BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

04^th DAY OF JANUARY 2016

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to get back Air charges paid to the OP for two seats in a sum of Rs.20,000/- along with 18% interest, also Rs.50,000/- for mental agony & harassment suffered by him and his wife.

2. The brief averments made in the complaint are as under:

The OP arranged North India Tour in the name of Karnataka Heritage Tours and Travels.  After knowing the North India Tour details, the complainant booked two tickets for him and his wife for going and coming back with air facilities from Pokra to Jamsam starting on 15.04.2015 to 09.05.2015 (for visiting Kashi, Nepal, Mukthinath special pravasa).  The complainant has paid a sum of Rs.54,000/- for tour as against Rs.60,000/- on mutual understanding for travelling & coming back to Bangalore with food, accommodation, journey by bus as well as by Train.  The complainant and his wife started journey through Train from Bangalore to Chennai at about 6.00 A.M.  Complainant and his wife have experienced unhappy tour conducted by OP which is totally misguiding tour management.  That since from the date of commencement of the tour, the tour manager Mr.Roopesh, mis-behaved and not on humanitarian basis.  The way of treating who is totally inexperienced in all manner either he has the knowledge of Indian Historical places nor the knowledge about the places as per the tour list is totally nil.  That after reaching Chennai, complainant travelled by GRAND TRUNK Express Train on the same day to Delhi.  The railway authorities allotted lower berths for them by considering the age factor but the OP provided middle and upper berths in the Train to them throughout the journey.  The OPs Manager Mr.Roopesh has not at all obliged for their several requests on the contrary he dodged them in front of other passengers.  While allotting rooms at Delhi and Haridwar including other places he has provided the second and the third floor rooms by neglecting the senior citizenship as well as old aged person’s requests.  As regarding the food aspect poor quality of rice, vegetables and also raw materials due to which most of the tour members have suffered health hazards. 

3. That on 26.04.2015 some of the tour members proceeded to Mukthinatha Yathra by road in the Jeeps, whereas 7 members (including the complainant) stayed back at Hotel only due to Natural calamities i.e., tremors (earthquake) several times and on particular day the meals were not provided to them.  On 27.04.2015 at 18.00 hours at Pokra one of the tour member asked the complainant that if any other places to be seen which are nearby since as there was ample of time left over due to cancellation of Kathmandu visit.  For this complainant suggested that Lumbini – birth place of Lord Buddha.  Mr.Roopesh on overhearing their discussions immediately reacted and over busted on the complainant.  Hence, there was a heated argument between the complainant and Mr.Roopesh and he was about to manhandle the complainant.

4. On 26.04.2015, the Manager of OP, Mr.Roopesh was not at all available anywhere at hotel of Pokra and he came only on 27.04.2015 at 12.00 noon.  Due to this, there was much inconvenience caused to them.  Though natural calamities were continuing, OP Manager arranged to visit Mukthinath Yatra by road i.e., on Jeeps such risk was taken by the Manager, whereas there were 7 members including the complainant and his wife stayed back at Pokra hotel.  On 26.04.2015 as per their fixed tour programme, the tour members were all taken to Pokra – Air base at morning 6.00 A.M for further journey at Jamsam Airport for Mukthinath visit.  At the last moment, they were informed that the Flight has been cancelled and the reasons for the cancellation was not informed by the Manager.  It was very unfortunate and even the OP Manager not handover the Air tickets to the tour members and not even PNR numbers of Air tickets.  The manager of the team was very arrogant and he has not made any enquires with the Air authorities at that time.

5. On 26.04.2015 to 28.04.2015 the situation was very bad due to Tremares, the tour members faced a lot of hardship by staying outside without any shelter.  That all the events which have occurred during the journey were been explained by special notice to Mr.N.S Anand, who is the Managing Director of the above travels on 25.05.2015 by registered post and made a request for refund of Air charges which has been collected from the complainant and for having not travelled from Pokra to Jamsam by Air i.e, Air charges per head Rs.10,000/-.

For the aforesaid reasons, complainant prays for allowing the complaint.

6. Despite service of notice, the OP failed to appear and was placed ex-parte.  Thereafter the complainant filed affidavit by way of evidence and also written submission.

7. Perused the allegations made in the complaint, sworn testimony of the complainant, copies of documents, written submissions and other materials placed on record.

8. The allegations made in the complaint and the sworn testimony of the complainant go to show that the OP deputed a inexperienced and irresponsible Manager along with complainant and troop on North India tour.  It is apparent from the allegations made in the complaint that the said Manager by name Roopesh was not only rude to the complainant and other members of the troop but also misbehaved with them and even went to the extent of manhandling them whenever they questioned his improper attitude towards the senior citizen.  The failure on the part of OP in not providing lower berth to the complainant despite being allotted lower berth by railways during the entire tour must have put the complainant and his wife who are senior citizens to great hardship and inconvenience.  The irresponsible attitude and reckless behavior of tour Manager has caused untold hardship to the complainant.  The manner in which the tour Manager has behaved and his conduct in not providing proper food and proper lodging to the complainant amounts to deficiency of service.  The OP who has deputed such a irresponsible tour Manager is directly responsible for his conduct and is liable to compensate the complainant for mental agony and hardship undergone by him throughout the tour.

9. Admittedly, the complainant and his wife did not travel by Air from Pokra to Jamsam for which each of them have paid Rs.10,000/-.  Due to cancellation of the Flight they could not fly to Jamsam from Pokra.  Therefore, the OP liable to refund the said Air fare of Rs.20,000/- to the complainant.  The complainant after return got issued a detailed notice to the complainant regarding the hardship and inconvenience suffered by him throughout the tour and regarding the reckless, irresponsible behavior of tour Manager, the OP not only failed to respond to the notice and also failed to refund the Air fare of Rs.20,000/-.  The conduct of OP certainly amounts to deficiency of service.  Moreover, the sworn testimony of the complainant stands unchallenged since OP failed to appear and contest the allegations made by the complainant.  We do not have any reasons to disbelieve the unchallenged testimony of the complainant.  The OP apart from being liable to refund the Air fare of Rs.20,000/- to the complainant is also liable to pay compensation to the complainant for deficiency in service resulting in hardship and inconvenience to the complainant and his wife.  In the given circumstances, we are of the opinion that the OP shall be directed to pay compensation of Rs.7,500/- to the complainant together with litigation cost of Rs.3,000/-.   

10. In the result, we proceed to pass the following:

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OP is directed to pay Rs.20,000/- to the complainant together with interest @ 12% p.a from 10.05.2015 till the date of realization.  Further OP is directed to pay compensation of Rs.7,500/- to the complainant for deficiency in service on his part together with litigation cost of Rs.3,000/-.

OP shall comply the order within 30 days from the date of this order.

Furnish free copy of this order to both the parties.

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 04^th day of January 2016)

MEMBER                          MEMBER                       PRESIDENT

Vln* 

COMPLAINT NO.1327/2015

Complainant                 -        Sri. K.M Choudhary,

Bangalore-560 097.

                                          -vs-

Opposite Party              -        M/s. Anand Tourist Corporation,

Mr. N.S Anand,

Managing Director,

Karnataka Heritage Tours and
         Travels,

Bangalore-560 040.

Witnesses examined on behalf of the complainant dated 21.09.2015.

1. Sri. K.M Choudhary,

                 OP    -       Absent

MEMBER                           MEMBER                      PRESIDENT

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