Delhi

New Delhi

CC/1256/2012

R.K. Gupta - Complainant(s)

Versus

M/S. Hi Tours (India) Pvt.Ltd. - Opp.Party(s)

20 Dec 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./1256/2012                                                              Dated :

                                                                                   

                  In the matter of:

1.         Sh. R.K. Gupta

S/o Sh. HarinarayanSethi

R/o 2/532, Malviya Nagar, Jaipur.

 

2.          Smt. SitaKhandelwal

W/o Sh. Siya Ram Khandelwal

R/o D- 409, Siddarth Nagar

Main GatoreRoad, Malviya Nagar, Jaipur

 

3.         Sh. VisheshKhandelwal

S/o Sh. Siya Ram Khandelwal

R/o D- 409, Siddarth Nagar

Main GatoreRoad, Malviya Nagar, Jaipur

 

4.        Dr. Ragini Gupta

D/o Late Sh. Surya Prakash Gupta

R/o F-23, Kantichandra Road,

Shankar Marg, Banipark, Jaipur

 

      5.        Sh. NareshAgarwal

                  R/O E -60, Girdhar Marg,

Siddarth Nagar,

Malviya Nagar, Jaipur

 

6.         Smt. MadhuAgarwal

W/o Sh. NareshAgarwal,

                 R/o E60, Girdhar Marg,

Siddarth Nagar,

Malviya Nagar, Jaipur

 

                                                                                                            ……Complainants

 

Versus

           

1.       Hi Tours (India) Private Ltd.

           33-34 Regal Building, Parliament

Parliament Street, New Delhi.

 

2.         Sh. PremSayal, Directors

Hi Tours (India) Private Ltd.

33-34 Regal Building, Parliament

Parliament Street, New Delhi.

3.        RinkuSayal,

Hi Tours (India) Private Ltd.

            33-34 Regal Building, Parliament

Parliament Street, New Delhi.

 

                                                                              …….Opposite Parties

 

 

 

 

               ARUN KUMAR ARYA - PRESIDENT

                                                                       

                                                                        ORDER

 

As per complainant, it is stated that initially the complainants one to six       opted for the package tour for Kailash Mansarovar Yatra for Rs. 63,000/-       per person.

The complainants made the payments on 25/05/2011 requested the OP-2 to reconstitute the group and to add the name of Vishesh Khandelwal in place of Ms. Radha Khandelwal, one of the members in the group. The same was agreed by OP and asked the complainant to send the passport details of the complainant no. 3. The new entrant in the group in place of Ms. Radha Khandelwal was added accordingly, the name of Ms. Radha Khandelwal was deleted and an amount of Rs. 81,800/- was paid to complainant no. 3.

The complainant no. 3 was in Hyderabad and scheduled his program to join the group at Kathmandu as per package tour. The complainant sent an email on 07/06/2011 i.e. a day before the date of departure and fervently objectedthe cancellationof thetour of complainant no. 3 and asked for the refund of the amount depositedand further to compensate for the mistake committed by OP in the last moment cancellation. The Executive of OP turned a deaf ear over the complaint of complainant. It is alleged that the OP ought to have made arrangements for the complainant no. 3 after the payment was made in advance and also he went to Kathmandu.In such circumstances, the OP-3 had to return back to Delhi and his holidays were wasted due to OP slackness/ carelessness, lapse and deficiency in service. It is also stated that the complainant no. 3, son of complainant no. 2and in sucheventualityof cancellationof OP-3’s tour he was unable to accompanyto complainant no. 2 her aged mother in such pilgrimages.

The complainants reached Kathmandu on 08/06/2010 and were compelled to stay 25 kms away from the city in a lower budget hotel as against the promised four star Hotel Grand in the city. As per assurances, the arrangements for stay was on a twin sharing basis but they were forced to stay i.e. three persons in one room contrary to the promises. It is also alleged that no proper arrangements of the oxygen cylinder was there and the complainants were travelling by road from Mansarovar Lake to Darchin (Kailash Parvat Base Camp), Tibet, China. Several requests to provide oxygen cylinder weremade but requests went in vain. One of the group members Dr. (Ms.) Padmini Guptaaged 48 years died at the base camp of Kailash Parvat due to non-supply of oxygen cylinder. However, OP provided / made arrangement of a car.

It is also stated that the OP took advance money of Yuan 6600 equivalent to Rs. 49,500/-INR for horses to perfom parikarma of Holy Kailash Parvat but due to death of one of the groupmembers, the complainants had to rush backtoKathmanduwith dead bodywithout doing parikarma on China border. The complainants had to make arrangements on their own in hiring a helicopter to airlift the dead body to Kathmandu Hospital. There was no co-operation by the OP norproper arrangements made by the OP in such typical and harsh conditions.

It is obligatory on OP to provide good and requisite services to the complainants as they landed in such a knotty situations for deficiency on the part of OP. The complainants incurred more than Rs. 1 Lakh in transporting the dead body to Kathmandu. The scheduled program was for 14 days but due to improper arrangements of OP resulting in death of one of the group membersthe complainants had to return in 5-6 days and as such the complainants are entitledfor amount paid for lodging boarding for rest of the days for 6 personwhich was not availed.Complainant sent several reminders to OP to compensatefor the mistakes /negligence/ deficiency but efforts went in vain.

The complainant has made the following prayer:-

1. An amount of Rs. 63,000/- for cancellation of the tour package of complainant No. 3 Sh. Vishesh Khandelwal.
2. An amount of Rs. 6,00,000/- to the complainants for revoking the promise of making arrangements in four Star Grand Hotel and for cancellation of the booked horses and for mis-arrangement  made by the OP.
3. An amount of Rs. 2,00,000/- to the complainants for cancellation the return Air- tickets which were got cancelled by the OP.
4. An amount for the cancellation of tour and un-availed facility for 7-8 days by the complainant to the tune of Rs. 50,000/-.
5. An amount of Rs. 50,000/- for the expenses  incurred for taxi and ambulance.
6. An amount of Rs. 10,00,000/- mental agony to the complainant.
7. Pass any other order in the favour  of the complainant as it deems  fit in the eyes  of justice, equity and good conscience.

 

 

The OPs after notice filed their written statement admitting that the complainants paid Rs. 63,000/- per person and an additional cost of Rs. 11,000/- also incurred on local travelling the amount of receipt by OP-1 was 53,300/- leaving the compliance amount. It is stated that the complainantswere negligent in not taking the travel insurancefor outsideIndia which is mandatoryrequirement (The Annexure 1). The complainant did not disclose in the death certificate issued by China/ Tibet officialsthe reason of death in a letter dated 18/06/2011 issue in Indian Act Embassy at Kathmandu (page 63). The death certificate mentions that Ms. Padmini Gupta died due to natural cause. No postmortem was done even in India to ascertain the cause of death.

It is stated that the complainants were provided stay at Hotel Marshyangdi alongwith other persons which is centrally located hotel in Kathmandu.Best services were provided in the hotel. So far substituting the name of one of the group members, the same was initially agreed by the OP but the clearance, visa permitetc was not in the control of OP and was under the domain of Chinese counterpart. As cancellation of all would have resulted in a huge loss, therefore, it was advised to travel in the original group having the same members.

It is stated as per the terms and conditions of booking any cancellationwithin 7 daysprior to the departure date would entail no refund. The complainants had signed the said booking form in advance of the schedule date and was aware of the said conditions. All promised travel arrangements booking of hotels, room reservation, transfers and sightseeingas per the tour package were fulfilled. All allegations have been denied. It was also stated that when Ms. Padmini Gupta started feeling uncomfortable, proper first-aid was provided including oxygen cylinder, the guide rushed them in the car to the only hospital at Darchen( Tibetan Hospital) where Mrs. Padmini Gupta died.The other complainants took up for discharging her from the hospital alongwith the discharge summary and death certificate was issued. The complainants were in a hurry after her death and did not wait for any assistance from the OP-1 and dealt with the Government authorities themselves i.e. Indian Embassy in Nepal/ Tibet. The complainants hired a helicopter on their own for bringing back the dead body at their costs. No doubt, the complainants had to return backearlier from their scheduled program but in case of cancellation seven days or less no refund was possible as the money had already been paid to the overseas supplier i.e. M/s Himalaya Expeditions Inc. – Nepal Adventure company who had refused to refund . No legal notice was received by the OP. Prayer to dismiss the complaint has been made.

The complainant filed rejoinder / evidence by way of affidavit.

The OP also filed evidence by way of affidavit. Both the parties have addressed their oral arguments.

We have considered the material placed before us and the submissions made by parties. The main allegations alleged by the complainant as against the OP confine to non-provision of assured services including proper hotel stay, non-provision of oxygen cylinder in emergency and non-cooperation.

The documents filed by the complainant especially the death certificate issued by the appropriate authorities mention the death as “Natural”. Sheer averments have been made without document on record that the reason of death was due to deficiency of oxygen (non-provision of oxygen cylinder) on the part of OP. In such circumstances, we do not find any deficiency in service on the part of OP for the supply of oxygen cylinder. The death certificate of Ms. Padmini Guptamentions the cause of death as natural. The return of the complainants due to the death of one group member is not attributable to any alleged deficiency in service or non fulfillment of assured services. Further the OPs were requiredto make the arrangements/payment well in advance to the tour members but it could not be availed by the complainants in the exigencies of circumstances not attributable to the OP.

In view of above discussions, we do not find any deficiency in service on the part of OP and as such the complaint is dismissed.

A copy of this order be sent to each party free of cost by post as per statutory requirement.

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

File be consigned to record room.

Pronounced in open Forum on    20/12/2019.

 

 

 

                                                        (ARUN KUMAR ARYA)

                                                                   PRESIDENT

 

           (NIPUR CHANDNA)                                                                       (H M VYAS)

                  MEMBER                                                                                      MEMBER