Delhi

New Delhi

CC/360/2017

Sunita Malhotra - Complainant(s)

Versus

M/s Dewan Worldwide Holiday & Others - Opp.Party(s)

09 Sep 2019

ORDER

 

 

                                         CONSUMER DISPUTES REDRESSAL FORUM-VI

                                                     (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                       NEW DELHI-110001

 

 

Case No.C.C./ 360/2017                                                          Dated:

           In the matter of:

Mr. Sunita Malhotra

W/o Late Sh. Desh Deepak Malhotra

R/o F-2/25, First Floor,

Sector-15, Rohini, Delhi- 110085                                                 …… Complainant

 

                                   

   Versus

 

 

1.         M/s Dewan Worldwide Holiday

1205, Kailash Building,

Kasturba Gandhi Marg, Connaught Place,

New Delhi-110001.                                                                   …….Opposite Party no.1

 

2.          M/s Dewan Travels Pvt. Ltd.

Through Sh. Surinder K. Dewan

At:- 1205, Kailash Building,

Kasturba Gandhi Mard, Connaught Place,

New Delhi-110001.                                                                …….Opposite Party no.2

 

3.          Sh. Surinder K. Dewan

Managing Director of Dewan Travel Pvt. Ltd.

At:- 1205, Kailash Buiding,

Kasturba Gandhi Marg, Connaught Place,

New Delhi-110001                                                      .…….Opposite Party no.3

 

 

   

MEMBER- H.M. VYAS

ORDER

 

1. The complainant has filed present case under section 12 of the Consumer Protection Act. The complaint is about foreign tour of 14 Night and 15 Days for visit of Nine countries of Europe. The total cost per person was Rs. 2,20,000/- which was paid by the complainant. There is no complaint with respect to entire tour except for dated 18/05/2017. It is alleged that around 11:30am on 18/05/2017, on the way while going from Paris to Titisee (Germany)- Drubba etc, there was a break down in bus. The Bus was taken to nearby work shop. After repairs, the journey was resumed and after about 30 min. of journey, the driver informed the complainant/group that the bus could not go further and stopped on the Highway due to come technical fault.
2.  The tour manager contacted the OP and informed the group that an alternate bus has been arranged from the garage where the bus was got repaired earlier. The bus, therefore, was again taken to the garage where there was no alternate bus arrangement. It was informed by the OP that the coach arranged was small one and big coach was being arranged but ultimately the OP failed.
3. Till 10:30 pm, no alternative bus was arranged. The group member and the complainant was served poor quality of snacks and tea followed by dinner from a nearby lodge whereas the complainant was entitled to snacks and Dinner from the Indian restaurant of good standard. On the protest of the complainant the OP arranged private taxi for the group members who was ferried to nearby lodge. The complainant’s program to stay in Germany was cancelled though all group members had an earnest desire to visit Germany, which is the only AAA rated economy of the world.
4. The complainant was to stay in four star hotel  “Best Western-Hofgut Sterner” in the Black Forest City of Germany but instead, the complainant and group member was compelled to stay in a lodge having no facilities and even proper lift. The tour program of the group member in Germany was cancelled but to create a false evidence the tour manager Sh. Amit Chawla sent a false whatsapp message to all group members on 20/05/2017 at 19:42 giving wrong information about the sightseeing of places of Germany i.e. Drubba, Cuckoo Clock Factory and presentation etc.
5. The group member protested to the said message and gave written complaint dated 21/05/2017 about the suffering faced by the complainant and group members. The tour manager refused to accept the complaint and the same was given to OPs against receipt dated 29/05/2017. The complaint was not given heed by the OPs and on persuasion, a joint meeting was held on 05/07/2017 but the OPs refused to compensate the complainant alleging deficiency in service, the following prayer has been made:-

1. “An amount of Rs. 2,00,000/- for loss of German tour for which complainant has Earnest desire to see and enjoy world famous places of Germany.
2. An amount of Rs. 1,00,000/- as damages for inconvenience which complainant suffered and remained on unknown Highway without any shelter for almost full day of 18/05/2017.   
3. An amount of Rs. 5,00,000/- as damages for metal torture suffered by complainant due to deficiency in services on the part of the OPs.
4. An amount of Rs. 55,000/- as litigation expenses, total amounting to Rs. 8,55,000/-.”

 

6. After notice OP-2 and OP-3 filed written statement/version denying all allegation. It is however, admitted by the OP that there was bus break down on 18/05/2017 while travelling from Paris to Lake Titisee (Germany). The coach started from Paris at 8:15 am for Black Forest, Germany having the total distance of 590 km. At 11:45am, the driver noticed electrical defect and stopped the coach at a rest area on the side of Highway. The tour manager requested complainant to use the time as Lunch break. Packed Indian Lunch as booked by the complainant was served. After discussing the issue with the coach company, the travel driver took the bus to the garage which was about 20 min. drive. The complainant was offered tea, coffee, by the tour manager arranged through the garage.
7. Around 4pm the defect was rectified and journey was resumed for Lake Titsee. Again after driving some distance, the same fault reoccurred. The coach company was contacted who took a decision to send a new coach from Haarlem (Netherlands) which would take around 6 hours to reach the place. Request to garage for the alternative coach for the day use was made. The garage found a small coach which was not suitable for group and the same was returned.
8. It was 7.30pm, although the group dinner was confirmed and paid (non-refundable) at Indian Palace Restaurant at Titsee, which was approximately 280Km, but in such circumstances the OP arranged dinner and snacks at Indian Restaurant nearby and was served at Taj Mahal restaurant at 8.00pm. The complainant and others was informed by the coach company that new bus would arrive at 10.30pm. The hotel at lake Titsee which was pre-booked and amount paid was at the distance of about 3 hours drive from the location. To ensure comfort of the complainant and the group, the OP searched of a nearby hotel at the premium price, which was just 15 min. drive from the location. The said hotel was 4 star “Hotel Novotel Metz Hauconcourt” France. All allegations of the complainant that she was compelled to stay at substandard hotel has been denied. It is stated by the OP that the expenses for stay at Novotel hotel was an additional expenditure on the OPs. The tour manager instead of waiting for new coach, hired taxis from Taj Mahal Indian Restaurant to Novotel. That by 10:30pm new coach arrived but by that time the complainant and group member had ‘checked in’ at new hotel arranged by the OPs.
9. The OP has denied that the visit to Germany was cancelled. On next day that 09/05/2017 the group was informed of the departure time at 9.00am and the group would stop at Lake Titsee, Germany and the sightseeing would also be covered. All the group members resisted for boarding the bus and wanted the compensation then and there. As such the coach started at 10.30am instead of 9.00am. On informing the member of the group by the tour manager, that the bus would stop at  Lake Titsee, Germany, which was on the way and also in sightseeing, the complainant and tour members refused to go to Lake Titsee and wanted to go directly to Switzerland. As per the preschedule program, the coach stopped at Lake Titsee and the complainant was served lunch there in Indian Restaurant, The tour manager request to visit Dubba was refused by the complainant and group members.
10. It is stated that the breakdown of the bus was beyond the control of the OPs and still the OPs served the complainant and other group members in the best way and there was no deficiency in service and fault on the part of OP in such circumstances. Prayer to dismissed the complaint has been made.
11. The complainant has filed replication and evidence by way of affidavit supporting their contention. OPs have also filed evidence by way of affidavit. Both the parties have addressed oral arguments.
12. We has considered the material placed before us and the arguments of the parties with the relevant provisions of law.
13. The main grievance of the complainant are that they are senior citizen and availed an Europe tour with a keen desire to see the Black Forest City, Lake Titsee and Cuckoo-clock presentation. The complainant being old person cannot afford such foreign tour again and their desire to see Black Forest City, Lake Titsee etc. was spoiled at the hands of OP. Not only this the complainant underwent physical and mental harassment for the entire day i.e. 18/05/2017. Further, the tour manager acted maliciously and posted Whatsapp with false information regarding visit of Black Forest City, Lake Titsee etc.
14. In above facts and circumstances, where the complainant being the senior citizen had arranged an occasion to visit Europe countries in group to fulfil their desire also to see and visit the Black Forest City, Lake Titsee etc. the same remained unsatisfactory and fulfill beside physical and mental harassment. It cannot be denied that ailing problems at such senior stage of life usually persisted as also argued by the complainant.
15. In the premise of above, we feel that the complainant should suitably be compensated.
16. It is worth noticeable that no alternative arrangement of bus could be made by the OP on 18/05/2017 and consequently, the schedule programme was hampered beside the entire day consumption in simply arranging for alternative coach and staying at an unscheduled hotel. We therefore, hold the OP to be deficient in service to this extent. The prayer of the complainant cannot be allowed as there is no allegation of any sort in respect of entire tour except the day. We therefore, direct as under:-

1. The OP shall pay Rs. 25,000/- to the complainant for such deficiency in service.
2. We also award compensation of Rs. 20,000/- for physical and mental harassment to the complainant.
3. OP to also pay litigation cost of Rs. 10,000/- to the complainant.

 

The order shall be complied within 30 days of the receipt of the copy of this order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, simple interest at the rate of 9% per annum shall be payable by OP on the awarded amount from the date of this order till recovery of the said amount.

A copy each of this order each be sent to both parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on  09/09/2019

 

                                                       (ARUN KUMAR ARYA)

                                                                 PRESIDENT

(NIPUR CHANDNA)                                                                             (H M VYAS)

            MEMBER                                                                                        MEMBER