP2 and had booked advance seva tickets to have special darshana of Lord Balalji with his family in the year 2006 and 2008 respectively.  He has produced the darshan tickets as Ex.P1.  The complainant has paid totally an amount of Rs.8,200/- by way of DD on different dates towards advance seva tickets and allocated four different seva tickets to have the special darshan of lord balaji on different auspicious future dates.  As per Ex.P1 the complainant has booked the ticket for the seva Poorabhishekam on 09.04.2006 and the date was allocated for seva/darshan on 16.04.2021 and he has also booked another ticket for same seva Poorabhishekam on 29.06.2006 and the date allocated for seva on 20.03.2020 and he has booked another ticket for Poorabhishekam on 08.10.2006 and date allocated for seva on 04.03.2022 and he has booked another ticket on 26.09.2008 for Thomalaseva and date allocated on 08.07.2020 and he has further booked another ticket on 07.01.2009 for Archana seva and date allocated for the seva on 10.08.2021.  

20. The complainant and his family members have waited for more than 12 years to have darshan of lord balaji under the above mentioned Ex.P1 seva tickets.  The OP2 has collected the total amount of Rs.8,200/- on behalf of OP1.

21. The complainant to his shock and surprise the OP1 instead of postponing the darshan had cancelled the seva tickets booked by the complainant as Ex.P1 due to covid 19 guidelines and had sent the cancellation letter as per Ex.P2 on 08.09.2021.  After that the complainant immediately approached the Op2 and orally requested them to allocate same seva under the same tickets in any future dates on the postponed available dates since the complainant and his family members were waiting for more than 12 years from the date of first booking.

22. The OP2 literally failed to give any response for the request of the complainant but he has advised the complainant to approach Op1. After that the complainant has sent suitable reply to the OP1 for the ticket cancellation notices and respectfully requested the OP1 to reallocate the same seva tickets in any near future available dates instead of cancelling the seva tickets by sending so many letters as per ex.P3 and postal acknowledgement for having served the said request as per Ex.P4. the Ops have failed to reallocate the seva tickets or to respond to the request of the complainant till the date of filing complaint even after receipt of the reply letters as Ex.P3 sent by the complainant for the reasons best known to them. Under these circumstances the complainant had approached this Commission alleging deficiency of service and unfair trade practice on the part of the OP.

23. The Ops have appeared before this Commission led their evidence.  They have taken the contention that the complainant is not a consumer and the facilities provided by the Ops cannot be considered as service to the consumer as defined in the C.P. Act 2019.  They have specifically denied that they have committed deficiency in service and unfair trade practice on their part and they are not rendering any services according to sec 2(47) of the C.P. Act.

24. It is also the contention taken by the Ops that the TTDs reserve the right of cancellation of seva under any special circumstances. Due to covid 19 the Ops made resolution as per Ex.R10 and they have cancelled the tickets in question due to special circumstances. There is no deficiency of service and the complaint is not at all maintainable. 
25. It is their specific reply that all sevas in the temple took place in Ekantam from 20.03.2020 to 31.03.2022 due to the guidelines issued by state and central government in order to prevent spread of covid 19 virus and to safeguard health of devotees of lord venkateshwara swamy.  Due to it the TTD has taken the decision by requesting all devoties who booked in advance seva tickets to utilize as VVIP break darshan or to claim refund. Many of the devoties utilized the said request and some not utilized both options.  This OP is always ready to refund the amount paid by the complainant towards advance booking of seva tickets.  Cancellatio of advance booking ticket was done due to act of god and guidelines issued by state and central government and in the interest and to safe guard safety and health of devotees of lord venkateshwaraswamy only.  It is impossible to consider the request of the complainant to provide the same seva in near future as the seva tickets are booked by the devotees upto 2050 and to lack space in sanctum sanctorm of lord sri.venkateshwara swamy temple to accommodate more member of devotees.  

26. In support of their contention they have produced the copy of the office counter file tickets as Ex.R1 to R3 and the letter issued by them to the complainant as per Ex.R4 to R9 and the resolution and the proceedings in their board as per Ex.R10 to 11.  

27. It is clear from the Ex.R1 to R3 and the same tickets produced by the complainant as Ex.P1 the five tickets for having booked the advance tickets from the year 2006 to 2008. The complainant has paid a total amount of Rs.8,200/- towards seva. Under these circumstances, it is clear that the seva has been booked from the year 2006 and the temple authorities have allotted date for seva to the complainant in the year 2020 till august 2022. Under these circumstances, it is clear that the complainant had booked the ticket for seva by paying the amount and it is not a free service and hence it is clear that the complainant is a consumer and there is a relationship of consumer and the service provider exist between the complainant and OP as per Sec 2(7) of the C.P. Act 2019.

28. It is also clear from the cancellation letter issued by the OP as per Ex.P2 and also the letter produced by the OP as per Ex.R4 to R7 and also the resolutions and proceedings taken place in the TTD board as per Ex R7 to R11.  That the OP have cancelled the seva and they have also offered to the complainant to convert the seva booked by him into VIP break darshan or to get refund of the seva amount.  After that the complainant had requested the OP stating that he will not accept the choice given by the OP and also requested respectfully to allot a new date for the said seva. Inspite of sending so many reply letters as per Ex.P3 and P4 the Ops have never bother to reply to the said notices and they have not at all given any option to the complainant to book the same seva ticket for the complainant in the near future. It is clear from the evidence and the documents produced by both the parties that the complainant has paid the prescribed amount for the said seva and the OP have cancelled the said seva and they have not allowed the complainant for performing the said seva.

29. It is also clear from Ex.P1 to P4 that the complainant has been waiting for the said sevas for more than 12 years after paying the requisite amount fixed by the OP but they have not allowed to do the seva or darshan.  The very version and the contentions taken by the OP also clearly discloses that they are not ready to provide or allot any date in the near future also for performing the seva to the complainant and they will not entertain the request made by the complainant for their own reasons.  When the complainant and his family members have eagerly waited for more than 12 to 14 years to perform the seva and to have darshan of lord balaji the Ops have not allowed the complainant and his family members to avail the seva and they are not ready to accommodate the complainant and his family members for doing the seva in the near future also. In view of this the complainant and his family members have underwent mental agony and also disappointment and financial loss.

30. The OP authorities would have accommodated the complainant and his family members in the near future by allocating a date for doing seva booked by the complainant in the year 2006 and 2008.  The Ops are not at all ready to accept the request of the complainant and they are not at all allowing the complainant to do the seva even after he has waited for more than 12 to 14 years after paying the prescribed amount. Under these circumstances the Ops have committed deficiency of service and unfair trade practice on their part. Therefore the complainant is entitled for the relief claimed in the complaint.  

31. It is pertinent to note here that the complainant in this complaint is not at all claiming compensation from the OP but he has only requested this Commission to direct the Ops to withdraw the cancellation notices and to confirm the seva tickets in favour of the complainant and allocate the same on the available dates in the near future and for cost and other reliefs. When the Ops are not ready to accommodate the complainant and his family members to do the seva we feel it is necessary to compensate the complainant by awarding compensation for the disappointment and the mental agony suffered by the complainant and his family members. Under these circumstances we feel it is necessary to direct the Ops authorities to confirm the seva tickets by withdrawing the cancellation notices and to allocate the same on the available dates in the future within one year from the date of this order with prior intimation to the complainant or in the alternative to pay a sum of Rs.45 lakhs to the complainant  towards compensation for deficiency of service and mental agony caused to the complainant and to refund the amount of Rs.8,200/- the advance booking charges within 60 days from the date of receipt of this order failing which all the amount shall carry interest @ 12% p.a., from the date of this order till realization.  Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

32. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to confirm the seva tickets by withdrawing the cancellation notices and to allocate the same on the available dates in the future within one year from the date of this order with prior intimation to the complainant or in the alternative to pay a sum of Rs.45 lakhs to the complainant  towards compensation for deficiency of service and mental agony caused to the complainant and to refund the amount of Rs.8,200/- the advance booking charges within 60 days from the date of receipt of this order failing which all the amount shall carry interest @ 12% p.a., from the date of this order till realization.
3. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 10^TH day of MARCH, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;