Date of filing : 09-10-2013
Date of order : 27- 10-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.233/2013
Dated this, the 27th day of October 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
P.A.Hameed, S/o.Abdul Rahiman, : Complainant
Rose House, Kottikulam,
Bakel.Po, 671318, Hosdurg Taluk
(Adv.K.Manikandhan Nambiar, Hosdurg)
Khalid.B.M.K, : Opposite party
Alfalah International Tours and Travels,
Meepiry Centre-2nd floor,
Kumbala, Kasaragod. 671321
O R D E R
SMT.K.G.BEENA,MEMBER
The case of the complainant Sri.P.A.Hameed is that he is a pious man, keep a godly desire to go Mecca and Madeena. Seeing advertisement of opposite party which offered Umrah and Haj pilgrimage by offering various facilities the complainant approached opposite party and opposite party agreed and fully confirmed the service offered in the notice. Opposite party offered that complainant will get one Friday for prayer at Mecca and one Friday at Madeena. Prayer on Friday in the pilgrim season at Mecca and Madeena is a dream and great opportunity for every pious Muslim. This made the complainant book a Umrah package arranged by opposite party. Opposite party also promised accommodation close to the Haram and good healthy food. Complainant paid Rs.49,000/- for Umrah package on 2-4-2013 to opposite party. As per the package opposite party is liable to take the complainant from Mangalore to Jidda on 12-04-2013 and stay 9 days at Mecca and 5 days at Madeena. As per the ticket issued by the opposite party the complainant has to travel by Air India on 12-04-2013 by flight No.A1- 680 and reach Mumbai on 11-4-2013 itself and from there to Jiddah by flight No.A1- 930. 12-04-2013 is a Friday and that night’s prayer at Mecca is a very Holy to Muslims. Complainant specifically asked to opposite party that he wants to attend the prayer on that Friday night at Mecca and opposite party assured that will be done. When the ticket is handed over to the complainant it is revealed that the complainant should start back from Jiddah on 25-04-2013 and this is contrary to the assurance and agreement. Complainant contacted opposite party on 11-04-2013 to enquire and ensure the journey on 12-04-2013. Opposite party informed that the Air ticket to Mumbai is not confirmed and directed to the complainant travel on a two tier AC compartment of “Matsyagandha Express” from Mangalore to Mumbai. Complainant was suffering from various health problems including blood pressure and back pain. It is not advisable for him to travel by train. The opposite party at the initial stage itself assured that journey will be very comfort and there will be no bus or train journey. But to his utter shock complainant came to know that opposite party did not book two tier AC but only a sleeper ticket. The complainant was constrained to travel in that train on a sleeper ticket to Mumbai. Opposite party promised that he arranged an AC deluxe room in a luxurious hotel at Mumbai for rest which also proved false later. Complainant forced to wait at the waiting room of the Mumbai Railway station when he reached at Jiddah he lost the opportunity to participate in the Friday night prayer at Mecca. Complainant was totally exhausted due to the tiresome journey and poor quality of service by opposite party. Even after reaching Mecca there was no service of good arrangements from opposite party. The lodging facility was poor and it is a remote village food served was also sub standard. Complainant had no opportunity of pray at Mecca on a Friday during the Juma as the opposite party forced to the complainant to move to Madeena one day prior to the already decided date. There was no service of Ameer as promised. Complainant reached at Mumbai on 26-04-2013 as per agreement opposite party is bound to provide flight ticket to Mumbai to Managlore, instead opposite party arranged only a bus ticket to Mangalore. Complainant is alleging deficiency in service and unfair trade practice on opposite party. Complainant had sent a registered lawyer notice dt.2-5-2013 to opposite party demanding Rs.2 lakhs as compensation. Opposite party received the notice but he did not turn up. Hence the complaint for necessary redressal.
2. Eventhough Adv.Udayakumar filed vakalath for opposite party he did not filed version even after 5 consecutive postings.
3. Complainant filed proof affidavit in lieu chief examination. Exts A1 to A5 marked. Heard the complainant and documents verified.
4. It is true that a pilgrimage to Mecca and Madeena is a pensive long for every religious muslim. Here the complainant attracted by the advertisement of the opposite party expecting good service booked the Umrah package of opposite party for Rs.49,000/- but the service rendered by the opposite party to the complainant was very poor and negligent one. Even the complainant did not get Friday prayer at Mecca and Madeena after spending such a huge amount the mode of journey, accommodation, food etc provided by opposite party to the complainant was substandard. Due to the irresponsible and negligent attitude of opposite party complainant suffered great mental pain and difficulties. He was constrained to travel Mumbai to Mangalore by Bus which caused severe health problems to the complainant. After returning back complainant sent registered lawyer noticed dt.2-5-2013 demanding Rs.2 lakh as compensation for the hardship and mental agony he had undergone during journey. But the opposite party did not turn up to disprove the case of the complainant. While perusing the affidavit and documents we are of the opinion that the loss and mental agony sustained to the complainant has to be compensated. The affidavit of complainant proves unfair trade practice on the part of the opposite party. Hence the complaint is allowed. Ashokkumar Shivpuri V Akbarally’s and another 2011 CTJ 57(CP) (NCDRC) held that “Any misleading advertisement issued for the purpose of promoting the sales of the advertisers products would amount to unfair trade practice as defined in the C.P.Act.”
In the result, complaint is allowed directing the Opposite party to refund Rs.30,000/- excess amount collected from the complainant with Rs.50,000/- as damage and Rs.2000/ as cost within 30 days from the date of receipt of copy of order. Failing which Rs.30,000/- will carry interest @ 12% per annum till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Brochure of opposite party.
A2.2-04-2013 Cash receipt for an amount of Rs.49,000/-
A3. E-ticket No. 0982874229099
A4. 2-5-2013 Copy of lawyer notice.
A5. Postal acknowledgment card
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
