Complaint filed on: 17-03-2011
Disposed on: 12-07-2011
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.542/2011
DATED THIS THE 12th JULY 2011
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainants: -
1. Sri.Arjun Ramaprasad,
Aged about 27 years,
S/o. B.N.Ramprasad
2. Smt. Smitha.S.
Aged about 25 years,
W/o. Sri.Arjun Ramprasad
Both are R/at No.183,
4th Cross, 1st Main Road,
4th Phase (707),
Yelahanka New Town,
Bangalore-560 106
V/s
Opposite parties: -
1. MAKE MY TRIP INDIA PVT, LTD
103, Udyog Vihar, Phase-1
Gurgaon,
Hariyana State
Represented by its Managing
Director
2. MAKE MY TRIP INDIA PVT, LTD,
Unit no.101, Cears Plaza,
136, Residency Road,
Bangalore – 560 025
India,
Represented by its Branch Manager,
3. MAKE MY TRIP INDIA PVT, LTD,
No.133, “Pakshiraj”, 33rd Cross,
1st Floor, 4th Block (EAST),
Jayanagar, Bangalore- 560 011
Represented by its Manager
O R D E R
SMT.ANITA SHIVAKUMAR.K., MEMBER.
The brief facts of the complaint filed by the complainants are that the complainants were married on 29/10/2010, who planned to have pleasure trip to Andaman and Port Blair. For that reason the complainants booked ticket ( IN1008B01101, PNR No: ZG6Y83) with Ops through Bhawna Vyas Email: Bhawna. Vyas @ makemytrip.com. Op-1 is a company who arranges trip and Op 2 & 3 are the branches at Bangalore who worked for Op1. The complainants had paid Rs.21,000/- as token advance on 4/8/2010 and balance amount of Rs.36,400 was paid on 27/9/2010.The trip to Exotic Andaman was from 7/11/2010 to 14/11/2010. Op supplied the list of itinerary to the complainants. The whole trip organized by the Op to different itinerary, was humiliation, inconveniences, intimidations, such as Op made them to wait for 4 hours at airport, the accommodation made in the first floor which has no attached bathrooms, bathrooms were at ground floor with stairs only from outside the room, the accommodation arranged after waiting for 5 hours at the reception, the itinerary shuffled, food arrangements not arranged properly and so on. Though all such incidents are intimated to Op representatives and complained to hotel personnel also, it was not properly arranged, caused lot of inconvenience and humiliation to the complainants. Overall, the trip was organized in a hopeless manner, hospitality was non existent, the complainants suffered mentally and physically. After the wedding, the complainants planned to have pleasure trip by booking the tickets well in advance. The Ops were not provided the facilities as assured, caused deficiency in their services. These complaints are intimated to Ops through legal notice dated 22/12/2010 and calling upon the respondents to pay a sum of Rs.2,00,000/- towards compensation and cost. Ops neither replied to notice nor paid compensation. Hence, the complainants approached this forum seeking direction to Ops to pay compensation of Rs. 2 lakhs and cost of Rs.2,000/- for inconvenience, hardship they suffered at trip.
2. Notice sent to OP 2 only who is at Bangalore, who has appeared through his advocate. Op has denied the allegation of the complainants, contended that the allegations made against Op are false and frivolous in his version. Op submitted that all other passengers are quite happy and satisfied with the arrangements done at itinerary except the complainants. Hence, the complaint is on the basis of false allegation which is liable to be dismissed.
3. In the course of enquiry into the complaint the complainant and Mr.Kamal Kishore Avutapalli, Manager –Legal for op have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant along with the complaint has produced the copy of the legal notice sent to Op claiming Rs.2 lakhs compensation for deficiency in service, copies of postal acknowledgements, copy of reply given by the Op . Counsel for op has produced the copy of terms and conditions, copy of instruction given to the complainants before traveling, list of itinerary, copies of feed back issued by certain travelers who satisfied with the arrangements. Counsels for both parties argued and perused the records.
4. On the above materials, following points for determination arise.
1. Whether the complainant proves that the Op
has caused deficiency in his service in not arranging the trip in proper manner as promised
2. To what relief the complainant is entitled to?
5. Our findings are as under:
Point No.1: In the affirmative
Point No.2: See the Final order
REASONS
6. Answer on Point No.1: As we have gone through the contention of both parties, there is no dispute between them, in this complainant having had booked the ticket well in advance and which was scheduled from 7/11/2010 to 14/11/2010 by paying the full amount of Rs. 57,400/-. Since the complainants are newly married they planned to have pleasure trip to Exotic Andaman, Port Blair and Havelock Island. The complainants alleged that the Op had not arranged the trip in proper manner though it was booked 3 months in advance. Op denied some allegations. Some are admitted by the Op with reason that it is difficult to arrange for 160 members group and stating that it is natural while handling such a huge group.
7. The allegation regarding the waiting time for long at airport was beyond the control of Op, it was delayed because of bad weather. The time taken to allot room at Havelock island was intimated to the complainants that 30 minutes to 1 hour is required to allot the room because of large group contained 160 persons in the trip. Op also stated that keeping in mind that the complainants are newly married couples and best suited to their comfort and convenience the accommodation provided to the complainants in the villa which was one of the best rooms. Op admitted the allegation of the complainants regarding room provided was not good and having no attached bath room. But he contended that when huge group landed at a time, the rooms will be allotted subject to availability. When the complainants objected it, on the request of the complainants, Op has changed the room as per their requirement.
8. The complainant alleged that the Op had not obtained tickets for the journey from Port Blair to Havelock island by M.V.Makruzz, a luxury cruise and they made them to sit on the seat which is meant for the crew of the Makruzz vessel. It is denied by the Op. Regarding the allegation on the arrangement of Scuba Diving provided by the Op, Op submitted that the Scuba diving was not a part of package, it was optional adventure sport offered to the complainants. The allegation about the sitting arrangement made separately in the Government Ferry while returning to Port Blair, is denied by the Op that as per the term and condition agreed by the complainants “if in case there is any change in the Makruzz timings or cancellation due to unavoidable circumstances/technical reasons, Op will arrange for the best possible alternative either in Makruzz second sailing or in Government ferry whichever is available”
9. The Op denied the allegation made against officials of op regarding Bharatang Trip, which is organized by the local vendors and it was under optional tour. The rate varies from vendor to vendor depending upon the facilities provided by them. It is not fault of officials of Op as alleged by the complainants when they choose to go for the cheaper rate vendor though Op is tried to provide the best rate vendor. Through all these allegation complainants has not proved the loss suffered. The allegations of complainants are baseless. And there is no deficiency in service on the part of Op to compensate for that.
10. Considering the allegations against Op and justification by the Op, some shortfalls may beyond the control of Op as he said which are happened in case of waiting in the airport for long period, the alternative arrangements made in government ferry instead of Makruzz while returning to port Blair. In some cases Op arranged optional and out of the package trip.
11. The main allegation can be considered that is accommodation made after waiting for 4 hours after long journey and also the room allotted was not good which was not having attached bathroom. When the programme organized by the Op in large group, that too booked well in advance, it is their responsibility to arrange all necessary arrangements prior to land the group at destination. Because, everybody need rest and fresh up immediately after journey. There is no justification from the Op, for waiting for long time at the reception counter to allot the rooms to the passengers, it may be large group. Another allegation, the room without the attached bath room allotted to the complainants is not fair. It is admitted by the OP. As per the Op’s submission the best room allotted to the complainants keeping in mind that the complainants are newly married couple. We can think that the room allotted to the complainants was the best one, presume about the other rooms allotted to co-travelers.
12. When Op is not able to organize the trip and not able to handle the crowd, nobody has compelled them to do it. But Op himself taken that risk, the travelers come with the trust that Op is responsible to arrange everything by payment of so much of amount, it is sole responsibility of Op only to take care about the trip must be happier to all the travelers. Passengers will be unknown and unfamiliar to the places, they can not arrange rooms and all for themselves. Because of that only the publics go for the package trips organized by the traveling agents like Op.
13. Therefore, in our view the Op caused deficiency in service in not providing proper facilities and the trip was not properly organized which caused inconvenience, humiliation to the complainants though the other travelers opined that the trip was good and organized in proper manner. Those can not be taken into consideration since the complainants sufferings are varies from co-travelers. For the shortfall the Op is liable to compensate the complainants. Hence, we answer point no 1 in the affirmative and pass the following order.
ORDER
The complaint is allowed
Op is directed to pay Rs. 5,000/-as compensation to the complainant for inconveniences, humiliation suffered during the trip within 30 days from the date of this order. Failing which Op is directed to pay interest @ 10% p.a from the date of this order till it is repaid.
Op is further directed to pay Rs.1,000/- towards cost.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 12th July 2011.
Member Member President
