Complaints filed on: 02-01-2023
Disposed on:14-02-2023
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
#201, 202, 1st Floor, Indian Red Cross Building Complex,
Ashoka Road, Tumakuru-572 101.
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
P R E S E N T
SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
CONSUMER COMPLAINT No. 01 OF 2023
1. Mohammed Nazimuddin S/o Nazeer Ahamed,
Aged about 36 years, Residing at Ismail Nagara,
Banashankari 2nd Stage, Tumakuru-572 105.
2. Asmathunnisa W/o Mohammed Nazimuddin,
Aged about 36 years, R/at Ismail Nagara,
Banashankari 2nd Stage, Tumakuru-572 105.
3. Nyamath Bi W/o Habeeb Jan Major,
R/at Akkiampura Village, Holavanahalli Hobli,
Koratagere Taluk, Tumakuru District,
Now R/at Ismail Nagara, Banashankari 2nd Stage,
Tumakuru-572 105.
4. Mumtaz Khan S/o Wasi Khan
Aged about 36 years, Residing at
Ismail Nagara, Banashankari 2nd Stage,
Tumakuru-572 105.
……….Complainant/s
(By Sri. Kaleemulla, Adv.,)
V/s
Foiroz S/o Mhammed Hafeez
Aged about 48 years, Agent of A1 Malik-Tours
International Shop No.1, Near Essra Shadhi Mahal,
Sadashiva Nagara, Melekote Road, Tumakuru.
ORDER ON ADMISSION
SMT.NIVEDITA RAVISH, LADY MEMBER
This complaint is filed by the complainants Under Section 35 of Consumer Protection Act 2019, against the Opposite Party to pay/refund 50% of amount out of 97,500=00 per each complainant in total Rs.3,90,000=00 collected by the Opposite party (hereinafter called as OP). And to direct the OP to pay compensation of Rs.3,000=00 and litigation cost of Rs.3,000=00 to each complainant.
2. It is the case of the complainants, that the OP is the agent of the travelling agency. i.e., Al-Malika Tours International which is situated at Tumakur and doing business of Tourism and also arranges the tours for pilgrims for Haj, UMARA to Mecca and Madina. The complainants were approached the OP to go to UMARA to Mecca-Madina and OP has also agreed to send the complainants to Mecca and Madina by air way, as for cost of Rs.97,500=00 to each complainants. The complainants have paid total amount of Rs.3,90,000=00 to the OP through cash and bank transaction. But OP has not properly arranged the tour plan as they agreed and not provided proper facilities like food, residential facility, direct flight facilities as agreed by the OP. OP has breached the promise, thereby complainants have faced the great risk and problems while in UMARA period. Hence this complaint.
3. We have heard the arguments of counsel for complainants on the admission of the complaint and the point that would arise for our determination is as under:.
Whether there is merit in the complaint to admit the complaint.
and our finding on the above point is in the Negative for the following:
:REASONS:
4. The counsel for the complainants argued that the complainants have approached to OP, to go to UMARA to Mecca and Madina in Saudi Arabia. OP has accepted to sent them to Mecca and Maddina and OP has promised to arrange travelling through air way from Bengalore i.e., Kempegowda Air Port to Jeddha directly. But OP has breached his promise and arrange the flight from Bengalore to Jeddha through Sharja. The complainant has produced the reservation confirmed copy which is reveals that, the ticket will be confirmed to go to Jeddha from Bangalore via Sharjah. The same document is not reflecting the fare/cost of flight from Bangalore to Jeddha via Sharjah and it is reflecting date of booking was 8 October 2022, date of issue 10.10.2022. Complainants have booked the ticket for 16.10.2022. These dates are showing that, the tickets were booked before 10 days from the date when the complainant taking board from the Bengalore and same is reveals that, complainants were well aware about the flight route which was arranged by the OP. The complainants have not produced any documents to show that, they were raised the objection with the OP about flight route when the flight tickets were booked.
5. The counsel for the complainants submitted that, when the complainants reached Jeddha air port, the OP has not provided separate room to the complainant no.4, who is not family member of the Complainant No.1 to 3 and OP has not provided the separate bed to Complainant No.4. Further, counsel for complainants submitted that, OP has told to join the beds and adjust with the same room which was provided for Complainants No.1 to 3. Further counsel for the complainants argued that OP has failed to arrange the bus facility from Madina to Jeddha while returning from Madina to Jeddha and complainants faced the problem for travelling from Madina to Riyadh Air Port. The complainants travelled by bus from Madina to Riyadh Air Port for 10 hours on 30.10.2022. Further counsel for the complainants has argued that, OP has not arranged dinner in Riyadh no food provided in flight and OP has not provided 3 times meals as he agreed. Further counsel for complainants submitted that, OP has not arranged the Zam Zam water for the complainants. But the complainants are not produced any document to show that, the OP has been agreed/promised to provide room/boarding facilities, arrangement of bus from Madina to Jeddha or Riyadh, to arrange 3 time meals in flight, dinner in Riyadh or to provide zam zam water to the complainants.
6. Section 2(11) of Consumer Protection Act 2019, defines the “deficiency” to mean
"deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—
(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and
(ii) deliberate withholding of relevant information by such person to the consumer;
As per the above section, it is the liability of the complainants to prove the allegations of short coming, inadequacy, fault, imperfection of performance in the service of the OP. The agreed terms and conditions between the complainants and OP itself is the base to prove the deficiency in service of OP, but it was not produced by the complainants.
7. Complainants are only produced the following documents,
1) Copy of the legal notice.
2) Xerox copy of statement of account.
3) Copy of the UPI transaction.
4) Xerox copy of the E-Tickets.
5) Reservation confirmed copy (Air Arbia)
6) Copy of Postal Track.
7) Receipt of RPAD.
These documents produced by the complainants are establishes that, paid amount by the complainants to OP, Ticket arrangement from Bangalore to Jeddha Via Sharjah and Riyadh to Bangalore by connecting flight from Hyderabad. But these documents are not establishing the terms and conditions between the complainants and OP regarding arrangements agreed for travelling/transport, food, boarding facilities and to providing zam zam water in the time of UMARA to Mecca and Madina. Hence we do not find any merits in the complaint and any deficiency in service on the part of OP. Hence the complaint is liable to be dismissed. Accordingly we pass the following:
:O R D E R:
The complaint is dismissed at the stage of the admission.
