Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows.  The complainant is a small scale rubber dealer by profession paid an advance amount of Rs. 15,000/-to the opposite parties on the strength of an advertisement in Malayala Manorama daily dated: 14/03/2017 for 5 days tour program to Thailand.  The opposite parties also assured to arrange to and fro air ticket stay arrangements in Thailand, Food, sightseeing, entry passes etc.etc. It is contended that the opposite parties assured the presence of a full time guide for the tour program.  The total amount which was necessary for all this tour program was Rs. 36,000/- On 30/03/2017 the balance amount of Rs. 21,000/- which was also deposited by the complainant in favour or the opposite parties.  It is further contended that on 16/04/2017 the opposite parties informed the complainant to get ready for the tour program and on the said date at about 6pm the complainant reached at Nedumbasseri Airport. At that time the 2^nd opposite party and another person were present there.  It is contented that no guide or any other person was present there to assist the complaint for the flight journey and for the tour to Thailand.  The 2^nd   opposite party has given a cap to the complainant with a printing ‘India wings’ in order to identify the complainant at Bangkok (Thailand Airport) by the guide.  On 17/04/2017 at 1.30am flight arrived at Bangkok. The Airport official taken the complainant into the Airport office and also taken custody of the passport of the complainant.  The complainant was not familiar with the Thailand’s language so that he could not give any answer to the questions of the Airport authorities.  The complainant was detained for 15 hours at Bangkok Air Port even without any sufficient food.  The complainant contacted his wife and son and explained the troubles happened at Bangkok, they contacted the opposite parties for rescue that also failed.  At last the Air Port officials allowed the complainant return to India. However, he arranged 100$ currency for the travel purpose and the Airport authorities arranged a return Air Ticket to Cochin airport.  On 17/04/2017 at 08:56:34 pm by Air Asia Flight, the complainant arrived at Cochin Airport at 00.45 hrs (Indian Standard Time) on 18/04/2017.  It is further contended that the act of the opposite parties are gross negligence on their part                                so that the opposite parties are liable to the complainant.  The above said incidents caused much mental agony, difficulty and irreparable injury to the complainant.  Hence, the complaint for realizing for the refund of the Air Ticket amount Rs.36,000/- damage, compensation cost, etc. etc.

3. This Forum entertained the complaint and issued notice to the opposite parties for their appearance.  Though the opposite parties received the notice they did not appear before the Forum. Therefore, on 20/06/2017 the opposite parties 1 to 3 were declared exparte and the case was posted for the evidence of the complainant. 
4. We peruse the complaint, records before us and framed the following issues for consideration.  

1. Whether the opposite parties committed any deficiency in service against the complainant?
2. Regarding the relief and costs?

5. In order to prove the case of the complainant, the complainant is examined as PW1 and marked Ext. A1 to A10 & MO1.  Ext. A1 is the Malayala Manoram daily news paper dated: 14/03/2017 in which opposite party advertisement was published.  Ext. A2 is the Bank slip for Rs. 15,000/- dated: 21/03/2017.  Ext. A3 is the Courier receipt dated: 23/03/2017 of professional couriers, Thiruvalla.  Ext. A4 is the Bank slip for Rs. 21,000/- dated: 30/03/2017.  Ext. A5  is the carbon copy of cash receipt issued by Guard force Aviation Security dated: 17/04/2017.  Ext. A6 is the Currency converting slip of CIMB Thai Bank Public Company Ltd sl. No. 3496918 in respect of US$ 100.  Ext. A7 is the boarding pass guest copy of Air Asia seat No. 31A dated: 17/04/2017.  Ext. A8 is the Travel itinerary is the Shaji Varghese- Bangkok to Cochin 17 -18 April 2017. Ext. A9 is the Passengers name slip – Shaji Varghese dated: 17/04/2017.  Ext. A10 series (3 Nos) are the copy of passport.  MO1 is the Red and white cap with printing ‘India wings’.

6.  Point No.1&2: For the sake of convenience, we would like to consider Point No.1 and 2 together.  As discussed earlier the complainant is examined as PW1 and marked Ext. A1 to A10 and MO1. When we peruse the chief examination of the complainant it is more or less as per the tune of the complaint.  The complainant as PW1 deposed that he paid an amount of Rs. 36,000/- to the opposite parties for a tour program of 5 days, at Thailand.  It is further deposed that when PW1 arrived at Bangkok Airport at Thailand the Airport authorities of Thailand Airport detained him in Airport office for nearly 15 hours.  The non arraignment of proper guide for the tour program and absents of a responsible person’s presence in the program were the reason for all                this miserable conditions. 
7. When we appreciate this case we should have think the mental stage of a person who have no knowledge in the local language in English comes under the custody of foreign officials.  When we peruse the documents and MO1 produced by the complainant it is substantiate his case.  It is to be noted that MO1 is a cap which carries the trade name of the opposite parties. Ext. A1 shows that  opposite  parties  made  an  advertisement  in  Malayala Manorama daily on

14/03/2017 regarding the tour program.  Ext. A2 & A4 are the documents to shows that the complainant paid an amount of Rs. 36,000/- to the opposite parties for tour program.  Ext. A5 proves that on 17/04/2017 the complainant paid an amount Rs. 802.50 for an aviation security at Bangkok.  Ext. A7 is the boarding pass of the Air Asia to Cochin Airport Ext. A8 proves that the complainant converted his dollar currency for the purchase of return ticket to Cochin..  Ext. A8 shows that there is already a return ticket in favour of the complainant for the travel from Bangkok to Kochi.  Ext. A9 is a name slip dated: 17/06/2017 instead of the original date 17/04/2017.  Ext. A10 is the relevant pages of PW1’s passport.  In this case as stated earlier, all the opposite parties are declared exparte so that the evidence adduced by PW1 is unchallengeable as far as this case is concerned.  The evidence adduced by PW1 shows that the incident happened at Bangkok Airport caused much mental agony and difficulty to the complainant.  Therefore, the complainant is eligible to get a reasonable compensation apart from the ticket expense and cost of this case. 

8. When we peruse the complaint along with Ext. A1 to A10 series and MO1 we cannot see anything to disbelieve the credibility of PW1 in this case.  The complainant is succeeded to prove his case with conclusive evidence.  Therefore, we believe the evidence adduced by PW1 in this case and find that the complaint is allowable.  It can be inferred that opposite party 1 to 3 are jointly and severely liable to the complainant.  Hence, Point No.1 & 2 are also found in favour of the complainant.
9. In the result, we pass the following orders.

1. The opposite parties are here by directed to refund the tour expense Rs. 36,000/- (Rupees Thirty Six Thousand only) to the complainant with 10% from the date of the institution of this case i.e. 28/04/2017.
2. The opposite party 1 to 3 are also directed to pay an amount of                     Rs. 20,000/- (Rupees Twenty Thousand only) and compensation of           Rs. 2,500/- (Rupees Two Thousand and Five Hundred only) as cost to the complainant with 10% from the date of receipt of this order onward.

                 Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th day of June, 2017.

                                                                                 (Sd/-)

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                          (President)

Smt. Sheela Jacob (Member)               :  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Shaji Varghese

Exhibits marked on the side of the complainant:

A1 :  Malayala Manoram daily news paper dated: 14/03/2017 in which opposite

        party advertisement was published

A2 :  Bank slip for Rs. 15,000/- dated: 21/03/2017

A3 :  Courier receipt dated: 23/03/2017 of professional couriers, Thiruvalla

A4  : Bank slip for Rs. 21,000/- dated: 30/03/2017

A5  : Carbon copy of cash receipt issued by Guardforce Aviation Security dated: 

        17/04/2017

A6  : Currency converting slip of CIMB Thai Bank Public Company Ltd sl. No.

         3496918 in respect of US$ 100

A7  :  Boarding pass guest copy of Air Asia seat No. 31A dated: 17/04/2017

A8  :  Travel itinerary is the Shaji Varughese- Bangkok to Cochin 17 -18 April

          2017

A9  :  Passengers name slip – Shaji Varughese dated: 17/04/2017

A10 series :  Copy of passport (3 Nos.)

MO1 : Red and white cap with printing ‘India wings’.

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil.

                                                                                                    (By Order)

Copy to:- 1) Shaji Varghese,

                   Chittedathu House, Othara East P.O,

          Thiruvalla Taluk, Pathanamthitta.

2)  The Managing Director,

Indian Wings, Indian Wings Holidays,

GIB Arcade, Church Landing Road,

Pallimukku, Kochi . Tel : 8605817999.

3. Mr. Ugesh Xavier, Indian Wings Holidays,

GIB Arcade, Church landing road, Pallimukku Kochi – 16.

4. Ben Babu, Indian Wings Holidays,

GIB arcade, Church landing road,

Pallimukku, Kochi 16.

5. The Stock File.