CC No.1823.2015

Filed on 03.11.2015

Disposed on.31.07.2017

BEFORE THE III ADDITIONAL BENGALURU URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 31^st DAY OF JULY 2017

CONSUMER COMPLAINT NO.1823/2015

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                     MEMBER

                                              V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 03.11.2015 U/s 12 of the Consumer Protection Act, 1986 and praying to pay sum of Rs.8,800/- along with interest at 18% p.a. and pay damages of Rs.1,00,000/- and other reliefs. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant alleges that in the Month of June 2015, the Complainant have plan to visit Shirdi with his family members and after discussion with his family members, the Complainant approached the Opposite Party travel agency, as the Opposite Party is running a travel agency and the Opposite Party was conducting trip to Shirdi for the tourists.  The Complainant have booked tour package with the Opposite Party on 29.06.2015 in transaction ID:0001367253 of Standard package type, after the Opposite Party have agreed and confirmed to the Complainant to travel to Shirdi in Package for 3 nights and 4 days for four members and given the confirmation number 0000253239 and in which tour start date is mentioned as 06.08.2015 from Bengaluru City Station, and on the same day i.e., on 29.06.2015 the Complainant has paid sum of Rs.10,012/- to the Opposite Party for tour package.   On 06.08.2015 the Complainant and his family members left Bengaluru and reached Kopargaon Railway Station at 2.40 p.m, from there the Complainant and his family reached Saish Hotel by tempo traveler, same day night they stayed, and the next day the Complainant and his family members visited Shanishingapur in the morning at 10.00 a.m, and returned back to hotel at 1.00 p.m, had prasadam in the temple, and after that the Complainant came to know that, the train has cancelled which was supposed to arrive at 4.00 p.m by the other tour package members, then the Complainant had given call to the Indian Railway Catering & Tourism Corporation Limited, Regional Office, Bengaluru, through the Complainant cell number for further enquiry, but they are not informed about the train and further told they are not aware of that, and further assured that they are going to enquire and call back after 10 minutes, but the Complainant did not receive any phone calls.  This shows about the Opposite Party irresponsibility and inhumanity, later on enquiry with the hotel people and other tour package members it was confirmed about the train cancellation.  Since the Opposite Party not arranged any alternative facility to travel back to Bengaluru, with great difficulty the Complainant booked ticket by paying Rs.4,800/- from Pune to Bengaluru through VRL Travels and Shirdi to Pune the Complainant paid Rs.4,000/- to the private vehicle to travel.  Due to the above illegal acts of the Opposite Party, the Complainant and his family members suffered severe mental agony and tension, financial loss, and waste of high valuable time, and virtually they were in street in a unknown place the tension and mental agony can’t be compensated by way of any means, the Opposite Party have violated the contract of tour pack and there is deficiency of service from the Opposite Party, the Complainant and his family waited in the railway stations for many hours for train, but the Opposite Party have not informed anything nor cooperated with the Complainant and the Complainant suffered great difficulties to travel back to Bengaluru and this cannot be compensated by way of money and the act of the Opposite Party is highly unwarranted, and it amounts to fraud, cheating and deficiency of service.  From all the above acts of the Opposite Party, the Complainant has lost another sum of Rs.8,800/- and mental agony, financial loss, and waste of his valuable time, waiting in the railway station with his minor children’s and wife and it is very clear that, the loss of money and waste of time is part of the Opposite Party negligent and deficiency of service.  The Complainant has got issued a Legal Notice to the Opposite Party through his Counsel through RPAD, on 09.09.2015 calling upon the Opposite Party to pay a sum of Rs.8,000/- along with interest and pay damages of Rs.1,00,000/-to the Complainant within 15 days from the date of receipt of notice and the notice sent to the Opposite Party is duly served on the Opposite Party and in spite of service of Legal Notice, the Opposite Party sent a Reply Notice, but fails to comply the demand.  Hence, this complaint. 

3. In response to the notice, the Opposite Party put his appearance through his Counsel, in the version pleaded that complaint is not maintainable either in law or on facts.  The Complainant and his wife and children boarded the Train 12627 from Bengaluru on 6^th August 2015 and reached Shirdi and have enjoyed the hospitality of the Opposite Party as accepted by the Complainant.  The Complainant has very clearly accepted that the Opposite Party has made arrangements for his travel from Bengaluru to Kopargaon Railway Station and the Complainant and his family members were picked up from the Kopargaon Railway Station and taken to Saish Hotel in Shirdi where they stayed.  Further, the Complainant has stated that he and his family members were taken to Shanishingapur the next day and brought back to Shirdi Temple. There was an accident near Itarsi Junction and most of the Trains were diverted to other routes.  Similarly the train Karnataka Express No.12628 for the return journey from Shirdi to Bengaluru was diverted and would not reach Kopargaon Railway Station to enable the Complainant, his family members and other Package Tour Members to board the said Train to return to Bengaluru.  The sudden development due to this accident is beyond the control of the Opposite Party and the Opposite Party is not responsible for decisions taken by the Indian Railways.  Further, the Opposite Party reserves the right to change the itinerary subject to the time availability and schedule running of the trains.  IRCTC will not be responsible for any inconvenience caused due to any natural or social calamities.  The cancellation of the train operation is not under control of IRCTC.  In view of this sudden development, the Opposite Party official informed the Complainant and the other Members in the said Package Tour to reach Bengaluru by another Train coming from a different route to Kopargaon Railway Station in the night and the Train Fare would be reimbursed by the Opposite Party.  Accepting this, the other Passengers in the said Package Tour have travelled by another Train back to Bengaluru and the Train Fare from Kopargaon Railway Station to Bengaluru was reimbursed by the Opposite Party to the other Passengers from the same Package Tour.  The Opposite Party did not inform the Complainant about the train not reaching the Kopargaon Railway Station as per schedule and that he came to know only through his Co-Passengers at 1 pm which is reflected in paragraph No.5 and in the same paragraph No.5 the Complainant contradicts his own statement that “on enquiry with the hotel people and other tour package members it was confirmed about the train cancellation” is vehemently denied as false and incorrect.  The Opposite Party humbly submits that the Official of the Opposite Party has definitely informed that the Complainant over the phone that the Train was diverted and will not be reaching Kopargaon Railway Station to pick them up as per the schedule.  Hence, it was suggested to the Complainant that he should stay back in Shirdi and the Hotel would arrange to drop them in the night to the Kopargaon Railway Station to board another train coming from a different route, back to Bengaluru.  During the same telephonic conversation between the Complainant and the Official of the Opposite Party, the official has informed the Complainant that the Train Fare from Kopargaon to Bengaluru would be reimbursed by the Opposite Party in Bengaluru.  The Complainant failed to head to the suggestion given by the Opposite Party.  According to the Complainant stated in Paragraph No.5, he and his family members travelled in a private vehicle from Shirdi to Pune and from Pune to Bengaluru travelled by VRL Travels and the Complainant is put to strict proof of the same.  The Opposite Party called upon the Complainant to furnish his Bank Account Number to enable the Opposite Party to transfer the refund of the Train Fare of Rs.2,145/-.  But, the Complainant has failed to do so.  Even in the Reply to the Legal Notice, the Opposite Party has called upon the Complainant to either approach the Office of the Opposite Party to collect the refund in person or to furnish the Bank Details for the refund to be transferred to the Complainant’s Bank Account.  But the Complainant has neither collected the refund nor furnished the Bank details, but, has chosen to file this Complaint.  The Complainant has called upon the Opposite Party to pay a sum of Rs.8,000/- along with interest, without any basis, and further has claimed an exorbitant amount of Rs.1,00,000/- as damages which is highly unreasonable and unfair to the Opposite Party.  Hence prays to dismiss the complaint.

4. The Complainant, Sri.H.Prabhulingaiah filed his affidavit by way of evidence and closed his side.  On behalf of the Opposite Party, the affidavit of one Sri.Anup Kumar M, has been filed.   Heard the arguments of both parties.

5. The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?
2. If so, to what relief the Complainant is entitled?

6.     Our findings on the above points are:-

                POINT (1):- Affirmative

POINT (2):- As per the final Order

REASONS

7. POINT NO.1:- As looking into the allegations of the complaint and also the version filed by the Opposite Parties, it is not in dispute that the Complainant and his family members have booked tour package with the Opposite Party on 29.06.2015, the Opposite Party have confirmed to the Complainant to travel to Shirdi in Package for 3 nights and 4 days for the Complainant and his family members (4 members) and given the confirmation number 0000253239 and the Journey date is mentioned as 06.08.2015 from Bengaluru City Station, and on the same day i.e., on 29.06.2015 the Complainant has paid a sum of Rs.10,012/-.  Further to substantiate this, the Complainant in his sworn testimony, he has reiterated the same and produced Rail Tour Voucher.   As looking into this document, the Complainant booked ticket on 29.06.2015 from Bengaluru to Shirdi in train No.12627 Karnataka Express the boarding Station is at Bengaluru on 06.08.2015 and also produced the Travel Voucher and Return Rail Ticket (IRCTC) arrive ticket i.e., from Kopargaon to Bengaluru, date of Journey is on 08.08.2015 boarding station is Kopargaon.  This evidence of the Complainant has not been challenged by the Opposite Party.   To disbelieve the evidence of the Complainant, therefore it is proper to accept the contention of the Complainant that the Complainant booked tour package with Opposite Party on 29.06.2015 by paying a sum of Rs.10,012/- for tour to Shirdi in package for 3 nights and 4 days.

8. It is further case of the Complainant that on 06.08.2015 the Complainant and his family members left Bengaluru and reached Kopargaon Railway Station at 2.40 p.m, from there the Complainant and his family Members reached Saish Hotel by tempo traveler, same day night they stayed, and the next day the Complainant and his family members visited Shanishingapur in the morning at 10.00 a.m, and returned back to hotel at 1.00 p.m, had prasadam in the temple, and after that the Complainant came to know that, the train has cancelled which was supposed to arrive at 4.00 p.m by the other tour package members, then the Complainant had given call to the Indian Railway catering & Tourism Corporation Limited, regional office, Bengaluru, through the Complainant cell number for further enquiry, but they are not informed about the train and further told they are not aware of that, and further assured that they are going to enquire and call back after 10 minutes, but the Complainant did not receive any phone calls.  Later on enquiry with the hotel people and other tour package members it was confirmed about the train cancellation.  Since the Opposite Party not arranged any alternative facility to travel back to Bengaluru, the Complainant booked ticket by paying Rs.4,800/- from Pune to Bengaluru through VRL Travels and Shirdi to Pune the Complainant paid Rs.4,000/- to the private vehicle to travel.  In order to substantiate this, the Complainant in his sworn testimony, he has reiterated the same.  This evidence of the Complainant has not been challenged by the Opposite Party. 

9. On the other hand, even in their version, the Opposite Parties have clearly admitted that there was an accident near Itarsi Junction and most of the Trains were diverted to other routes.  Similarly, the Train Karnataka Express No.12628 for the return journey from Shirdi to Bengaluru was diverted and would not reach Kopergaon Railway Station to enable the Complainant, thereby from their version itself, it is clear that when the Complainant while returning to Bengaluru from Shirdi, Karnataka Express Train bearing No.12628 was not reached Kopargaon due to accident near Itarsi Junction, on that day, the Complainant and his family members was unable to return from Shirdi to Bengaluru and it is the defence of the Opposite Party that beyond their control of the Opposite Party for the decision taken by the Indian Railway, the journey was cancelled, the Opposite Party official informed the Complainant and other Members in the said Package Tour to reach Bengaluru by another Train coming from a different route to Kopargaon Railway Station in the night and the Train Fare would be reimbursed by the Opposite Party.  Accepting this, the other Passengers in the said Package Tour have travelled by another Train back to Bengaluru and the Train Fare from Kopargaon Railway Station to Bengaluru was reimbursed by the Opposite Party.  In support of their defence, Sri.Anup Kumar M, Manager of Opposite Party, in his sworn testimony, he has reiterated the same and produced Circular dt.07.08.2015 issued by the South Western Railway.  As looking into this document, it is dt.07.08.2015 regarding the Cancellation of train dt.06/07/08.08.2015 due to derailment of Train No.11071LTT-BSB and 13201 RJPB-LTT Express between Section of Western Central Railway due to this following trains are cancelled/diverted i.e., Train No.12628/12627, dt.07.08.2015, 08.08.2015 and 09.08.2015.  From this document, it is clear that as a result derailment in Western Central Railway Section Karnataka Express Train No.12628 cancelled or diverted on 07.08.2015, 08.08.2015 and 09.08.2015 and 10.08.2015.  Except this, the Opposite Party have not produced any other evidence to believe their defence that the officials of Opposite Party have informed the Complainant regarding cancellation of Karnataka Express on 08.08.2015 which is the schedule date of the Complainant and his family members to return back to Bengaluru from Shirdi.  If the Opposite Party officials informed the Complainant and other members of the package tour to reach Bengaluru by another train coming from Kopargaon Railway Station in the night and the train Fare would be reimbursed by the Opposite Party.  In that event, to that extent the Opposite Party ought to have produced evidence.  To substantiate their defence, on the other hand, absolutely there is no evidence to believe their defence.  Therefore, it is not proper to accept the defence taken by the Opposite Party.  On the other hand, as giving the evidence of the Complainant, since the Complainant came to know about the cancellation of Karnataka Express on 08.08.2015 he and his family members ought to have return to Bengaluru via Puna, thereby they incurred to travel near reach Puna from Shirdi and thereby from Puna to Bengaluru they have to spend a sum of Rs.8,800/- due to cancellation of the Train the Complainant and his family members reached the Bengaluru from Shird to Bengaluru via Puna by spending Rs.8,800/-, thereby the Opposite Party have undertaken to brought back to the Complainant and his family members from Shirdi to Bengaluru, but the Opposite Party fails to render service to the Complainant and his family members to return to Bengaluru from Shirdi, thereby they fails to give proper services, thereby there is deficiency in service render by the Opposite Party.  Due to this, the Complainant and his family members in order to return to Bengaluru by spending a sum of Rs.8,800/-. Hence, the Complainant is entitled for Rs.8,800/-. 

10. Further the Complainant in order to reach Bengaluru and also without knowing cancellation of the Train it causes lot of inconvenience to the Complainant as well as his family members they are waiting for long time in Kopargaon Railway Station and to make alternative arrangements to reach Bengaluru from Shiri, thereby it causes mental agony to the Complainant as well as his family members.  Hence, the Opposite Party are liable to compensate for the same.  Hence, this point is held in the Affirmative. 

11. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed holding that there is deficiency of service by the Opposite Party.

The Opposite Party is directed to pay a sum of Rs.8,800/- to the Complainant along with interest at 12% p.a. from 08.08.2015, till the date of payment.

The Opposite Party is directed to pay a sum of Rs.10,000/- as compensation for causing mental agony.

The Opposite Party is liable to pay a sum of Rs.3,000/- towards cost.

Supply free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 31^st day of July 2017)

        MEMBER                                             PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Prabhulingaiah H.C, who being Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Rail Tour Voucher Travel Voucher, return Rail Ticket
2. Legal Notice and Receipt
3. Reply Notice.

Witness examined on behalf of the Opposite Parties:

1. Sri.Anup Kumar M, Manager of Opposite Party Office by way of affidavit.

List of documents filed by the Opposite Party:

1. Circular dt.07.08.2015 issued by South Western Railway
2. Train Route of Train No.12628 Karnataka Express from New Delhi to Bengaluru
3. Route Map of the Train(Normal Route and Diverted Route)
4. Tour Booking Requisition Form signed by the Complainant dt.29.06.2015
5. Ticket issued to the Complainant
6. Brochure of the Package Tour
7. Refunds made to the other Passengers in the same package
8. Refunds made to the other Passengers in the other packages.

       MEMBER                                                                      PRESIDENT