Complainant through Lrd. Adv. Kale

Opponent through Lrd. Adv. Kulkarni

Per : Mr. V. P. Utpat, President              Place   :  PUNE

                                     J U D G M E N T 

                                        21/07/2014                                                                                                            

          This complaint is filed by the consumer against the service provider for deficiency in service under section 12 of the Consumer Protection Act, 1986.  The brief facts are as follows,

1]       The complainant is a resident of Bibwewadi, Kondhava Road, Pune-37.  The opponent is doing business of travels.  The complainant came to know through an advertisement that the opponent has organized tour of Amritsar – Kashmir – Vaishnowi Devi for the period 15/04/2013 to 27/04/2013.  The cost of the tour was Rs. 46,536/- for complainant and his wife.  The opponent had also booked railway tickets worth of Rs. 9,214/-.  Unfortunately, the complainant felt ill on 7/4/2013 and his doctor advised him not to travel during that period.  This fact was informed to the opponent and the opponent had promised that the complainant and his wife will be adjusted in the next tour; that was proceeding from 15/08/2013.  Accordingly, the railway tickets were again booked on 18/04/2013 by paying an amount of Rs. 9,025/-.  Even after contacting the opponent for several times the opponent had not supplied the detailed tour programme till 08/08/2013.  On 09/08/2013, the opponent had sent programme of Amritsar + Vaishnowi Devi  and  informed  that  complainant and his wife had to travel up to Kashmir and for that the opponent has asked additional amount of Rs. 42,000/-.  So, the complainant and his wife had cancelled the said tour, as they were not in a position to accept the financial burden and mental stress.  This fact was informed to the opponent in advance.  The complainant has prayed for refund of Rs.46,536/- and cost of Rs. 5,000/- along with @ 18% p.a.

2]      The opponent has resisted the complaint by fling written version, in which the facts as regards booking of the tour for the period of 15/04/2013 to 27/04/2014 and payment of Rs. 46,536/- by the complainant were accepted.   The booking of railway tickets is not seriously disputed by the opponent.  It is further admitted that the complainant felt ill on 7/4/2013.  As it reveals from the pleadings that the complainant had deposited an amount of Rs.46,536/- for the tour of Amritsar – Kashmir – Vaishnowi Devi, the opponent had assured complainant that the said amount will be adjusted in the next tour.  However, the opponent has informed to the complainant that he himself and his wife had to travel Kashmir independently and thereafter they have to join the group of the opponent.  That proposal was denied by the complainant.  It is the case of the opponent that as per the conditions referred in the brochure, the complainants are not entitled for any relief, as they cancelled the tour five days before departure.  According to the opponent, there is no deficiency in service on their part.  Hence, the complainants are not entitled for the refund as well as compensation.  The opponent has prayed for the dismissal of the complaint.

3]      After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the counsels and considering pleadings, the following points arise for the determination of the Forum. The points, findings and the reasons thereon are as follows-

REASONS    :-

4]      The undisputed facts in the present proceeding are that the complainant and his wife had booked tour initially in the month of April 2013 and deposited an amount of Rs. 46,536/-.  Unfortunately, the complainant felt ill; hence he had required to cancel the tour as per advice of his doctor.  The opponent has promised that they will be adjusted in the next tour.  However, there was no group tour subsequently as required by the complainant and his wife.  Hence the opponent has directed them to travel up to Kashmir and pay additional amount.  In those circumstances, the complainant had cancelled the said tour.  It is the case of the opponent that as per terms and the conditions between the parties, the tourist is not entitled to any refund, if he has cancelled the tour 5 days before the departure.  The opponent has not produced any documentary evidence to show that the complainant had accepted those terms and conditions.  Moreover, the brochure and the receipts, which are produced by the complainant, are also silent as regards the terms and conditions, which are referred by the opponent in their written version as well as affidavit.  It is significant to note that the opponent had opportunity to produce documentary evidence to that extent, but the opponent has failed to produce the same.  Hence, the adverse inference can be drawn against the opponent and it can be held that, there was no such condition between the parties.  It is significant to note that, the opponent has not established that it has sustained loss due to cancellation of the tour by the complainant and his wife.  In such circumstances, it is the considered opinion of the Forum that the opponent has caused deficiency in service by not refunding the cost of the tour.  The complainant is entitled for the refund of cost of the tour as well as compensation on the ground of mental and physical suffering and the costs of the litigation.     In the result this Forum answer the points accordingly and pass the following order.

O R D E R 

1. The complaint is partly allowed.

1. It is hereby declared that the opponent has caused deficiency in service by not refunding cost of the tour to the complainant.

1. The opponent is directed to pay an amount of Rs. 46,536/- (Rs. Forty  Six Thousand Five Hundred and Thirty Six only) to the complainant within six weeks from the date of receipt of copy of this order.

4.       The opponent is also directed to pay an amount Rs. 5,000/- (Rs. Five Thousand only) as a compensation towards mental and physical sufferings and costs of the proceeding.

5.       On failure to pay abovementioned amount within stipulated period of six weeks, it shall carry interest @ 9% p.a. from the date of filing of the complaint till its realization.

6.       Copies of this order be furnished to the parties free of cost.

7.       Parties are directed to collect the sets, which were provided for Members within one month from the date of order, otherwise those will be destroyed.