Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainants have filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that Opposite Parties are doing the business of booking and making arrangements for tours for travels under the brand name and style of ‘Make My Trip’. In the month of May, 2017 the complainant planned to go ford vacation towards North-Eastern States i.e. Sikkam and Darjeeling etc for 6 nights and 7 days rip from 17th June 2017 to 23rd June, 2017 and for this, he approached the Opposite Parties to book his trip for Sikkim and Darjeeling and accordingly, the Opposite Parties booked his trip and at the time of booking, the Manager of the Opposite Parties assured the complainant that the trip of the complainant shall be safe, comfortable and memorable one as they will manage the entire trip, hotel bookings, site scene of Sikkim, Pelling and Darjeeling as well as pick and drops facilities for complainant from Bagdogra Airport in West Bengal to Gangtok (Sikkim) as per the schedule mentioned in the confirmation voucher and also assured to provide breakfast and dinner to complainant while living in the hotels and as per their assurance of better arrangements and services complainant got booked he said tour package from Opposite Parties local office at Ludhiana. Further alleges that about 10-15 days prior to the schedule trip for journey, complainant heard in news on the national channel that there is riots and disturbance in the area of Darjeeling and Sikkim, especially in Darjeeling to Bagdora where the flight of complainant has to reach. Complainant immediately contacted to opposite party to postpone the said trip, as there is unpleasant situations in the said area but the opposite party assured to complainant that they are regularly sending the customers to the said places and there is no disturbances at all as being shown in the news and everything is under control of the local government, police and military and complainant need not to worry about the trip as the other passengers are also traveling and accompanying with complainant for the same trip and nobody has postponed the said trip. That complainant was reluctant to go for the said trip, but it was only on the bald and clear assurances of safe journey, the complainant had agreed for the journey and as such as per the schedule of trip complainant started his journey from Ludhiana to Delhi by spending Rs.2000/- approx. and reached at the Delhi airport to board the plane for Bagdora and for the said purpose complainant also spent Rs.12,500/- for booking of return Air Tickets. However, even before boarding for the flight complainant again confirmed about the situation in Sikkim, Darjeeling and West Bengal from the opposite party but again the opposite party assured to complainant that he need not worry about anything as they will be provided with sufficient security at the spot and everything will be done as per planned schedule. That on further confirmations by the opposite party, complainant reached at Bagdogra Airport in West Bengal in the next morning i.e. on 17.05.2017 at about 4 p.m., but the moment complainant reached at the Airport he heard that there has been great turmoil, riots in Darjeeling and the National Highway NH-10 running from Bagdogra to Rangpo has been blocked by the Mob due to riots, as such it was not safe for complainant to travel to Gangtok by car from Bagdogra through the National Highway NH-10. But the taxi driver of opposite party pick the complainant along with other passengers with him to Gangtok and during the entire journey from Bagdogra to Gangtok all the passengers remained under great fear, terror and danger to their life as on the way to Gangtok complainant has seen that the mob is gathering for agitations at number of places and are preparing for causing fire to vehicles and damage to public properties and there is possibility of riots. However the military and police, control the situations after great efforts. But, since i.e. National Highway NH.10, was the only way to reach to Gangtok as such they have to travel under these circumstances. It was however terrible to travel in such situations especially when there was no security available with the Driver to safeguard the lives of the other passengers and complainant and they have to travel for about 5 hours in these circumstances to reach Gangtok and due to this reason complainant could not enjoy any site scene came on the way to Gangtok. Whereas after reaching Gangtok, complainant again contacted opposite party officials and asked them as to why they have called the passengers in such a horrible situations especially when they were aware about the factum of riots in the area of Sikkim and that too when they were not able to provide any sufficient security to them. even after reaching to Gangtok complainant remained under fear and tension instead of enjoying his journey and he has to confine himself in the hotel room about 2 days and then on 20.6.2017 complainant and the other passengers were taken to Pilling, but nobody enjoyed the said trip due to fear and terror. Ultimately opposite party also admitted the bad circumstances and proclaimed that they should not travel to Darjeeling as heavy crowds are gathering on road and they should plan to return their places without visiting Darjeeling. The words of officials created more fear and terror in the minds of all the passengers/ visitors including complainant. It was also terrible for them to go back to Bagdogra for taking the return flight by passing through the same disturbed area of National Highway NH-10. However, the passengers somehow managed to reach Bagdogra under full of fear and terror. No security guard or security equipments were provided to the passengers including complainant during the said journey. Not only this, the parents and other family members of complainant as well as that of other passengers remained under constant fear and terror during the said journey period of complainant, everybody was praying for their That for safe return. Due to the negligent and improper services on the part of opposite party, the journey of complainant from Ludhiana to Gangtok was horrible so that he could not enjoy even a single moment of his journey rather, he has to come back without completing the journey as per schedule in spite of making huge payment by complainant to your company. Had opposite party did not gave false assurances to complainant, then certainly complainant would not have planned to go for such a horrible and terrible journey which he cannot enjoy by spending such a huge money from his own pocket. That opposite party officials have destroyed the plans of complainant with their negligent act and conduct and also due to their deficient and improper services for not providing proper security to complainant at the relevant time. Thus in nutshell whole of the trip of complainant has been disturbed and under compelled circumstance they have to come back to Ludhiana without completing their journey. That complainant also made a written complaint on opposite party official website and shared his bad experiences and negligence on the part of opposite party company which resulted into uncomfortable, enjoyable, horrible and terrible journey for complainant, but no response whatsoever was given by opposite party to the said complaint which was much more complainant for having such a bad experience with opposite party company and moreover opposite party have charged from complainant for the journey of Darjeeling which opposite party has never provided to complainant during the trip. That the complainant faces much humiliation and harassment at the hands of opposite parties. Besides that he also felt ashamed and humiliated before his friends and relatives who question the advisability of the complainant to go for a tour program in such a peculiar situation. Had the opposite parties disclosed the true picture to the complainant he could not have agreed for such tour. But due to the false assurance of opposite parties the entire tour of the complainant has been spoiled and he suffered much harassment, mental tension, agony, pain and economic loss. As such complainant is entitled for the refund of entire expenses borne by complainant amounting to Rs.80,000/- besides compensation for harassment and terror. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to refund the sum of Rs.60,000/- charged by the Opposite Parties alongwith Rs.20,000/- i.e. other expenses for the said journey alongwith interest @ 18% per annum from the date of payment till its realization and also to pay Rs.One lakh on account of compensation for causing him mental tension and harassment besides Rs.20000/- as litigation expenses.
3. Opposite Parties appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed as the complainant has attempted to misguide and mislead this District Consumer Commission. In fact, as per the booking plan, admittedly, the taxi driver of the Opposite Parties picked the complainant alongwith with person and reached Gangtok as per the schedule. Further on 20.06.2017 the complainant and other passengers were taken to Pilling as pee the schedule, however, due to unforeseen and unavoidable situation within the area, the complainant came back to Bagdogra. The main allegation of the complainant is that the whole trip of the complainant has been disturbed and under compelled circumstances, they have to come back to Ludhiana without completing journey. But nowhere in the complaint it has been alleged that no service was provided by the Opposite Parties as per the confirmation voucher rather falsely alleged that it was the duty of the Opposite Parties to inform about the law and order situation in the area. It may not be left without mentioning that it is admitted fact that still during the unpleasant situation within the area, the Opposite Parties tried their level best to own their duties and it is not disputed that the complainant and other passengers travelled through pick and drop facilities and stayed in the hotel. No specific and justified allegation with regard to negligence or deficient services has been made by the complainant against the Opposite Parties and the complainant has totally failed to explain as to how the Opposite Parties were negligent at which/ what stage of providing service on its part and the Opposite Parties were negligent? What was the Opposite Parties supposed to do? Moreover, at no point of time during the said tour, the complainant raised any issue with regard to his safety and security with the Opposite Parties and hence there is no deficiency in service on the part of the Opposite Parties. On merits, Opposite Parties took up the same and similar pleas as taken up by them in the preliminary objections. Hence, the instant complaint is not maintainable and the same may be dismissed with costs.
4. In order to prove his case, the complainant has tendered into evidence the affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C10 and closed their evidence.
5. On the other hand, to rebut the evidence of the complainant, Opposite Parties also tendered into evidence the affidavits Ex.RA alongwith copies of documents Ex.R1 and R6 and closed their evidence.
6. We have heard the ld.counsel for the parties and also gone through the documents placed on record.
7. Ld.counsel for the Complainant as well as ld.counsel for the Opposite Parties has mainly reiterated the facts as narrated in the complaint as well as in their written statements respectively. We have perused the rival contention of the ld.counsel for the parties. The only contention of the ld.counsel for the complainants is that as per the assurance and allurement of Opposite Parties, they have not provided the facilities and arrangements and neither they ever informed the complainant about the alleged riots in the area and due to the negligence and deficiency in service on the part of the Opposite Parties, the trip of the complainant has been spoiled. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that the complainant has nowhere in the complaint ever alleged that no service was provided by the Opposite Parties as per the confirmation voucher rather falsely alleged that it was the duty of the Opposite Parties to inform about the law and order situation in the area. It may not be left without mentioning that it is admitted fact that still during the unpleasant situation within the area, the Opposite Parties tried their level best to own their duties and it is not disputed that the complainant and other passengers travelled through pick and drop facilities and stayed in the hotel. No specific and justified allegation with regard to negligence or deficient services has been made by the complainant against the Opposite Parties and the complainant has totally failed to explain as to how the Opposite Parties were negligent at which/ what stage of providing service on its part and the Opposite Parties were negligent? What was the Opposite Parties supposed to do? Moreover, at no point of time during the said tour, the complainant raised any issue with regard to his safety and security with the Opposite Parties and hence there is no deficiency in service on the part of the Opposite Parties. But we do not agree with the aforesaid contention of the ld.counsel for the Opposite Parties. As per the tour programme, it was the duty of the Opposite Parties to provide all the facilities and information regarding the tour programme which was booked by the Opposite Parties the complainant by charging hefty amount from the complainant and the complainant paid such amount to the Opposite Parties believing that he may not suffer any difficulty during the trip booked by the Opposite Parties. But as detailed above due to the non proper information and guidelines to the complainant to be given by the Opposite Parties, the complainant has suffered great mental tension and harassment. On account of unfair trade practice being carried out by the opposite parties for not providing the facilities as agreed by opposite parties to the complainant, the complainant has suffered a great mental pain, agony, harassment at the hands of the opposite parties. Act & conduct of the opposite parties amounts to gross negligence, carelessness, deficiency in service and unfair trade practice and the complainants are required to be compensated in accordance with law. Facts of the case in hand attract to the ratio of law laid down in Harsharan Singh Versus Country Club India Limited & others decided on 1.4.2015 by the Hon’ble State Commission, Chandigarh, wherein it has been held that complainant is entitled for the refund of Rs. 80000/- which he paid to the opposite parties alongwith interest @ 9% per annum which would cater for compensation on account of harassment and mental agony, suffered by him because of deficiency in rendering service, on the part of the opposite parties.”. It was also held by the Hon’ble National Commission, New Delhi in case titled “Country Club Versus Nirmal Kumar Pandey” vide order dated 22.4.2014 that consumer can seek compensation when club and resort membership turned out to be illusory.
8. In his complaint, the complainant has prayed before this District Consumer Commission to direct the Opposite Parties to refund the sum of Rs.60,000/- charged by the Opposite Parties alongwith Rs.20,000/- i.e. other expenses for the said journey alongwith interest @ 18% per annum from the date of payment till its realization and also to pay Rs.One lakh on account of compensation for causing him mental tension and harassment besides Rs.20000/- as litigation expenses, but we are of the view that the total claim for compensation to the tune of Rs.1,80,000/- appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.40,000/- and we award the same accordingly.
9. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against Opposite Parties and direct the Opposite Parties to pay lump-sump compensation amounting to Rs.40,000/- (Rupees forty thousands only) to the complainant. Compliance of this order be made by Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
10. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible as it could decide the same
Announced in Open Commission at Camp Court, Ludhiana.
