KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO: 62/2007 JUDGMENT DATED:28..08..2010. PRESENT SRI. M.V. VISWANATHAN : JUDICIAL MEMBER SRI.M.K. ABDULLA SONA : MEMBER 1. Dr.Indudharan, Additional Professor, Department of E.N.T, Amritha Institute of Medical Science & Research Centre, Amritha Lane, Elamakkara(P.O), Kochi-682026. : APPELLANTS 2. Dr.Mrs.Vijayakumari Indudharan, W/o Dr.R.Indudharan, KVM Hospital, Cherthala. (By Adv:Sri.Thomas Abraham) Vs. M/s Royal Blue Sky Travels & Tourism Pvt. Ltd., 129, 130 1st Floor, Pioneer Towers, : RESPONDENT Marine Drive, Kochi. R/by Managing Director. (By Adv:Sri.V.S.Bhasurendran Nair) JUDGMENT SHRI.M.V.VISWANATHAN : JUDICIAL MEMBER The appellants were the complainants and respondent was the opposite party in OP.509/2004 on the file of CDRF, Ernakulam. The complaint in OP.509/04 was filed alleging deficiency of service on the part of the opposite party in issuing confirmed tickets for the journey of the complainants from Kochi to Amstardam and also from Amstardam to Kochi. The complainants also alleged that there occurred deficiency of service on the part of the opposite party in arranging accommodation for the complainants during their journey from Kochi to Amstardam. The opposite party entered appearance and filed written version denying the alleged deficiency of service. Before the Forum below first complainant was examined as PW1 and a witness on the side of the complainants was examined as PW2. The General Manager of the opposite party was examined as DW1. Exts.A1 to A14 and B1 to B9 documents were also marked on the side of the parties to the said complaint. On an appreciation of the evidence on record, the Forum below passed the impugned order dated:6th July 2005 finding deficiency of service on the part of the opposite party and thereby directing the opposite party to refund to the 2nd complainant, the excess fair collected on her ticket and to pay compensation of Rs.50,000/-. The complainants were not fully satisfied with the amount awarded by the Forum below. Hence the present appeal is filed to get the compensation enhanced. The opposite party was also aggrieved by the impugned order passed by the Forum below. Hence the opposite party preferred Appeal.No.696/05. The Appeal.No.696/05 filed by the opposite party was dismissed by this State Commission as the appellant/opposite party failed to prosecute the appeal. Hence the said appeal was dismissed for non-prosecution vide order dated:15/5/2010. When this appeal was taken up for final hearing there was no representation for the respondent/opposite party. We heard the learned counsel for the appellants/complainants. Based on the evidence on record the Forum below found respondent/opposite party deficient in rendering service and thereby the impugned order was passed directing refund of the excess amount collected and also to pay compensation of Rs.50,000/-. The Forum below has analysed the entire evidence on record and found that the opposite party M/s Royal Blue Sky Travels and Tourism Private Ltd failed to make necessary arrangements for providing accommodation to the complainants during their journey from Kochi to Amstardam. The evidence on record would also show that the complainants suffered inconvenience and discomfort on account of the failure of the opposite party in making necessary arrangements to provide accommodation to the appellants/complainants during their journey from Dubai to Amstardam. It is come out in evidence that there occurred stop over at Dubai for about 12 hours and that the complainants were not provided with the suitable accommodation during the said stop over period of 12 hours. The evidence of PW2 would also make it clear that it was the duty of the respondent/opposite party to make necessary arrangements to provide accommodation during the stop over period. For, the aforesaid inconveniences the Forum below has awarded compensation of Rs.50,000/-. It is to be noted that the complainants could travel from Kochi to Amstardam on the scheduled date and that the complainants could also travel from Amstardam to Kochi on 27/6/2004. But, the complainants were compelled to take executive class ticket for their return journey from Dubai to Kochi. There occurred deficiency of service on the part of the respondent/opposite party in issuing the said tickets for the journey from Dubai to Kochi. In fact the tickets were not confirmed; but the opposite party issued the confirmed tickets with necessary sticker. Considering all these aspects the Forum below awarded compensation of Rs.50,000/-. The complainants could not adduce any acceptable evidence to substantiate their claim for compensation of Rs.4.lakhs. Considering the nature of the inconvenience and dis-comfort suffered by the complainants the compensation of Rs.50,000/- awarded by the Forum below can be treated as just and reasonable. The mere fact that there occurred deficiency of service on the part of the opposite party cannot be taken as a ground to hold that the complainants are entitled for the entire amount claimed by them by way of compensation. The Forum below considered all the relevant aspects of the case including the nature of the deficiency of service and the resultant inconvenience and discomfort suffered by the complainants. We do not find any sustainable reason to interfere with the impugned order passed by the Forum below awarding compensation of Rs.50,000/- with a further direction to refund the excess fair collected on the ticket issued to the 2nd complainant. Thus, the present appeal is devoid of merits and is liable to be dismissed. In the result the appeal is dismissed. The impugned order passed by the Forum below is confirmed. As far as the present appeal is concerned there will be no order as to costs. M.V. VISWANATHAN: JUDICIAL MEMBER M.K. ABDULLA SONA: MEMBER VL. | 
