Order No.  11  dt.  18/11/2019

        The case of the complainant in brief is that the complainant being attracted with an advertisement issued by o.ps. a tour organizer that special care to be taken for the old aged person and accordingly, the complainant contacted the o.ps. She came to learn that for Mizoram tour the cost and itinerary of the said tour was Rs.25,000/-. The complainant paid the said amount. On 6.10.18 o.ps. arranged a get-together and they disclosed the itinerary which was absolutely hectic and tough for the complainant considering her age and health. The said tour also mentioned 250 km journey on a single day and also 3 km trekking through the jungle on the 5^th day of itinerary. The complainant requested the o.ps. to re-modify the said tour and exempt her from trekking and others hectic trouble as she is a single old lady and she will not be able to undergo of such hardship of the said journey. The complainant requested the o.ps. to make arrangement for hotel stay on that date for which o.ps. demanded Rs.15,000/- additional which the complainant was not in a position to pay and the complainant informed the said fact by a letter dt.12.10.19 and requested the o.ps. for refund of the entire money which she had paid for the said tour. The o.ps. informed the complainant that they will refund the money after a few days, but the money was not refunded, for which the complainant sent lawyer’s notice to o.ps. but no fruitful result was achieved. Thereafter the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.25,000/- as well as compensation and litigation cost.

            The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant booked the Mizoram tour on 30.10.18 and also paid the balance amount of Rs.10,000/- on 11.6.18. At the time of booking o.ps. provided all details regarding the tour and gave her the day wise itinerary. After knowing of the details regarding the tour, booking and cancellation policy she agreed with everything, signed and booked the said tour. On 22.9.18 she paid an amount of Rs.15,000/- nd with all the documents including photos for inner line permit. The complainant attended the get-together at 6.10.18 along with other 14 members of the said group. The o.ps. handed over the air ticket and ILP to her, she also accordingly received many gifts from o.ps.  Suddenly 7 days before of the said trip she wanted to cancel it, but during that period o.ps. made all payments to car, hotel, etc. and they also paid for air ticket and ILP for the complainant. The o.ps. conducted the trip successfully on 5.11.18. The group members were of mostly senior citizens and one of them was around 80 years old. The complainant in order to manufacture the case has made false allegation against the o.ps. and on the contrary, o.ps. suffered los due to her cancellation of the trip, as a result her room met was offered single room at additional cost. It was further stated that there is no deficiency on the part of o.ps. and as such, o.ps. prayed for dismissal of the case.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant wanted to avail the tour conducted by o.ps.?
2. Whether the complainant expressed her desire to cancel the tour?
3. Whether o.ps. made arrangement for the said tour including payment of hotel charges, air fare, etc.?
4. Whether there was any deficiency in service on the part of o.ps.?
5. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that in the advertisement issued by o.ps. it was categorically stated that special care would be taken for the old and aged person. On believing such advertisement the complainant contacted the o.ps. and the o.ps. agreed to provide the tour to the complainant at a cost of Rs.25,000/-. The complainant paid the said cost, on the date of get-together the complainant came to learn that there would be hectic journey and the said tour also includes 250 km journey on a single day and the tourists have to carry their own luggage and belongings, no help of cooli will be provided to them. The complainant on knowing such fact informed the o.ps. that she cannot endure such hectic tour and requested the o.ps. to provide a hotel accommodation for which o.ps. demanded Rs.15,000/- extra which the complainant refused to pay and the complainant, thereafter, sent a letter on 12.10.18 for refund of the money, but refund was made. Afterwards the complainant sent lawyer’s notice, but no fruitful result was achieved, for which the complainant filed this case. Ld. lawyer for the complainant argued that the o.ps. in their examination in chief added some new  facts which were not included in the w/v. On the basis of the said fact ld. lawyer for the complainant relied on a decision as reported in 2009 (2) CPR 256 wherein it was held that it is well settled principle of law that no statement can be entertained in evidence beyond pleadings. Ld. lawyer also pointed out question no.4 of the questionnaire which was not answered by o.ps. clarifying the points raised by the complainant. The o.ps. have claimed that 14 persons wanted to avail the said tour, but o.ps. did not disclose the name of those persons including the aged person whom the o.ps. claimed that the tourist was of aged 80 years old. Since the evidence adduced by the complainant has not been categorically challenged by o.ps., only denied the same and evaded the answer proper manner, therefore, the questions put by the complainant has remained unanswered. The complainant cancelled the tour on 12.10.18 i.e. 19 days earlier and in their pleading stated that as per the booking form it was categorically stated by o.ps. which was not signed by the complainant and in the said agreement it was categorically stated that in case of cancellation terms and conditions 30 days before the departure 60% of the amount would be refunded and in case of 29 days to 15 days before departure 50% of the package amount would be refunded. The complainant categorically stated that said percentage was manipulated by o.ps. in their booking form. In view of the said fact since the complainant suffered because of not refunding the amount, therefore ld. lawyer for the complainant prayed for refund of the amount as well as compensation and litigation cost.

            Ld. lawyer for the o.ps. argued that the complainant booked the Mizoram tour on 30.10.18 and also paid the balance amount of Rs.10,000/- on 11.6.18. At the time of booking o.ps. provided all details regarding the tour and gave her the day wise itinerary. After knowing of the details regarding the tour, booking and cancellation policy she agreed with everything, signed and booked the said tour. On 22.9.18 she paid an amount of Rs.15,000/- with all the documents including photos for inner line permit. The complainant attended the get-together on 06.10.18 along with other 14 members of the said group. The o.ps. handed over the air ticket and ILP to her, she also accordingly received many gifts from o.ps.  Suddenly 7 days before of the said trip she wanted to cancel it, but during that period o.ps. made all payments to car, hotel, etc. and they also paid for air ticket and ILP for the complainant. The o.ps. completed the trip successfully on 5.11.18. The group members were of mostly senior citizens and one of them was around 80 years old. The complainant in order to manufacture the case has made false allegation against the o.ps. and on the contrary, o.ps. suffered loss due to her cancellation of the trip, as a result her room met was offered single room at additional cost. It was further stated that there is no deficiency on the part of o.ps. and as such, o.ps. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant is an aged lady and on being attracted by the advertisement made by o.ps. that special care would be taken for the aged persons the complainant made contact with o.ps. for the tour at Mizoram conducted by o.ps. The complainant has also attended the get-together arranged by o.ps. on 6.10.18 and on that date she came to learn the details of itinerary and she got the information that the journey would have to be made 250 km per day including 3 km trekking through the jungle and the bag and baggage would have to be carried by the tourists themselves. The complainant on getting such information requested the o.ps. to provide the hotel for her for the 4^th and 5^th day and for which o.ps. demanded Rs.15,000/- extra which the complainant refused to pay. Ultimately the complainant had to send a letter to o.ps. asking for refund of the amount since she wanted to have the cancellation of the said tour on her part. The o.ps. did not give any reply, ultimately lawyer’s notice was sent by the complainant, but no fruitful result was achieved, for which the case was filed. It appears from the materials on record that o.ps. tried to introduce some facts in the evidence which were not pleaded in the w/v, therefore the evidence adduced by o.ps. cannot be taken into consideration. It is an admitted fact that the complainant is an aged lady more than 65 years and she wanted to avail the said tour by herself and without any assistance or any relative accompanied her. Therefore, it was quite difficult for her to avail the said tour, particularly when she came to learn that there would be hectic journey during the said tour. It is pertinent to mention here that o.ps. could not produce any cogent evidence to show that they booked the room in the hotel for the complainant and also incurred further expenses for the complainant including the transportation cost, though the complainant informed the said fact to o.ps. 19 days prior to the date of journey. In view of the said fact since o.ps. failed to refund the amount and no cooperation was provided to the complainant in spite of bringing the difficulties she may face in the said journey and which she also brought to the notice of o.ps. therefore we hold that there is deficiency in service on the part of o.ps. and the complainant will be entitled to get back the amount paid by her along with compensation and litigation cost. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.06/2019 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.25,000/- (Rupees twenty five thousand) only to the complainant along with compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.