Orissa

Jharsuguda

CC/97/2014

Pravanjani Pradhan,W/O- Late Dala Prasad Naik - Complainant(s)

Versus

Krushna Chandran Meher S/O Pratap Sagar Meher - Opp.Party(s)

B.K. Behera

21 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 97 OF 2014

 

Pravajani Pradhan (59 Yrs.),

W/O: Late Dala Prasad Naik,

R/O/ PO: Loisingh, PS-Brajrajnagar,

Dist: Jharsuguda,Odisha………………………………….…………………Complainant.  

                                           

Versus

 

1. Krushna Chandra Meher,

S/O: Pratap Sagar Meher,

At/PO: Kudopali, PS: Brajrajnagar,

Dist: Jharsuguda, Odisha.

 

2. Muna Nahak,

S/O: Gula Nahak,

R/O: Qr. No. 9/F, Bundia Colony, Rampur,

PS: Brajrajnagar, Dist: Jharsuguda, Odisha.…......................….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                       Shri B.K.Behera, Adv.

For the Opp. Parties                                       Shri S.P.Sahu, Adv. & Associates.

 

Date of Order: 21.07.2015

 

Present

                                                                                 1. Shri S.L.Behera, President.

                                                                                 2. Shri S.K. Ojha, Sr. Member.

                                                                                 3. Smt. A. Nanda, Member.

 

Shri S. K. Ojha, Sr. Member : - The case filed by the complainant alleging on the O.Ps for misleading advertisement and assurance to provide certain facilities including insurance of Rs.5,00,000/- only on tour to South India which the O.Ps failed to do so.

The brief facts of the complainant’s case is that, the complainant along with her husband went to visit South India for tour under the banner of “Maa Durga Tour & Travels” with the guidance of O.Ps. The tour was from dtd. 06.11.2013 to 19.11.2013 as per the leaflet issued by the O.Ps.  The complainant paid ticket charges for two persons @ Rs.8,888/- only, in toal Rs.17,776/- only to the O.Ps.  On dtd. 15.11.2013 while travelling the tourist vehicle on the road leading from Nager Coil to Trivendrum at Near Chunkan Kadai Nagercoil Chhak, Eranial PS/ Dist- Kannyakumari the vehicle parked for lunch break and at that time the petitioner’s husband while crossing the road with all precautions a Moped Type Motor Cycle dashed the petitioner’s husband on the side.  The complainant’s said husband injured severely and after shifting to Muthu Neoro Hospital Chunkan Kadai, Nagercoil

 

(Tamilnadu) he was referred to Kerela Institute of Medical Science at Thiruvananthapuram and thereafter the husband of the complainant died on dtd. 17.11.2013. The complainant brought the dead body to her native place for funeral ceremony.  The O.Ps. have declared group life insurance facilities to each tourist during journey for any on towards mis-happens and of unnatural death cases which displayed in the tourist leaflet for Rs.5,00,000/- only but no insurance policy was taken by the O.Ps.   The complainant also alleged that the O.Ps. had not taken proper care during the journey and for earning profit made false advertisement in their leaflet.  The O.Ps. never tried to file FIR against the person who caused accident to the victim deceased  at the place of occurrence as a result the complainant is not in  a position to file motor accident claim case.  The complainant finding no other way knocked the door of this Hon’ble Forum for proper adjudication along with relevant documents.      

On receiving the notice, the O.Ps. appeared through their counsel and filed written version admitting the fact of journey as mentioned in the complaint petition and denied all the allegations imposed by the complainant.  The O.Ps. submitted that they are not the proprietor of ‘Maa Durga Tour and Travels’ and they have never published any leaflet.  The O.Ps. alongwith their relatives and other including near and dear at about 85 people had been to a journey towards South India independently.  All the members purchased ticket at their own and separately and during the journey people were with different vehicles independently.  The accident had occurred unfortunately while crossing the road from one side to another side.  It is also false that any group life insurance facilities to each tourist is provided or published in the tourist leaflet and there is no question of any special care to the tourist, there was not necessary for lodging of any FIR in the police station and prayed for dismissal of the case.     

Heard the matter from the parties in length and perused the case record along with materials available. There is no dispute in the following issues;

 

1. The complainant is the legally married wife of her deceased husband late Dala Prasad Naik .
2. The complainant along with her husband and others had been to journey to the South India by paying Rs.17,776/- only in total for two persons @ Rs. 8,888/- only per head.
3. The said husband of complainant sustained injury causing an accident during the said journey and died due to the said reason.
4. The complainant managed to bear the required medical, paralegal and transport expenditures as required for caring out the dead body from Thiruvananthapuram to her native village at Loisingh, PS-Brajrajnagar, Dist: Jharsuguda.
5. Not lodging FIR regarding the incident of accident by the O.Ps. rather FIR lodged by the son of complainant for proper performing of formalities. 

 

 

Rather there are disputes on the following issues ;

 

1. The O.Ps. are the proprietor / carrying any business of tours and travels in the head of “Maa Durga Tour & Travels”.
2. The O.Ps. have assured for insurance of Rs.5,00,000/- only to the participants / members who visited the said tour.
3. The O.Ps. have published any leaflet containing rules and regulations, charges and places to be visited by certain means.  
4. The case is maintainable before this Hon’ble Forum.

 

The non-disputing part is admitted by both the parties, but while focusing on the disputes part minutely as per the materials available, it is ascertained that the leaflet filed by the complainant containing facilities, charges, tourist places to be visited, headed by name and style as  “Maa Durga Tour & Travels” there has been specifically mentioned as,  “Each Tourist taken Special care and covered with insurance of Rs. 5 lakhs for U.D Cases during journey. For Booking please contact: Mr. K.C.Meher, Cell: 9938404209,  Mr. S.K.meher, Cell: 78736484446, Mr. Muna Cell: 9853285819”.   

 

            It was very hard to ascertain whether the O.Ps. namely Krushna Chandra Meher ( in short K.C.Meher) and Muna Nahak (in short Muna) are the same persons as mentioned in the said leaflet produced by the complainant which the O.Ps. are vehemently denying, but while asking the mobile number for uploading purpose the O.P.No.1. provided his mobile numbers as 9938404209 and O.P.No.2 provided as 9090812417 respectively which mentioned in the title page of complaint petition.  Out of these two mobile nos. the mobile no. of O.P.No.1 namely Krushna Chandra Meher and Mr. K.C.Meher ( as mentioned in the leaflet) are the one and same i.e. 9938404209. It reveals that the O.P.No.1 along with others are involved in carrying business under the head name and style as “Maa Durga Tour & Travels”  and the said leaflet has been printed and published by the O.Ps, so also the terms and conditions , facilities and the places to be visited and assurances provided by the O.Ps. are also true and actual and relying on the said facts the matter is very fit to be decided before this Hon’ble Forum. In support of the case the complainant along with one Mohin Barik son of Chaitan Barik of the same village filed their separate  evidence  in shape of affidavits declaring the facts of assurance of facilities provided by the O.Ps., details of payment of charges to the O.Ps. along with assurance of insurance of each tourist etc.

 

            Once it is proved that the O.Ps. have printed and published the said leaflet filed by the complainant, taken money from the complainant to fulfill the terms and conditions so also the facilities as mentioned in the leaflets the O.Ps. are duty bound to maintain the same but the O.Ps. failed to do so, as such the activities of the O.Ps. denotes commitment of crystal clear deficiency in service through misleading advertisement so also adoption of gross unfair trade practice on their part and such types of activities should be checked and discouraged.

 

Hence on the above observations and analysis this Hon’ble Forum allows the complaint petition by directing the O.Ps. in the form of order as follows :-

 

 

           

 

ORDER

 

1. The O.Ps are hereby jointly and severally directed for not to adopt such types of deficiency in service and unfair trade practice any further as mentioned above.

 

2. The O.Ps are hereby jointly and severally directed to pay Rs. 5,00,000/- (Rupees five lakhs) only to the complainant towards assurance of insurance.

 

3. The O.Ps. are hereby further jointly and severally directed to pay Rs.3,00,000/- (Rupees three lakhs) only to the complainant towards mental agony, harassment including litigation costs.

 

4. The above mentioned orders are to be carried out within 30 (thirty) days from the date of receipt of copy of this order, failing which the O.Ps. shall be liable for interest @ 10% per annum on the above mentioned awarded amounts till realization.   

 

   Accordingly the case is disposed of.

Order pronounced in the open court today the 21^st  day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                           I Agree.                                    I Agree,                                                                                               

                                         

                                 A.Nanda, Member (W)              S. L. Behera President            S.K.Ojha, Sr.Member       

                

                                      Dictated and corrected by me

 

                                               S.K.Ojha, Sr.Member