Date of Filing:04/03/2011
Date of Order:20/04/2011
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 20th DAY OF APRIL 2011
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT
SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
COMPLAINT NO.453 OF 2011
P. Bharat Bhushan,
S/o. Shri. P. Prasad Raju,
Aged About 34 years,
Occupation: Engineer,
Flat No.204, J.J. Apartments,
4th A Main Road, Kalyan Nagar,
Bangalore-560 072. …. Complainant.
V/s
The Manager,
Indian Railway Catering & Tourism
Corporation Limited (IRCTC),
Regional Office, No.2/2. C.B. Royale
Building, Dr. Raj Kumar Road,
Rajajinagar, Bangalore-560 010. …. Opposite Party.
BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT
-: ORDER:-
The complainant had filed this complaint U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to pay Rs.70,000/- and Rs.10,500/- as compensation on the following allegations:-
The complainant had booked on 27.09.2010 with the opposite party the package tour of 3 nights/4 days in the Economy type for Bengaluru – Shirdi – Shani Shainganapur – Bengaluru for 7 persons including three Senior Citizens, conducted by the opposite party under their slogan “Feast to Sai Devotees”. The computer generated Special Package Booking Details bearing transaction ID: 0000004219 with a information “Please call 72 hours before journey time to know about your coach no., seat nos. & train no. etc.,.” As per the instructions in the Special Package Booking Details letter, 72 hours before journey complainant had called the opposite party to know the details of coach, seat numbers and train numbers and he was told the same will be know one day prior to journey thus no information was given. The Package Tariff for Economy class i.e. Sleeper Class rate per person on Twin Sharing in hotel is Rs.2,950/- and rate per person on triple Sharing in hotel is Rs.2760/-. As we are 7 adult members opted for two rooms on twin sharing basis and one room on triple sharing basis. The Package Tariff on twin sharing basis per person is Rs.2,950/- * 4 persons = Rs.11,800/- and on triple sharing basis per person is Rs.2,760/- * 3 persons = Rs.8,280/- and the total amount paid by me is Rs.20,080/- as shown in the Annexure-I. The package tour as per their brochure includes a) Confirmed Rail Journey Tickets in Sleeper b) On & Off Board Dinner & Breakfast c) Road Transport d) Accommodation (Budget accommodation – Non A/c for Economy) e) Dinner, Breakfast, Lunch for onward (on fixed Menu Veg. only), f) Dinner, Breakfast for return journey on train (on fixed Menu Veg. food only) g) Off Board Dinner & Morning breakfast at the restaurant (on fixed Menu Veg. only) h) All applicable taxes for above services. The slogans added to above tour is COMFORT, CONVENIENCE, COST EFFECTIVE. In their reply notice the opposite party is admitted that the broachure is an out dated one given to me on my insistence for contact number is an after thought and a cover up act on their part. This proves the deficiency of service on their part. Their claim is without any substance. I was, in fact given a visiting card of Mr. B. Sashidhar, Asst. Supervisor/Tourism by himself which includes details of their office address and telephone numbers. Hence, the opposite party claim of having given the brochure is without any basis and substance.
3. I was told at the time of booking the tour on 24.09.2010 to collect the tickets 24 hours before journey. So I had visited the office personally on the afternoon on 25.11.2010, I was told that the tickets will be handed over on the day of journey, i.e. 26.11.2010 at 6.00 pm at the city railway station, Bangalore City. The Schedule Departure time of the train was 7.20 pm. However, on reminding the person at the office that the ticket will be handed over to me 1 day in advance, he asked me to collect the same in the evening, causing me the inconvenience of visiting the office again. The office handed over to me a Railway Tour Voucher with package code No.SBR 001 leaving PNR column blank to get filled by us.
4. And also the opposite party handed over the journey tickets bearing nos.44192421 & 2422 and 44196130 & 6131 booked by the IRCTC on 24.11.2010 and 25.11.2010 with PQML without mentioning the coach number or confirmed seat numbers. Subsequently the coach and seat numbers were hand written shows that the tickets were not confirmed 48 hours before journey.
5. Any package tour will have a guide. Here no guide was accompanied us and we were left to fend ourselves and so we have boarded the train on 26.11.2010.
6. The opposite party promised through its brochure that the Dinner, Breakfast, Lunch for onward (on fixed Menu Veg. only) will be served and the cost of the package includes it. To our shock and surprise, having waited for the food to be served, on enquiry with the pantry manager, we were told that the supply of food is stopped from 01.08.2010 onwards and the package does not include. Hence, we have to buy food by paying separately. This is a deficiency of service on the part of the opposite party as they have not kept up their promise made in the brochure. We have not been informed this and as 3 senior citizens are accompanying us and we have not brought food from home, there is no other go than buying the Dinner, breakfast and lunch.
7. After shifting to hotel and visited the Holy Shrine of Shri Sai Baba in the evening. The dinner served on 27th at Hotel Eshosans Palace, Shirdi was very awful and food was stale and no body to complaint about. In their reply notice the opposite party said Quote “at the very same time you were clearly advised in no uncertain terms about the changes, especially the fact that there shall not be any off board dinner & break-fast”. Unquote. Then why the dinner was served at Hotel Eshosans Palace, Shirdi. So also your claim of having served the break-fast is contradicting their statement in the reply notice that no dinner or break fast will be served off board. And we were told that at the counter of the hotel that as there are no cooks are available no breakfast will be given at hotel next day. Again we were made to look for breakfast on 28th morning and we have been made to pay for the same, thus again breach of promise made in the brochure from the opposite party and resulted into deficiency of service. The opposite party claim that later we visited another restaurant for different variety of good is their after thought and figment of imagination without any substance. The break-fast bill no.2123 dated: 28.11.2010 of Sai Village, Restaurant, Shirdi for Rs.239/- was paid by me.
8. Next day we were taken to Shani Singhnapur and we have been made to pay by the driver of the opposite party Rs.2/- per person as entrance fee vide receipt nos. from 12509 to 12515 costing Rs.14/- which was to be borne by the opposite party. Again this is in contravention to the package terms given to us is a case of deficiency of service.
9. On return journey, the train no.2628 was late by about 3½ hours late and the opposite party being the enterprise of the Railways did not choose to inform, instead we have been brought to the Kopergaon station at 3.00 pm and dumped there to fetch ourselves. Had the opposite party is concerned about the comfort of its tourists, they would not have dumped us at the station 3½ hours early. The opposite party in their reply notice say that the running late of the train is no way connected to IRCTC. IRCTC being the Enterprise of the Railways would have taken care of the comfort and convenience of the passengers and made enquiries with the concerned station about the right time of arrival of the train to match their so called concern of passengers comfort and convenience, without putting any extra effort.
10. On The return journey also the same saga continues no food and breakfast as promised in the brochure and we were left to fend to ourselves. Once bitten, twice shy. So, we felt the heat in the onward journey by not supplying the food to us as promised, hence we made our food arrangements by buying packed food for dinner at Shirdi itself from hotel of one Shri. D.S. Bisht spending Rs.280/-.
11. Next day also on board we have bought the break-fast and coffee for seven members by paying Rs.210/-, for which we could not get receipt.
12. The entire tour, so boasted by the opposite party, is mismanaged and unprofessional causing lot of inconvenience to the entire package tour members making all the members to ill-remember the same.
13. In view of the above, I got issued a legal notice to the opposite party on 06.12.2010 under registered post bearing no. RLAD A 4206 dated: 08.12.2010 and the same was acknowledge by them.
14. A reply dated: 30.12.2010 to the notice is received from the opposite party denying the allegations made by us taking protection under flimsy grounds. The averments made in the reply notice are routine denials by the opposite party without substance and most of them are a cover up act.
15. In view of the facilities promised but same are deprived, hence, there is a total deficiency of service causing lot of mental agony and mental harassment for which the opposite party is liable to Rs.70,000/- as damages in addition to reimbursement of the extra cost of dinner, lunch and break-fast incurred by us and compensation of Rs.10,500/-.
16. In brief the version of the opposite party are:-
The opposite party has been conducting regular rail packages from Bangalore to various destinations including Shirdi. The Voucher no.0000004219 was issued to the complainant with all booking details at the time of booking the package. The said Voucher produced as Annexure-I by the complainant himself given the following details:-
- Please refer to chart for seat/coach number
(b) The reservation voucher is only a confirmation against your booking of rail tour package. IRCTC’s regional office will contact you regarding the railway ticket and hotel confirmation.
(c) This voucher is not a valid document to travel in train, IRCTC executive will contact you at boarding station and hand you over valid travel documents. In case, you do not receive a call, kindly get in touch with IRCTC offices with respect to your boarding station.
(d) Please call 72 hours before journey time to know about your coach number, seat number and train number, etc.,.
17. As per this Voucher, the train tickets for the journey is handed over to the passengers on the day of travelling from the opposite party’s Tourist Facilitation Center located in the city railway station which is the boarding point for the passengers travelling in the tour packages conducted by IRCTC. This is done for the convenience of the passengers so that they need not make a separate visit to the office of the opposite party for collecting tickets. Moreover, the opposite party is taking the responsibility of the safe custody of the travelling tickets till it is handed over to the passengers. All the tourists who have travelled on the package tours of the opposite party have appreciated this practice. In this case, the tickets were kept ready at the Tourist Facilitation Centre at Bangalore City Railway Station and the complainant had to pick up the tickets from this centre. Instead of collecting the tickets from the Tourist Facilitation Centre at the City Railway Station, the complainant chose to go to the Regional Office of the opposite party.
18. All the allegations made in paragraph 4 except the package tariff are wrong, misconceived and erroneous and hence it is emphatically denied. The concerned official brought the fact to the complainant that changes have been made to the packages and the new brochure was under printing and unavailable on that date. Even then, the complainant insisted on taking the brochure, though it was an outdated one, only for the contact numbers of the office of the opposite party. The opposite party advised the complainant to check up online, the website of the opposite party as the entire current details of the trip, including the itinerary, inclusions and exclusions of the trip was uploaded in it. The complainant is only trying to twist the facts to mislead this Honorable court for his personal gain. It was further informed that there shall not be any meals provided on the train which was reflected in the new Brochure. The package facilities were changed with effect from 11th August 2010.
19. The averments in paragraph 5 that the complainant was informed at the time of booking the tour to collect the tickets 24 hours before journey are totally false and baseless and the complainant is put to strict proof of the same. The voucher produced as Annexure-I by the complainant gives all the details mentioned above which are self explanatory. Inspite of this, the complainant visited the Regional Office of the opposite party without prior intimation to collect the tickets. A special envoy was sent from the Regional office to collect the tickets which was kept at Tourism counter at Railway station and the same was handed over along with the voucher to the complainant in the Regional office as the opposite party believes in serving the customers effectively and has taken extra efforts in this case. Hence, there has been no lapse on the part of the opposite party.
20. Indian Railway have blocked the berths for IRCTC for conducting package tours like the Shirdi tour. The procedure for booking tickets is as below:-
(1) Purchase normal reservation ticket from the counter (the normal status at the time of booking of ticket will be printed on the ticket).
(2) The ticket is then taken for assigning the berths against the blocking. The seat numbers are fixed for all trips in the blocking.
(3) The names of passengers are fed in the system only at the time of assigning the berths against the blocking and the same will be featured in the passenger name list published by railways.
(4) Thus the tickets given by IRCTC is confirmed at the beginning itself. IRCTC is only following the procedure laid down by railways.
The opposite party has already blocked seats/berths in a particular coach for its customers travelling on their package tours and the allegations made in paragraph 6 that the tickets were not confirmed 48 hours before journey is absolutely false. IRCTC is having confirmed blocking of berths in the train and the names are manually fed into the railway reservation system on the allotted quota after the purchase of normal tickets. The complainant was provided with confirmed berths for both onward and return journey in the allotted berths for the package itself.
21. The allegations in paragraph-7 that the services of a guide were not provided by the opposite party is not correct as it was never a part of the package and the complainant was well aware of this fact when he booked the tickets. The old brochure does not mention the services of any guide in the package tours conducted by the opposite party and there is a specific mention in the new brochure that the package excludes the services of the guide on the package tours of the opposite party and the same may be kindly noted.
22. The allegations in paragraph-8 is totally false and incorrect and it is vehemently denied by the opposite party. As mentioned earlier, it was clearly brought to the notice of the complainant that meals would not be provided on the train as per the current package.
23. The allegations in paragraph-9 is false and the complainant is twisting and misrepresenting the facts to mislead this Hon’ble court. The allegations made about the quality of food served to the complainant at Hotel Eshosands Palace on 27th November 2010 was awful is specifically denied herewith. The breakfast on 27th November 2010 was provided by the opposite party to the complainant which was served in a restaurant, 2 buildings away from the hotel where the accommodation was provided for the complainant in Shirdi. The complainant had breakfast from this restaurant and later visited another restaurant for having different variety of food which was not a part of the package and hence the opposite party is not liable to refund the amount spent by the complainant. It is further mentioned that the quality of food served in the said restaurant has been of good quality and the complainant is put to strict proof of the same. There has been no complaints so far with respect to the food provided by the opposite party on the said package tour.
24. As regards the allegations made in paragraph 10, the package tour does not include the entrance charges of Rs.2/- per person which is being collected at the Shani Shingnapura temple and the opposite party denies the charges of deficiency in service made by the complainant.
25. As regards the allegations made in paragraph-11, the late running of the train is no way connected to the opposite party as the train operations is directly undertaken by the railways. The trains runs late due to reasons beyond the control of the Indian Railways and the opposite party. But, the opposite party has kept up the commitment by dropping the complainant at the Kopergoan Railway Station at the designated/schedule time for the return journey to Bangalore.
26. The allegations made in paragraph 12 and 13 is not within the knowledge of the opposite party.
27. The allegations in paragraph-14 is vehemently denied as false and baseless. The opposite party reiterates that all the facilities offered in this package have been fulfilled to the perfection. The Shirdi package of the opposite party was launched and is in operation for more than 3 years now.
28. As on 31st March 2011, more than 1939 passengers have travelled so far from 1st March 2010 and 1403 passengers on the new package from 11 August 2010 on the package tour to Shirdi. The passengers are happy and satisfied about the arrangements made by the opposite party and there have been no complaints with regard to the arrangements made by the opposite party so far. The package tours conducted by the opposite party are running very successfully since inception. Hence, the allegation of the complainant that the tour was mismanaged, ill-equipped and unprofessional is hereby denied.
29. The complainant claims an amount of Rs.70,000/- as damages in addition to the reimbursement of the extra cost of dinner, lunch and breakfast incurred by them, compensation of Rs.10,500/- and legal expenses of Rs.5,000/- being the cost of legal notice and expense of filing this complaint is highly exorbitant and without any basis. The complainant is claiming a huge amount without substantiating. In fact, the complainant has to pay all the expenses incurred by the opposite party for the unnecessary litigation which has been forced on the opposite party by the complainant along with exemplary costs.
30. To substantiate the respective cases the parties have filed their affidavits and documents. The complainant has filed the written arguments. The arguments were heard.
31. The points that arise for our consideration are:-
:- POINTS:-
- Whether there is any deficiency in service on the part of the opposite party?
- What Order?
32. Our findings are:-
Point (A) : In the Positive
Point (B) : As per the final Order
for the following:-
-:REASONS:-
Point A & B:-
33. Reading the pleadings in conjunction with the evidence both oral and documentary it is an admitted fact that the opposite party were conducted Bangalore – Shirdi – Shani Shinganapur – Bangalore package tour. It is the Government Of India Enterprise under the Ministry of Railways. It is also an admitted fact that the complainant had booked seven tickets in the said tour on 27.09.2010 and the tour to commence on 26.11.2010 by paying certain amounts and the complainant after completing the pilgrimage tour at Shirdi and Shani Shinganapur they have returned in the train and reached Bangalore these are all admitted. The first deficiency in service the complainant alleged is that the tickets with seat numbers were not given to them earlier and it is a deficiency in service. The complainant himself has produced the voucher at Annexure-I. According to that the train tickets for the journey will be handed over to the passengers on the date of travelling from the Tourist facilitation Centre located in the city railway station at Bangalore, which is the boarding point for the passengers travelling. Accordingly the complainant or any person need not make a separate visit to the opposite party. It is the responsibility of the opposite party of the safe-custody of the travelling ticket till it is handed over to the passengers. The tickets will kept in the Tourist facilitation Centre and it has been collected by the complainant and there is no deficiency in service in this regard.
34. In the voucher it is also mentioned that this reservation voucher is only a confirmation against the booking and seat number will be provided in the chart and it is not the case of the complainant that they were not provided seats or berths in the train. It has been provided to them and they have travelled in the seats and berth in the train both onward and return journey. The opposite party had blocked the seats and berths in a particular coach for customers travelling in the package tour and in the said compartment large number of pilgrims have travelled and they will provided with the seats and berths. Hence there cannot be any deficiency in service in this regard.
35. The other deficiency alleged is regarding non-supply of food in the onward journey and in the return journey in the train and it is an admitted fact that the complainants have purchased their food in the onward journey and return journey in the train. The complainants have alleged that in the Brochure it has mentioned that free food will be provided in the return and in the onward journey and that has not been complied. The opposite party has clearly stated that this was an old Brochure this was deleted with effect from 11.08.2010 and the complainant insisted the old brochure for the sake of taking the telephone numbers, hence it was given to them and new brochures were printing at that time and it is also published in the website of the opposite party. The said statements of the opposite party is fully corroborated from the copy of the new brochure copy and the old brochure copy and the order of the opposite party. That means from 01.08.2010 the opposite party had stopped free food in the onward journey and in the return journey in the railway and the complainants had to purchase their food who are travelling after 01.08.2010. Here the complainants had booked their tickets in September and they were travelled in November. Hence this old brochure is not applicable to the tour program of the complainants. The complainants have taken the old brochure and filed a false case as rightly contended. There was a new brochure and new tour program submitted in the website. Hence it cannot be termed as deficiency in service.
36. The other deficiency alleged by the complainant is that the train came late at some places. How can the opposite party is responsible for the train coming late or starting late? Opposite party is not the railways. Opposite party is a tour performers they have booked the train tickets, they have contacted the tour as to be performed by the complainant and the pilgrims. If the train comes late the remedy for the complainant is to approach railways and if it caused any inconvenience it is for the complainant to approach railway authorities and not the opposite party. For various reasons the train comes late and starts late for which the opposite party cannot be held responsible.
37. The other deficiency alleged is that at hotel Eshosands Palace at Shirdi some food has been served which was stale. There is no material for it. No other pilgrims have filed an affidavit how the food was harmful or bad is not stated. The complainant has gone to another hotel and tasted different food it does not mean that the food served here is bad. The complainants were served break-fast as stated by the opposite party. There is no material to show that no break-fast is served.
38. The other contention of the complainant is that there was no guide attached to the tour. The brochure does not stats of any guide has been provided is one of the conditions attached. Whey the guide is required to go to Shirdi or Shani Shinganapur. It is seeing the shrine of Shirdi or Shani Shinganapur for which no guide is required. Hence it cannot be held deficiency in service.
39. Further it is an admitted fact that at Shani Singhnapur the temple authority has collected Rs.2/- as entrance fee per head from the complainant. This cannot be termed as deficiency in service. If some other authority orders payment of some money it is for the complainant to pay or not to pay to see or not to see that place. He cannot blame the opposite party in this regard. The opposite party has taken them to Shirdi and Shani Shinganapur that’s all. If the complainant does not want to see the davit it is for him if he want to perform pooja he must pay for it. That cannot be blamed on the opposite party. If the complainant performs pooja by paying his own money can we ask the opposite party pay for it. Similarly if the temple authorities charges Rs.2/- as entrance fees the complainant has to pay for it. Hence it cannot be a deficiency in service.
40. The complainant has cited:
(1) II (2010) CPJ 225 (NC)
(2) I (2011) CPJ 237
(3) II(2010) CPJ 8
(4) I (2011) CPJ 202
(5) I (2011) CPJ 144
(6) I (2011) CPJ 13 (NC).
None of these decisions are applicable to the facts and circumstance of this case. There is no dispute about the proposition of law laid down there in. Discussing each and every aspect and discrepancy it will only burden the records that all. Regulation 18(5) of the Consumer Protection Regulation 2005 prohibits from unnecessarily quoting from the judgment of the highly courts in the order also. Hence we hold the above points accordingly and proceed to pass the following:-
-: ORDER:-
- The Complaint is Dismissed.
2. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
3. Send a copy of this order to both parties free of costs, immediately.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 20th Day of April 2011)
MEMBER MEMBER PRESIDENT
