( Passed on dated 30th January, 2016 )
Per Shri Atul D. Alsi – Hon’ble President.
The opposite party is domestic travel company providing tour packages to various tourist destinations all over India and abroad also.
2. The complainant had made online booking of tour package of Delhi-Shimla-Manali-Chandigarh-Delhi for 06 nights and 07 days through the opposite party Make India Journey for his family members consisting of 8 Adults and 2 kids. The complainant had paid the total amount of Rs.97,000/- towards the tour package. The part of the payment to the opposite party was made from Gondia, hence cause of action also arise at Gondia.
3. The tour package includes visit to “Rohtang pass” also. On day 04 of the tour complainants are supposed to visit the “Rohtang Pass”. On day 04 of the tour when complainant and his family members reached “Manali” the driver provided by the opposite party inform that he can not take complainant and his family members to “Rohtang Pass” as he do not have the required permit to visit “Rohtang Pass”. At “Manali” the complainant had observe that hundreds of other vehicles were going towards “Rohtang Pass”.
4. The official of the opposite party initially assuring the complainant that, they will soon make arrangement for visit to “Rohtang Pass”, however no arrangement was made by the opposite party and later the official of opposite party stop responding to the calls made by complainant. The complainant had on 01/06/2015 to 04/06/2015 several times called the officials of opposite party via mobile phone bearing Nos. 9673994752 and 9970137388 on No. 278720777, 9999080086 and 9211171008 provided by the opposite party for contacting them in case of any difficulty or grievance about the tour.
5. Despite several requests by the complainant the opposite party fail to arrange the trip to “Rohtang Pass” as promised. The visit to Rohtang Pass was part and parcel of the tour package, for which the complainant had paid to the opposite party. Abandoning the part of tour by the opposite party amounts to deficiency in service.
6. The complainant has paid for the entire tour package and opposite party was under obligation to provide the service as promised. Due to abandoning the visit to the Rohtang Pass as per tour schedule and promised by the opposite party entire day of the complainant and his family member has gone in vain and has cause great disappointment to the complainant and his family members.
7. The complainant through e-mail id seema mahesh @gmail.com sent a notice to the opposite party complaining about deficiency in service and seeking compensation of Rs.40,000/- for deficiency in providing service and Rs.40,000/- for causing mental harassment due to abandoning part of the tour. The opposite party after receiving the notice failed to comply with the notice and therefore complainant was constrained to move before the Hon’ble Forum seeking redressal of his grievances.
8. The complainant prayed to declare that the opposite party has committed deficiency in service as well as he be directed to pay Rs.40,000/- towards deficiency in service and Rs.10,000/- towards mental harassment.
9. After receiving the notice issued by this Forum, the O. P. though served notice not appeared before this Forum and hence ex-parte order passed against him.
10. The complainant has filed copy deposit slip of payment made to Make India Journey, dated 23/03/2015 at page no. 13, Copy of E-mails and reply of O.P. at page no. 14 to 27. on record.
11. The counsel for complainant Mr.S.A.Ankar has filed pursis that his complaint and evidence affidavit may be treated as written argument.
12. As per petition and arguments and documents filed on record following points came for consideration:-
Sr. No. | Points | Findings |
1. | Whether the complaint is deserve to be allowed? | YES |
2. | What Order? | As per final order. |
REASONING & FINDINGS
13. The complainant had book his journey tickets through ICICI Bank on 23/03/2015 as per receipt filed on page No.13 hence Gondia Forum has jurisdiction to entertain the petition.
14. The complaint had made booking the tour program as per broacher issued by O.P. from Delhi-Shimla-Chandigarh-Delhi for 6 nights and 7 days for 8 adults and 2 kids by paying Rs.97,000/- for whole total program. The tour program was admitted by O.P. in notice reply dated 22 June, 2015 at page No.26. Hence the O.P. had arranged tour program for complainant for which the complainant had paid Rs.97,000/- . The jurisdiction in respect of dispute rise in Delhi as per terms and conditions of agent can’t bind on complainant because ones jurisdiction is prescribed by law it can’t change by mutual agreement hence the clause of jurisdiction as per terms & conditions of broacher is not binding on complainant.
15. As per tour program filed on page No.19 the day 04 programme of “Rohtang Pass” snow point and Sollang Valley was included in program. The complainant and his family members as per evidence by way of affidavit filed on page 61 stressed importance of “Rohtang Pass” is the basic feature of tour program and for which they are more interested in arrangement of such type of tour.
16. The O.P. after E-mail and telephonic request did not arrange the “Rohtang Pass” and did not supported his inability due to circumstances beyond his capacity to arrange program in his notice reply along with the documentary evidence to complainant, therefore it amounts to deficiency in service. Hence O.P. is liable to pay Rs.25,000/- towards mental torture and agony to complainant and his family members as per following order:-
-: ORDER :-
1. The complaint is partly allowed.
2. The O. P. is directed to pay Rs.25,000/- towards mental torture and agony for not arranging tour as per tour program at “Rohtang Pass”.
3. The O. P. is directed to pay Rs.10,000/- towards cost of litigation to the complainant.
4. The O. P. is directed to comply the above order within 30 days from the date of receipt of this order.