Date of Filing: 12-05-2016
Date of Order:24 -06-2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER
Monday, the 24th day of June, 2019
C.C.No.253 /2016
Between
E.Phanindra, S/o.E.Narender,
Aged about 31 years, Occ: Business,
R/o.H.No.11-1-940/1/1,
Seetaram Bagh, Old Mallepally,
Hyderabad ……Complainant
And
M/s. Eezy 2 Travel,
No.B2, 2-2-7/5/A, D.D.Colony,
Amberpet, Hyderabad – 500 007
Rep. by its Proprietor Smt.Vidya Reddy ….Opposite Party
Counsel for the complainant : Mr.CH.Ravinder
Counsel for the opposite Party : Mr.K.Naumene Suraparaj
.
O R D E R
(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint has been preferred under Section 12 of C.P. Act of 1986 alleging that the opposite party committed deficiency of service by failing to book diamond class rooms for five days to the complainant and his family members as a result of it complainant and his family members suffered mental agony and entire tour programme could not be enjoyed by them hence a direction to the opposite party to refund the amount of Rs.1,03,500/- paid towards cost of the tickets of four members and to pay a sum of Rs.50,000/- as compensation for causing mental agony, stress and discomfort and cost of this complaint.
- The complaint averments in brief are that the opposite party is in the business of tours and travels by providing packages to the tourists. The complainant in order to visit Lakshadweep Islands with family members searched the Website and noticed opposite party is the authorized agent for booking seats to Lakshadweep. Hence he approached opposite party and asked to book seven (7) tickets i..e, six (6) adults and one (1) children and paid a total sum of Rs.1,73,880/- towards Samudram package Diamond class tickets for five days. The package includes diamond first class accommodation comprising two bedded bed rooms with attached toilet in M.V.Kavaratti ship and tour for visiting three Islands namely Kalpeni, Mini coy, Kavaratti Islands etc. On reaching Cochin the tours commenced and schedule was from 29-10-2015 to 02-11-2015.
The complainant and his family members reached the cochin by flight and boarded the ship. The captain of ship provided only one diamond class room for two people with children and for the rest of the four people provided with second class ordinary rooms stating that tour operator booked only one diamond class room and for the four people ordinary 2nd class rooms were booked. The efforts of the complainant to convince the captain of the ship that he paid the money for three diamond class rooms and is entitled for accommodation were ended in futile. Complainant contacted the opposite party from the ship itself and explained the issue with a request to do the needful and see that three diamond class rooms are provided as he paid the amount for it. But there was no proper response from opposite party and on the other hand advised him to adjust with the available accommodation. The opposite party expressed his helplessness saying that due to some mistake the said inconvenience is caused and at that juncture he cannot do anything. The complainant contacted opposite party ten (10) times on phone from ship but it was of no use. In the mean time ship started and entered into sea. The complainant’s four family members were made to travel in the second class rooms for entire tour schedule of five days. The accommodation provided for the four people was un-hygienic condition with lot of smell in the room and infact rooms were congested and were not in good condition . It was practically impossible to sleep for four persons in the small congested room with huge luggage. Since the complainant booked diamond class rooms carried huge luggage hoping that diamond class rooms will be spacious. The complainant and his family members could not enjoy the tour and the very object of going to Lakshadweep Island was defeated because of sheer negligence and deficiency of service on the part of the opposite party who collected the fair for three diamond class rooms. The complainant intentionally booked only one diamond class room as is evident from the ship tickets. Hence it cannot be said that the said booking was result of a mistake.
During the tour programme in the morning hours ship starts from different Islands and complainant and his family members spent sleepless nights because of nature of accommodation provided. The second class rooms were not comfortable even to take rest for getting about good sleep. The complainant paid huge amount for booking diamond class rooms with opposite party who fails to book the rooms as agreed while collecting the amount. Hence after completion of the tour programme the complainant got issued a legal notice on 27-11-2015 to opposite party calling upon him to refund the amount of Rs.1,03,500/- collected towards for four members who were to travel in the second class room which was in unhygienic condition with lot of smell. It is further asked the opposite party to pay an amount of Rs.50,000/- as damages for causing mental agony and stress. The opposite party instead of complying the demand got issued a reply for false and untenable allegations in order to avoid from responsibility and liability and to cover-up his mischief’s.
The claim of the opposite party in the reply notice that he requested the complainant and his family members not to board the ship and return to Hyderabad and the undertook to pay the entire travelling expenses from Hyderabad to Cochin and back to Hyderabad is totally false. The opposite party never made such request and infact he did not respond properly for the grievance of the complainant in spite of making several phone calls from the ship.
The complainant arranged the holiday trip 6 months back and booked the tickets and made all arrangements but he and his family members forced to travel in the ship and they could not enjoy the tour programme. The very object of paying huge amount of Rs.1,73,880/- was lost. Hence the present complaint for the reliefs stated supra.
- Opposite party while admitting booking of tickets by the complainant tour programme of Lakshadweep Island denied the allegations of deficiency of service and liability to refund the amount and to pay damages. The defence set out in the written version is that the complainant paid an amount of Rs.1,73,880 towards Samudram package Diamond class tickets for five days to travel to Lakshadweep Island. The said amount was paid for seven tickets Six (6) adults and one children. The package consists diamond class comprising two bedded bedrooms with attached toilets etc and that up to Cochin the complainant had to bear his own expenditure and from there the tourist package starts . The tour was scheduled from 29-10-2015 to 02-11-2015. Initially he booked six tickets totaling to an amount of Rs.1,55,250/- but in the month of September the complainant added another ticket for the child costing to Rs.18,700/-. It is fact that the captain of the ship provided only one diamond class room for two people along with their baby is not at all true. Captain of the ship is not at all involved in the allotment of the accommodation and same was done by booking manager. Initially complainant, his wife and daughter were allotted in diamond class room of Cabin No.425 and 563 for the remaining four people accommodation was provided in the gold class room instead of diamond class room accommodation which was promised. It is a fact that the complainant is entitled for three diamond class rooms as he paid money for the same but accommodation could not provided as promised. The complainant alone is responsible for it. He has to pay tour charges at least 15 days before commencement of tour. But he made balance payment just three days before schedule travel. The accommodation allotted by the tour operator on a first come first serve basis. Complainant contacted opposite party from ship and explained the situation. The opposite party put his best efforts to speak to reciprocal tour operator . But the reciprocal tour operator expressed his helplessness as all the other diamond class rooms were already booked and occupied by the time the complainant arrived at Cochin. The complainant was explained on phone either to adjust in the gold class room that was provided in lieu of the diamond class room so that the difference of fare could be refunded to the complainant or in the alternative go back to Hyderabad so that the opposite party would reimburse the cost of flight tickets for all the seven people from Hyderabad to Cochin and back to Hyderabad. But the complainant choose to travel and complete the tour in the accommodation that was made available in the ship.
The non-allotment of the diamond class tickets to four of the family members of the complainant was on account of non-payment of balance tour charges on time. Hence he could not comply the original agreed terms of booking. The complainant allegation that his family members faced lot of inconvenience and entire tour programme of five days suffered mental agony and torture due to unhygienic condition and that there was lot of oil smell in the allotted room is false and blatant lies and are invented only for the purpose of filing of this complaint. The different between a diamond class accommodation and gold class accommodation is that diamond class rooms consists two beds and the gold class room consists of four beds. Diamond class rooms is smaller as compared to the gold class room. The hygienic conditions of diamond class room and gold class rooms is one and the same without any difference. The rooms on a ship are restricted by small space and complainant should have applied his wisdom and commonsense and should have travelled with lighter luggage and he cannot express inconvenience saying that he carried huge luggage.
The complainant completed the tour and returned to his home town on 02-11-2015 did not raise any protest initially. After lapse of 1 ½ month of the tour programme he got issued a legal notice with baseless, exaggerated and frivolous claims only for the purpose of indulging in frivolous litigation. The opposite party had fairly agreed to refund the difference of fare between the gold class and diamond class rooms for four passengers who travelled in the gold class tickets in spite of paying for diamond class fare. But the complainant made demand for the refund of the amount paid with damages having enjoyed the trip and completed the tour. Hence the question of refunding the entire money paid does not arise. The complainant failed to demonstrate as to what mental agony and stress he faced to demand an amount of Rs.50,000/-. The claim of the complainant that he arranged family holiday trip six months earlier to schedule travel and made arrangements and booked tickets is false. The trip was scheduled to start on 29-10-2015 the confirmation of the trip was given him by opposite party only three days before the schedule start of the trip as the balance of tour charges were paid on 26-10-2015, hence this claim of the complainant was false. Complainant paid megre amount of Rs.20,000/- on 21-7-2015 as against 50% of the total tour charges of Rs.1,73,880/- for 7 tickets he paid another sum on 28-08-2015 and additional amount of Rs.18,700/- on 28-09-2015. As per the required policies of Lakshadweep tourism the complainant was to pay entire tour charges of Rs.1,73,880/- at least 15 days before the commencement of the tour but he has not paid accordingly. Hence there was no deficiency of service on the part of the opposite party and complainant cannot claim refund of the entire amount and damages.
In the enquiry the complainant got filed his evidence affidavit reiterating the material facts narrated in the complaint and to support the same he got exhibited five (5) documents. Similarly for the Opposite Party evidence affidavit of its Proprietor Smt N. Vidya Reddy got filed and this evidence affidavit is the replica to the defense set out in the written version. She too got exhibited nine (9) documents. None of the documents placed on the record by both parties are not in dispute. Both sides have filed written arguments.
On a consideration of material available on the record the following points have emerged for consideration .
- Whether the complainant could be able to substantiate the allegation of the deficiency of service on the part of the opposite party ?
- Whether the complainant is entitled for the amounts claimed in the complaint?
- To what relief?
Point No.1: The only controversy is with regard to providing of accommodation to four of the family members of the complainant in the second class rooms though he booked seven (7) tickets for the travelling in the first class on ship. Opposite party has not denied the booking of all the six adults and one baby ticket in the Diamond class rooms on ship. He also admitted that accommodation as booked by the complainant could not be provided for four of the family members and the reasons assigned by the Opposite party is the complainant alone is to be blamed for it. Because he was expected to pay total cost of the tickets at least 15 days prior to the schedule departure of the ship from Cochin but he paid the balance of amount for the tickets just 3 days before the departure of ship and as per the protocol the allotment of the rooms was first come first service basis and by the time the complainant landed at Cochin except one Diamond class room rest of the Diamond class rooms were booked and occupied by other travelers. Opposite party also admitted that the complainant contacted him from ship and efforts made by himself with the Manager of the Tour programme for allotment of two other Diamond class rooms to the complainant and his family members were ended futile and they were already occupied by other travels who booked earlier.
To what extent the defense of the Opposite party to be seen now. As already said the document filed by the both the parties are not in dispute by them. Ex.A1 is the letter of confirmation from the Opposite party to the complainant confirming for the travel of the complainant and his family members to Lakshadweep by M.V. Kavaratti for 6 adults and one child in Diamond class. This confirmation mail also mentions that full amount of the tour was received from the complainant. The complainant and his family members were asked to report at Lakshadweep by 7.00P.M on 29-10-2015. This mail was sent by the Opposite party on 26-10-2015 at 7.40 P.M i.e, about three days prior to schedule departure of ship from Cochin port. The Opposite party stand that since the complainant could not pay the total amount for the three diamond class rooms 15 days prior to schedule departure and he paid part of the amount just three days prior to the schedule departure is true then what made him to send Ex.A1 confirmation mail on 26-10-2015 confirming travel of the complainant and his family members in diamond class rooms is not explained. For nonpayment of total amount 15 days prior to the departure schedule of ship is mandatory nothing prevented the Opposite party to intimate that as he has not paid the total amount 15 days prior to the schedule departure from the Cochin port he cannot be accommodated in three diamond class rooms. Having confirmed the travel of the complainant and his family members to Lakshadweep in the notified ship of diamond class room it is not open to the Opposite party at this stage to say that as the complainant has not paid the total amount 15 days prior to the departure schedule the accommodation for four members in the diamond class room could not be made available.
The other plea taken by the Opposite party is that when the complainant contacted him from the ship and informed that he was not allotted three diamond class rooms as agreed they were asked to return Hyderabad and he agreed to reimburse the amount spent from Hyderabad to Cochin and back to Hyderabad. Had it been so the Opposite party could have sent a mail or a phone message to that affect but no such material is placed on record. Hence this stand of the Opposite party at this stage cannot be believed.
Even if it is admitted that the complainant was expected to pay total amount 15 days prior to the departure of ship and he paid a part of the amount just three days prior to the departure of ship is true still the Opposite party cannot escape his liability to provide accommodation as communicated in Ex.A1 mail to the complainant. It is not as if the complainant departed from Hyderabad on 26-10-2015 by which time Ex.A1 confirmation was sent by Opposite party. If the diamond class rooms were already booked by other travelers the said fact could have been within the knowledge of Opposite party by the time of sending of mail in Ex.A1 and should not have sent Ex.A1 confirmation mail. The confirmation mail Ex.A1 speaks that at some place there was mis-communication between the Opposite party and the manager of the operator of the ship for which the Opposite party alone is to be blamed. It is not in dispute that basing on the Ex.A1 confirmation mail only the complainant and his family members departed from Hyderabad and reached the Cochin before schedule departure of the ship on 29-10-2015. Had the Opposite party has not dispatched Ex.A1 confirmation mail the complainant and his family members would not have departed from Hyderabad. Having sent confirmation mail Ex.A1 the Opposite party has no voice to say at this stage that since the complainant has not pay the total amount payable 15 days prior to the travel it could not accommodate in the diamond class rooms. Hence the point is answered infavour of the complainant.
Point No.2: Since there was deficiency of service on the part of the Opposite party who agreed to provide accommodation to the complainant and his family members in three Diamond class rooms and collected amount for it but failed on this aspect. Hence the complainant is entitled for differential amount from diamond class room to golden class room with interest thereon at 12% P.a from the date of departure of the ship to the date of payment. The opposite party further liable to pay a sum of Rs.25,000/- towards compensation for causing inconvenience and other hardships to four of the complainant’s family members by not providing agreed accommodation. Accordingly point is answered.
Point No.3: In the result, the complaint is allowed in part directing the opposite party
- To pay to the complainant differential amount from diamond class room to one golden class room with interest thereon at 12% P.a from the date of departure of the ship to the date of payment.
- Further to pay to the complainant a sum of Rs.25,000/- towards compensation for mental agony and inconvenience
- To pay cost of the complaint at Rs.5,000/-
Time for compliance : 30 days from the date of service of this order
Dictated to steno, transcribed and typed by her, pronounced by us on this the 24th day of June , 2019
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Exs. filed on behalf of the Complainant:
Ex.A1- confirmation letter send by the opposite party through e-mail dt.26-11-2015
Ex.A2- ship tickets along with boarding passes dt.29-10-2016
Ex.A3- legal notice dt.27-11-2015
Ex.A4- postal receipt dt.27-11-2015
Ex.A5- reply to the legal notice on behalf of opposite party dt.05-01-2016
Exs. filed on behalf of the Opposite party
Ex.B1- Email to the complainant dt.18-07-2015
Ex.B2- statement of account of the opposite party
Ex.B3- Email from opposite party to complainant
Ex.B4 – letter from M/s. Seagate holiday homes
Ex.B5- Email to complainant by opposite party
Ex.B6- guidelines for recognition/Renewal as an approved Travel Agent
Ex.B7 -photographs
Ex.B8- letter from Lakshadweep tourism dt.20-02-2017-(Certificate)
Ex.B9- email from complainant to opposite party dt.22nd July 2015
MEMBER PRESIDENT
