Tamil Nadu

South Chennai

CC/395/2014

M/s..K.Ramasamy - Complainant(s)

Versus

M/s. Sri Annapoorani Yatra Service - Opp.Party(s)

M/s.Babithasunil

14 Oct 2022

ORDER

Date of Complaint Filed : 25.09.2014

Date of Reservation      : 19.09.2022

Date of Order               : 14.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No. 395/2014

FRIDAY, THE 14^th DAY OF OCTOBER 2022

1. Mr.K.Ramasamy,

S/o.Mr.Karupanna Udayar,

 

2. Mrs.Dhanalaksmi,

W/o.Mr.K.Ramasamy,

 

Both residing at No.3 C,

Nagar square, Forth Main Road,

Jayachandran Nagar,

Medavakkam,

Chennai 100.                                                                   … Complainant

-Vs-

 

The Authorized Signatory,

M/s. Sri Annapoorani Yatra Service,

63, Nadu street,

Mylapore,

Chennai - 4.                                                                 ...  Opposite Party

 

******

Counsel for the Complainant           : M/s. Babithasunil

Counsel for the Opposite Party        : M/s. R.Dhanalakshmi

 

        On perusal of records and upon treating the written arguments as oral arguments on endorsement made by the Complainant, and after hearing the oral argument of the Opposite Party, we delivered the following:

 

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar., B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay each a sum of Rs.50,000/- to be refunded plus Rs.25,000/- collected in excess for the services promised and to pay a sum of Rs.1,00,000/- towards compensation for mental agony suffered by the complainants and deficiency of service and unfair trade practice committed by the Opposite Party and to pay a sum of Rs.10,000/-.

2.     The averments of Complaint in brief are as follows:-

 

Based on services promised by the Opposite Party and promises made in its advertisement, the Complainants approached the Opposite Party for enquiry about the pilgrimage trip to Kailash - Manasarovar. From the time of enquiry and subsequently thereafter, the Opposite Party had promised them the services included in the cost it would provide in the said pilgrimage trip as mentioned in the Pamphlet issued to them. Both of them being senior citizens and apprehensive of going alone to these pilgrim centers due to the difficult terrain and the prevailing conditions in the said pilgrimage centers, were convinced by the Opposite Party after its promises of taking care of all their requirements, help them overcome all the difficulties and problems and help them achieve their lifetime  goal   of  going  to  Kailash -  Manasarovar  as  it  is  the  divine

 

destination for all Hindus. Only upon being convinced by the Opposite Party, they paid a total amount of Rs.1,77,600/-, by way of cheque dated 05.03.2014 for a sum of Rs.24,000/- and by two cheques and by a DD, both dated 01.06.2014 for a sum of Rs.1,53,600/-, for both of them for the said trip as demanded by the Opposite Party which was their life time savings and an accumulation of retirement benefits. The Opposite Party had given a schedule of the trip starting from 13.06.2014. As instructed by the Opposite Party, they had boarded the Rapthisagar Express train at 12.30 midnight on 13.06.2014 at Chennai Central. They have not been informed about the cancellation of the trip originally scheduled on 13.06.2014, of which they have been made to travel from Chennai Central to Nagpur, only at Nagpur they have been informed about the cancellation of entire trip by the representative of the Opposite Party. The Opposite Party was well aware of the cancellation of entire trip on 13.06.2014 at about 7.20 pm itself by the mail sent by Trekkers Society, whereas their departure of train to Nagpur was at 12.30 pm in the Midnight on 13.06.2014, the cancellation of entire trip was informed to the other pilgrimages those who were travelling in flight on 16.06.2014.  Further the representatives of the Opposite Party had given two options either to return to Chennai from Gorakhpur or to join Mukthinath trip. Since their ambition is to visit Kailash – Manasarovar, they had decided to return to Chennai, though the Opposite Party had provided a meagre sum of Rs.3000/- for their return with other two passengers from Nagpur to Chennai, while on return they had penalty of Rs.1800/- to the TTE that too after several negotiations and with hassles of waiting and innumerable traumatic experiences returned back to Chennai. They being the senior citizens, by the unnecessary travel with any purpose from Chennai to Nagpur and return from Nagpur to Chennai had caused them physical and mental harassment by carrying the baggages, loading and unloading the same in the midnight apart from humiliation about not informing the cancellation of the trip to the pilgrimages travelling in train, but informed the same to the pilgrimages travelling by flight on 16.06.2014. For the purpose of their travel they had taken insurance policy for a sum of Rs.3,000/- for a limited period. Thereafter the said pilgrimage trip was reschedule on 04.07.2014 with a promise not to repeat their mistakes and negligence. As rescheduled on 04.07.2014 they reached Tholapani on 09.07.2014. From the departure they were controlled and managed by the representatives of the Opposite Party, who had behaved rude, arbitrary and discourteous. At Tholapani, their bags were not given to them and they were asked to collect their bags by themselves from the third floor where no lift facility was available. They were not permitted to take bath, they were not informed about the programmes in spite of their enquiry, and they along with other 72 group members were made to stay at Tholapani till 12.07.2014 by engaging themselves and there too, the representatives behaved like wardens. On 12.07.2014 they crossed China Border, where three vehicles were arranged with sherbas to help the members, when the food arranged reached them, the group leaders of the Opposite Party found missing and after waiting for a long time out of hungry when the food was distributed among themselves, the representatives intervened and reprimanded them, forced them to sit in a punishing manner in different buses. During their travel in 50 seater bus from China Border to Nyalam, met with an accident due to rash and negligent driving of the driver, of which entire right side glass was shattered which caused fear in their minds and instead of arranging another vehicle, the same vehicle was used with plastic sheets covering the broken windows by shutting the natural and outdoor scenic view. On reaching Nyalam they were informed that they could not be accommodated in Thongba, as already 1000 people were staying, hence they have to leave the place. After routine medical test they were taken to Thongba, where it was informed they could not visit Manasarovar, when the baggages were asked it was informed the same has to come from Tarzen, which made them to wear the same used and soiled clothes after a holy bath at Manasarovar. After a holy trip and pooja at Manasarovar, they reached Tarzen. The representatives of the Opposite Party had dissuaded and discouraged them on pursuing their onward journey despite the fact that most of them had already paid for horses and helpers, as per the tour programme and they had intimidated that as per instructions and at their cost they would take to Katmandu, otherwise the members have to spend themselves Rs.3 Lakhs for visa etc.,. The members who were to visit Parigramma, were forced to travel along with others who were on the way to Emathoothuvar. The representatives of the Opposite Party had not helped them to store and safe keeping the holy water collected from Manasarovar, considered as a treasure, after much pleading the same was safeguarded and carried by them at the mercy of Sherbas and cooks throughout the Journey. Tour programme included three days tour of the Parigramma, for which the members were asked to hire a helper individually at their cost and they had paid a total sum of Rs.40,000/- to the Trekkers Society, being Rs.17,000/- each for horse and Rs.6000/- for both for the helper, the same were hired unconditionally as it involves walking for more than 7 kms and the trekking would be very difficult and programme to Parikramma is jewel in the crown of the entire journey, the programme was shortened to just one day citing various excuses like the need to start for the same in the wee hours, which would not suit the group etc., in spite of collecting for horses and helpers for three days but spent for only one day. They had been refrained from the representatives of the Opposite Party from going to Parigramma on the 2^nd and 3^rd day, in spite of their repeated representations and requests, even when the other members of the group were allowed to go. The 2^nd Complainant was not provided with a horse in spite of having booked for and was asked to walk and after one hour struggle they got a horse that too after making several calls to Opposite Party at Chennai. At the insistence of the representatives of the Opposite Party the sherbas had informed that the 2^nd and 3^rd day to Parigramma was cancelled and they were forced to travel to Tarzen. Only the Sherbas were asked to communicate with the members and not the group leaders directly. No helper was hired inspite of having collected for hiring helpers and only sherbas did the work of helpers and the amounts so collected were taken by the Opposite Party in collusion with the trekkers society. On halt for food and rest at Thodapani, they were asked to climb the roof top of the bus and to collect their main bags, if not found the same would sent to the hotel accommodated by them. On 20.07.2014 they were not accompanied by the group leaders from Katmandu to Gorakhpur and their tickets and a sum of Rs.300/- each for food were entrusted to another member. The tickets that were taken in some ones name and age was wrongly mentioned, they were made to book their tickets at a cost of Rs.6960/- to reach Chennai. The Opposite Party had failed to provide services as promised under the advertisement, as at every stage of their travel they were put to untold sufferings and hardship and the group leaders assigned by the Opposite party were very unfriendly, discourteous and ill mannered and treated them, being senior citizens, very shabbily causing mental torture, agony and hardship. The tour package taken with the Opposite Party out of their life savings to achieve their life time dreams of visiting Kailash – Manasarovar, was with fond hope that the journey would be comfortable and worthy without compromising on quality and safety would be taken care, with customary standards and all other requirements of the travellers, but the Opposite Party due to lack of proper organizing, improper planning, negligent attitude and deficiency of service had caused them hardship and agony, in spite of having collected enormous amount of money from them. On reaching Chennai they have sent a letter dated 03.08.2014 to the Opposite Party narrating the said incidents and for refund of money paid for horses, as there was no response, had sent a legal notice dated 25.08.2014, even there was no response to the same, from the Opposite Party. For all the hardships and miseries faced by them due to the negligent act, deficiency of service and unfair trade practice committed by the Opposite Party, the complaint has been filed.

3.      Written Version filed by the Opposite Parties in brief are as follows:-

          The present case has been filed by the complainant is false, malicious, incorrect and malafide is nothing but an attempt to abuse process of law, as the same has been filed by the complainant to avail undue advantage. They assist for the intended yatries as per the advertisements made in the pamphlets. The complainant very well aware of the tour programmes as per the pamphlets issued to him, they had provided all the amenities. The assured assistance was given to all the yatries as per the advertisement. The complainant was well aware of the fact that the nature of the pilgrim and the difficult terrain and the prevailing geographical and weather conditions in the said pilgrimage centers was explained to him. And no promises made but informed the complaints about the facilities provided to the yatries during the trip. Such facilities were given to all the yatries and they all successfully completed the yatra safely and came back to their home respectively. As per the requirements the complainants paid the fees for the yatra. They do not know that it was his lifetime retirement benefits or accumulation of retirement benefits etc.. and they do not know about the complainant's travel from Coimbatore. The total amount paid by him was Rs. 1,77,600/ was exclusive of to and froyathra fees from Katmandu to Kailas and Manasarovar. All the yatries would assemble at Katmandu and from there only the opposite party would arrange for Kailash Manasarovar Yatra. They do not know or aware how they come to the spot etc.,. They have to come on their own from their residence town/city. Moreover they never demanded any money. They were helping the intended Yatries to proceed towards this Holy yatra. They never assured any such obligation and allegations made were denied, as the documents filed by the complainant would prove the same. It was wrong to allege that the trip was not started as per the schedule etc.,. The documents would speak to that effect. They never assured any promises that the trip would be such as per the advertisements etc. the Complainants would themselves know aware well about the risks involves it was wrong to say that they informed the group who come by flight and not the train group etc.,. The trip was rescheduled as per the situation there prevalent then, according to the Tibetan Border Security Force and mainly Chinese Border Security Force and other natural situations the yatra would be conducted. As per the reschedule the trip was started and all the yatries in that group satisfactorily completed. They do not know about the Inusrance Policy taken, those arrangements were between them and the Insurance Company. The trip started on 07.07.2014. The service of the helpers taking care of their belongings etc., were yatries' responsibilities there to keep the helpers etc., wish and they have to take care about the expenses which was made very clearly before the trip start to all the yatries. Moreover the trip itself starts from Katmandu to Kailash only and it was not as described by the complainant herein. It was their duty as per the information all yarties should assemble or reach at the base camp at Tholapani. The group leaders at Tholapani was very rude, discourteous etc., and not helped in picking up their bags and all the 72 members in that group were forced to stay on 12.07.14 etc., Bajjans with very little or no help and support from the group leaders, during all those days the gourp leaders were very harsh bossy and leaving them with harsh words etc., were vehemently denied herein. With regard to the picking the bags etc were absolutely the responsibility rests on the yatries. They never assured for the baggage of complainants. In the Tour Programme instructions manual it was very clearly given how to co-operate by the yatries with the trip to Mt. Kailash. They, as per the programme Leaf would hand over all the yatries to the places and they would take care. All the yatries were requested to follow the instructions given by the organizers there and all the vehicles as per the prevalent in Mountain area the prescribed vehicles are allowed to ply. Accordingly the group were arranged to board the permitted vehicles and they would organize and take care of the trip. The Complainants have to arrange for the horse or whatever as per their wishes and their capacity to spend accordingly, they assisted them to arrange it.As per instructions it was conducted all stages and places the complainants were explained in detail. They had organized well throughout the trip, the organizers took care all yatries for the darshan and safe return to their home. It is vehemently denied that the collect priorily heavy money and they benefited were high self imagined stories. Moreover it is also vehemently denied that they squander their hard earned money. According to the Border Security of different counties and the weather conditions of the Mountain all the groups were allowed. It was group by group they allow for the darshan and return after the Darshan of Mount Kailash and they were advised to go due to landslide etc., by the group leaders. It depends upon the prevalent situations it was allowed and not as per anybody's wish. About the providing of the horses, it depends upon the availability at that time they can avail the services after payment. It was provided to all the yatries. They would help to arrange for the horses. It was for the complainant to their capacity would get the same. They had compelled and forced the complainants to return Tarzen and collected money to hiring helpers, but without any services they pocketed the money etc., were denied and put to strict proof of the same with proper documents. The allegations that from 17.07.2014 to 19.07.2014 and return back and collection of bags, luggages etc., were not helped by them, in this regard it was submitted that the complainants have to collect their bags and they have to take care their belongings by paying separately to the helpers available there and utilize the services. They never assured the trip other than Katmandu to Mt. Kailash. Other than that as stated by the complainants were denied as they are no way connected in arranging for tatkal or any services. Again the complainants stated that they pocketed their money without any services due to the organizing programmes the Office could not reply and the staffs did not bring to the knowledge of the Manager due to his sickness. As the Complainants had completed the holy and divine trip, there was no question of refund and for mental agony, without any basis which only prove the malafide intention and motive of getting the money etc. All arrangements were made and very clearly the complainant had explained. The entire hill stations a particular type of vehicles only used and not as expected by the complainant. Moreover all the yatries were handed over to the Indo- Tibetian and Chinese border security forces and they arrange as per the prevailing weather conditions there at that time. The allegations with regard to that they did not organize proper without proper planning etc., were not correct. The Complainants exactly explained the situation there that time and as per the wish all the yatries were made to have a dip at Manasarovar lake. They themself admit that fact. But simply alleged that the baggage etc., all the facilities were paid and concentrated by the yatries themselves not the organizing people. Group leaders always helped not only the complainant all the other yatries in a different group organized by them. It was vehemently denied that the complainant underwent only traumatic experiences having paid for spiritual experiences. In fact the complainant and the others had nice darshan trip which the complainant admitted in the complaint. The allegation with regard to that they did not communicate about the cancellation of 2^ndand 3^rdparikrama etc, it the sherpas or the organizing people's guidance only they can go further, only as per the instructions their leaders have to act. The allegations that they did not organize well and he suffered a lot and inspite of spending a lot they failed to provide their services etc, were false. They organized the tour programme for the people who are intend to have kailash darshan with the spirit of divine and not like the complainant's mind set. The Complainant too completed safely the trip and had the blessings of the Holy place. The Mount Kailash yatra cannot be performed by all humans. The following are the few lines about the placement of kailash Mount Kailash is located in a particularly remote and inhospitable are of Tibetan Himalayas. The geographically it's placed Tibet, China and above Nepal and near Lake Manasarovar and Lake Rakshastal. It is a sacred place of Hindus, Buddhists and Jainisms and so on. Various religious believing that visiting or seeing the Holy Mt. Kailash itself will bring good to the Human Kingdom. Moreover circumbulating Mt. Kailash on foot is a holy ritual that will bring good fortune. It is situated at a high elevated 6,638 m and 21,778 ft (Prominance 1,319 m (4,327 ft.) Moreover the way to Holy Mt. Kailash is not as easy as like any other trek. It is in uneven terrain, can go either by lengthy and hazardous trek over the Himalayan terrain. The above trip to Holy Mt. Kailash was totally organized by them alone. As stated in the Pamphlet issued it was within the Rules of Chinese, Tebitian and Indian Government and then prevalent weather conditions everything was arranged. It was not as alleged by the Complainant that False Paper Publication and attractive Pamphlets circulated to the General Public by issuing attractive schemes to lure the Gen. Public in particular the complainant at the time of receiving the advance amount. Failure to provide decent accommodation, boarding and lodging at the time of the Trip as assured and promised by them in the Pamphlet, at the high altitude the question of decent stay boarding and lodging etc., would not arise, as whatever was available there would be organized for the yatries too. Hence prayed to dismiss the complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-20  were marked. The Opposite Parties submitted his Proof Affidavit and Written Arguments. On the side of the Opposite Parties, no documents were marked.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1 :-

It is an undisputed fact that the Complainants had availed the services of the Opposite Party for pilgrimage trip to Kailash – Manasarovar, Scheduled on 13.06.2014. It is also not in dispute that they had paid a total sum of Rs.1,77,600/- for both to the Opposite Party. It is also not in dispute that the said Pilgrimage trip was rescheduled on 04.07.2014 instead of 13.06.2014.

The contentions of the Complainants are that they have not been informed about the cancellation of the trip originally scheduled on 13.06.2014, of which they have been made to travel from Chennai Central to Nagpur, only at Nagpur they have been informed about the cancellation of entire trip by the representative of the Opposite Party. The Opposite Party was well aware of the cancellation of entire trip on 13.06.2014 at about 7.20 pm itself by the mail sent by Trekkers Society, whereas their departure of train to Nagpur was at 12.30 pm in the Midnight on 13.06.2014, the cancellation of entire trip was informed to the other pilgrimages those who were travelling in flight on 16.06.2014.  The Opposite Party had provided a meagre sum of Rs.3000/- for their return with other two passengers from Nagpur to Chennai, while on return they had penalty of Rs.1800/- to the TTE that too after several negotiations and with hassles of waiting and innumerable traumatic experiences returned back to Chennai. They being the senior citizens, by the unnecessary travel with any purpose from Chennai to Nagpur and return from Nagpur to Chennai had caused them physical and mental harassment by carrying the baggages, loading and unloading the same in the midnight apart from humiliation about not informing the cancellation of the trip to the pilgrimages travelling in train, but informed the same to the pilgrimages travelling by flight on 16.06.2014. Thereafter the said pilgrimage trip was reschedule on 04.07.2014 with a promise not to repeat their mistakes and negligence. As rescheduled on 04.07.2014 they travelled and reached Tholapani on 09.07.2014. From the departure they were controlled and managed by the representatives of the Opposite Party, who had behaved rude, arbitrary and discourteous. The representatives of the Opposite Party had not helped them throughout the travel in any manner and they have to take care on their own, even for collecting their bags and luggages. They were not permitted to take bath, they were not informed about the programmes in spite of their enquiry and all were made to stay at Tholapani till 12.07.2014 by engaging themselves and there too, the representatives behaved like wardens. On 12.07.2014 they crossed China Border, where three vehicles were arranged with sherbas to help the members, when the food arranged reached them, the group leaders of the Opposite Party found missing and after waiting for a long time out of hungry when the food was distributed among themselves, the representative intervened and forced them to sit in a punishing manner in different buses. During their travel from China Border to Nyalam, their bus met with an accident due to rash and negligent driving of the driver, of which entire right side glass was shattered which caused fear in their minds and instead of arranging another vehicle, the same vehicle was used with plastic sheets covering the broken windows by shutting the natural and outdoor scenic view. And in Thongba, the visit to Manasarovar was delayed only routine medical test they were taken to Thongba, the baggages were not provided as the same has to come from Tarzen, which made them to wear the same used and soiled clothes after a holy bath at Manasarovar. The members who were to visit Parigramma, were forced to travel along with others who were on the way to Emathoothuvar. The representatives of the Opposite Party had not helped them to store and safe keeping the holy water collected from Manasarovar, considered as a treasure, after much pleading the same was done. Tour programme included three days tour of the Parigramma, for which the members were asked to hire a helper individually at their cost and they had paid a total sum of Rs.40,000/-  to the Trekkers Society, being Rs.17,000/- each for horse and Rs.6000/- for both for the helper, the same were hired unconditionally and programme to Parikramma is jewel in the crown of the entire journey, the programme was shortened to just one day citing various excuses, in spite of collecting for horses and helpers for three days but spent for only one day. In spite of their repeated requeststhey were not allowed going to Parigramma on the 2^nd and 3^rd day though other members of the group were allowed. The 2^nd Complainant was not provided with a horse in spite of having booked for and was asked to walk and after one hour struggle they got a horse that too after making several calls to Opposite Party at Chennai. Only at the insistence of the representatives of the Opposite Party the sherbas had cancelled theParigrammatrip on 2^nd and 3^rd day and they were forced to travel to Tarzen. Only the Sherbas communicated with the members. No helper was hired inspite of having collected for hiring helpers and only sherbas did the work of helpers and the amounts so collected were taken by the Opposite Party in collusion with the trekkers society. On halt for food and rest at Tholapani, they were asked to climb the roof top of the bus and to collect their main bags, if not found the same would sent to the hotel accommodated by them. On 20.07.2014 they were not accompanied by the group leaders from Katmandu to Gorakhpur and their tickets and a sum of Rs.300/- each for food were entrusted to another member. The tickets that were taken in some ones name and age was wrongly mentioned, they were made to book their tickets at a cost of Rs.6960/- to reach Chennai.The Opposite Party had failed to provide services as promised under the advertisement, as at every stage of their travel they were put to untold sufferings and hardship and the group leaders assigned by the Opposite party were very unfriendly, discourteous and ill mannered and treated them, being senior citizens, very shabbily causing mental torture, agony and hardship. The tour package taken with the Opposite Party was with fond hope that the journey would be comfortable and worthy without compromising on quality and safety would be taken care, with customary standards and all other requirements of the travellers, but the Opposite Party due to lack of proper organizing, improper planning, negligent attitude and deficiency of service had cause them hardship and agony, in spite of having collected enormous amount of money from them. On reaching Chennai they have sent a letter dated 03.08.2014 to the Opposite Party narrating the said incidents and for refund of money paid for horses, as there was no response, had sent a legal notice dated 25.08.2014, even there was no response to the same, from the Opposite Party.

The Contentions of the Opposite Party are that the Pilgrimage trip from Kailash to Manasarovar and from Manasarovar to Katmandu, was organized in well manner and with proper planning and thereby the Complainants had completed the holy trip and returned safely. Initially the tour was cancelled on 13.06.2014 due to the weather and other prevailing conditions over there and the same was rescheduled on 04.07.2014 and the trip started from 07.07.2014. It was informed that the Complainants has to take care of the belongings and it was their responsibility to arrange for carrying their bags and luggages, in spite of the same they had arranged to help the Complainants. It was admitted and well explained by the Complainants about their service in the complaint and only as per the instructions of the organizers on the prevailing conditions in that area the services would be provided and accordingly the arrangements were made in proper manner. Darshan of Mount Kailash would be allowed only according to the weather conditions and as such they had arranged and the same could not arranged at the wish of the Complainants. It was contended that with regard to providing of horses, depends upon the availability the same could be availed and it was not as alleged by the Complainants that they had cancelled the visit of Parikrama on the 2^nd and 3^rd day and made the sherbas to announce the cancellation and had taken the money collected for hiring the helpers and the money for arrangements made for 3 days for parikrama visit. It was also contended that they were in no way connected in arranging for tatkal or any services to book for return to Chennai, as they had arranged for tickets and paid for their food, as admitted by the Complainants. It was contended by explaining the details of the Mount Kailash about its placement, geographical area, rules governed and surface, as the same was not easy as any other trek. It was contended that they had provided all the facilities as assured in the pamphlet to the Complainants and they had not caused any mental agony or monetory loss to the Complainants and they had not committed any unfair trade practice or deficiency of service as alleged by the Complainants.

On discussions made above and on perusal of the Exhibits marked by the Complainants, it is celar from Exhibit A-1 that the Opposite Party had assured for Star Hotel stay at Katmandu, High quality vegetarian Food, Arrangements for horse and helper for Grivalam, travel by Super deluxe Hitech vehicles from Katmandu to Kailash and vice versa, etc.,. The Cost mentioned in Ex.A-1 at Rs.75,900/- per individual, was inclusive of all assured facilities in Ex.A-1. There was no dispute with regard to the payments made for the said trip to Kailsah–Manasarovar. As per Ex.A-6 Intimation Letter issued by the Opposite Party, the trip starts by train from Chennai on 13.06.2014 at 11 pm and by flight on 16.06.2014 at 6 am from Chennai Airport, the Complainants boarded train on 13.06.2014 as per the instructions provided by the Opposite Party. As per Ex.A-9 Message sent by Trekkerrs Society to their travel Partner at 7.20pm on 13.06.2014, it was mentioned that “we are not getting permit for our groups entering 18 June & 19 June even after postponing the date to 21 June. We have keep all effort to check and try to get the permit evenfor late 21 June entry but it is not happen success. We don’t feel safe now to try again for another date in June. The group arrival date is close and upon trying if we did not get permit then it will be big trouble and loss rather than cancelling in advance before the group arrival.” From Ex.A-9 it is clear that the Opposite Party had organized the said trip through the said Trekker Society, who had intimated about the cancellation of the said trip originally planned, to the Opposite Party. The Opposite Party in spite of receipt of the same, had failed to inform the Complainants though the Opposite Party very well know that the Complainants would board the train as scheduled on 13.06.2014 only at 11pm as per their Pamphlet, Ex.A-6, instead the Complainants, being the senior citizens were made to travel all along from Chennai to Nagpur and only on reaching Nagpur they have been informed about the cancellation of entire trip and made them to travel back to Chennai with traumatic experiences by paying penalty of Rs.1,800/- as found in Ex.A-10 and also  by loading and unloading their baggages, shows that the Opposite Party had acted in a lethargic and negligent manner. And as the said trip was rescheduled on 04.07.2014, the Complainants joined the trip on 09.07.2014 at Tholapani and the narrations made with regard to the behaviour of the group leaders/representatives of the Opposite Party, though there may be certain hits and buts during travel, but the same cannot be ignored considering the treatment shown on the Complainants, who were senior citizens, which was very well known to the Opposite Party having organized many holy trip. Further from Ex.A-15 the Photographs of the bus travelled by the Complainants met with an accident, which resulted in not enjoying the natural scenes during the travel by the Complainants. Though the Opposite Party had contended that providing of horse and the helper is not their responsibility and only based on the availability the services of the same could be availed, it was clearly mentioned in Ex.A-1 about providing of Horse and helper during Girivalam and the cost of the said services includes in the total cost of Rs.75,900/- per individual, received by the Opposite Party and hence the payment of a sum of Rs.17,000/- each for horse and a sum of Rs.6000/- for the helper for both collected by the representatives/group leader of the Opposite Party is highly improper and further though the said amount of Rs.40,000/- collected is for three days of Parikramma visit, as the same was admitted as cancelled after a day by the Opposite Party, on whatever be the reason, the Opposite Party has to necessarily refund the said amount collected from the Complainants, as they have been compelled to avail the service individually without providing any receipt. Further it has been already experienced by the Complainants on return travel on cancellation made in the Original trip scheduled on 13.06.2014 on the tickets issued to them and which resulted in payment of penalty of Rs.1800/-, in spite of the same, the return ticket booked and issued by the Opposite Party, the age of the Complainants found to be in question, though the names of the Complainants were written in hand, as found in Ex.A-16, the Complainants had booked their tickets at a cost of Rs.6,900/-, as found in Ex.A-17, as it has been contended that the Opposite Party is responsible for the trip from Katmandu to Kailash, and there are not responsible for booking tickets in tatkal or any other services, it is clear that the Opposite Party had received the Payments from the Complainants including their train tickets and having provided a ticket for travel with wrong age of the Complainants, in spite of knowing fully the details of the Complainant, is a gross negligence on the part of the Opposite Party. From Ex.A-18 and A-19, being the Letter dated 03.08.2014 and Legal notice dated 25.08.2014 sent to the Opposite Party, claiming refund of the excess amount collected from the Complainants, though the same were received by the Opposite party, had failed to respond. Hence, we hold that the Opposite Party had acted in lethargic and negligent manner in the case of the Complainants, as discussed above. Therefore, we are of the considered view that the Opposite Party had committed Unfair Trade Practice as well as committed deficiency of service and had caused serious mental agony and monetary loss to the Complainants. Accordingly Point No.1 is answered.

Point Nos.2 &3:-

As discussed and decided Point No.1 against the Opposite Party, the Opposite Party is liable to pay a sum of Rs.50,000/- towards excess payment collected for the services promised and towards refund of amounts collected during travel and to pay a sum of Rs.25,000/- towards deficiency of service and mental agony caused to the Complainants, along with cost of Rs.3,000/. And the Complainants are not entitled for any other relief/s. Accordingly Point Nos.2 and 3 are answered.

In the result the Complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) towards excess amount collected for the services promised and towards refund of amounts collected during the travel, from the Complainants and to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards deficiency of service and mental agony caused to the Complainants, along with cost of Rs.3,000/-  (Rupees Three Thousand Only) towards costs, to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 14^th of October 2022. 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	-	Pamphlets issued by the Opposite Party promising various services during the tour  programme
Ex.A2	-	The 74 group members list who went Kailash Manosarovar tour programme
Ex.A3	-	Route map showing way of Parigramma, Holy Kailash and Manasarovar issued by the Opposite Party
Ex.A4	05.03.2014	Receipt issued by the Opposite Party for the advance amount of Rs.24,000/- paid by the Complainants for the said Kailash Mnasarovar trip
Ex.A5	01.06.2014	Receipt issued by the Opposite Party for the balance amount of Rs.1,53,600/- paid by the Complainants for the said Kailash Manasaovar trip
Ex.A6	-	Intimation letter issued by the Opposite Party to the Complainants intimating the scheduled trip on 13.06.2104.
Ex.A7	-	Intimation letter issued by the Opposite Party to the Complainants intimating the scheduled trip on 13.06.2014.
Ex.A8	-	Intimation letter issued by the Opposite Party to the Complainants intimating the scheduled trip on 04.07.2014
Ex.A9	13.06.2014	Message sent by Trekker's society informing cancellation of tour programme at 7.20 pm on 13.06.2014
Ex.A10	14.06.2014	The penalty paid and the return ticket of the Complainants
Ex.A11	16.06.2014	Requisition letter sent by the Complainant for cancellation of insurance policy
Ex.A12	04.07.2014	Train ticket of the Complainants who boarded the Repthisagar Express from Chennai Central
Ex.A13	-	Permit and along with group members list
Ex.A14	-	Visa copy of the Complainants
Ex.A15	-	Photographs showing pictures of Bus Accident
Ex.A16	22.07.2014	Return train ticket given by Opposite Party
Ex.A17	22.07.2014	Return train ticket of the Complainants taken under Tatkal scheme by the Complainant’s son
Ex.A18	03.08.2014	Letter sent by the Complainants to the Opposite Party informing about all the hardship faced by them during the tour programme along with postal receipt
Ex.A19	25.08.2014	Legal notice sent by the Complainants to the Opposite Party through their counsel and the acknowledgement card received by the Opposite Party
Ex.A20	-	Photocopy of Kailash Manasaovar

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT