Order No.  14  dt.  12/09/2019

        The case of the complainant in brief is that the complainant and his wife visited Russia to watch World Cup Football, 2018 from 29.6.18 to 13.7.18. The arrangements were made by o.ps. which included air tickets, match tickets, travel within Russia, hotel stay, food, etc. The complainant and his wife visited Nizhney, Moscow, Kazan, Samara, St. Petersburg as the matches were held in different cities of Russia. The complainant and his wife had serious problems during their stay in Kazan and Samara. The complainant also stated that he paid in advance in two installments each of Rs.3 lakhs and he was informed by the tour coordinator of o.ps. Ms. Pritha on the morning of his trip to Kazan on 4.7.18 in Moscow that their room in Kazan and Samara could not be confirmed and the complainant and his wife will have to stay in Kazan and Samara (5 nights) in separate rooms. For 3 nights in Kazan, the complainant and his wife had to stay in separate and share rooms with unknown strangers. It has also been  stated by the complainant that on 5.7.18 the complainant through internet booked double bedded room in the same hotel in Samara where they stayed on 7^th and 8^th July and got confirmed reservation. This only proves that o.ps. did not make any effort to get the required accommodation for the complainant. When the complainant confronted Ms. Pritha on 6^th July regarding this mismanagement on her part she kept silent. On the same evening within one hour of such inaction on the part of the said tour coordinator she readily made arrangement for separate room for the complainant and his wife in the Kazan hotel. Such action on the part of the said tour coordinator was not accepted by the complainant. Such action on the part of the said tour coordinator established the fact that the entire crisis could have been avoided if o.ps. had been more sensitive about its commitment to the customer. Such casual approach on the part of o.ps. vis-à-vis action taken by the tour coordinator made the tour of the complainant and his wife  mental agony to both of them. The complainant wanted to cut short his trip in Kazan and come back midway, but could not as the air tickets were not refundable. The complainant after return from his tour wrote a letter to o.ps. making allegation against the inaction on the part of the tour coordinator as well as o.ps. for making false promise to the complainant and the complainant ought to have informed the fact of such accommodation problem before the departure from India to visit Russia for seeing the World Cup matches. Since the complainant faced tremendous mental agony and he had to bear the huge expenses for such tour, but the service provided by o.ps. was not up to the mark and the accommodation provided to the complainant was not inconformity with the assurance given to the complainant at the time of entering into the contract with o.ps. In view of the facts and circumstances as stated above the complainant has emphatically stated that there is deficiency in service on the part of o.ps. for which he filed this case praying for direction upon the o.ps. to pay compensation of Rs.1 lakh, proportionate refund of the amount paid by the complainant i.e. Rs.2 lakhs and litigation cost of Rs.20,000/-.

            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 instead of contacting with o.ps. directly to discuss and finalize all matters related to his tour in question preferred to deal with them through one Tanmay Sengupta. On the request of said Tanmay Sengupta registration was made and acceptance of the booking was done and requisite documents were also received through said Tanmay Sengupta. On 8.3.18 after three months said Tanmay Sengupta made request for booking of the 4^th member of the group and sent the required documents to create the Fan ID. Since the arrangements of hotel booking and other things were doe on 5.12.17, therefore the availability of additional room in the city of Kazan and Samara could not be arranged. The o.ps. all through contacted said Tanmay Sengupta and he was informed their inability to arrange addition al twin room for the city of Kazan and Samara. The said fact was informed to said Tanmay Sengupta and he requested the o.ps. to continue their effort. The o.ps., thereafter, tried their level best for having an additional room in two cities of Kazan and Samara but no effective result could be achieved. The said fact was also informed to Tanmay Sengupta. Before the date of journey and for operating such group tour o.ps. arranged briefing session at the Saturday Club on 31.5.18 and told said Tanmay Sengupta to advice the group members to be present so that all clarifications can be given, but excepting said Tanmay Sengupta other three passengers were not present. The hotel accommodation arranged by said Tanmay Sengupta for the complainant and his wife at Samara due to last minute cancellation and exit of several top national teams like Argentina, Germany, Spain and Portugal and o.ps. paid the relevant amount to said Tanmay Sengupta. It has also been stated that the tour coordinator Ms. Pritha Mukherjee was continuously harassed and consulted by the complainant and his wife which caused acute mental agony of the tour leader and consequently disrupting her duties and services to other group members. On the basis of the said fact o.ps. prayed for compensation should be imposed upon the complainant for filing such false and frivolous case against the o.ps.

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

1. Whether the complainant availed the tour organized by o.ps. to see the World Cup matches?
2. Whether o.ps. failed to provide the room for the complainant and his wife at Kazan and Samara?
3. Whether the complainant got the rooms on his own effort?
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.

            The complainant himself argued that the complainant and his wife visited Russia to watch World Cup Football, 2018 from 29.6.18 to 13.7.18. The arrangements were made by o.ps. which included air tickets, match tickets, travel within Russia, hotel stay, food, etc. The complainant and his wife visited Nizhney, Moscow, Kazan, Samara, St. Petersburg as the matches were held in different cities of Russia. The complainant and his wife had serious problems during their stay in Kazan and Samara. The complainant also stated that he paid in advance in two installments each of Rs.3 lakhs and he was informed by the tour coordinator of o.ps. Ms. Pritha on the morning of his trip to Kazan on 4.7.18 in Moscow that their room in Kazan and Samara could not be confirmed and the complainant and his wife will have to stay in Kazan and Samara (5 nights) in separate rooms. For 3 nights in Kazan, the complainant and his wife had to stay in separate and share rooms with unknown strangers. It has also been  stated by the complainant that on 5.7.18 the complainant through internet booked double bedded room in the same hotel in Samara where they stayed on 7^th and 8^th July and got confirmed reservation. This only proves that o.ps. did not make any effort to get the required accommodation for the complainant. When the complainant confronted Ms. Pritha on 6^th July regarding this mismanagement on her part she kept silent. On the same evening within one hour of such inaction on the part of the said tour coordinator she readily made arrangement for separate room for the complainant and his wife in the Kazan hotel. Such action on the part of the said tour coordinator was not accepted by the complainant. Such action on the part of the said tour coordinator established the fact that the entire crisis could have been avoided if o.ps. had been more sensitive about its commitment to the customer. Such casual approach on the part of o.ps. vis-à-vis action taken by the tour coordinator made the tour of the complainant and his wife  mental agony to both of them. The complainant wanted to cut short his trip in Kazan and come back midway, but could not as the air tickets were not refundable. The complainant after return from his tour wrote a letter to o.ps. making allegation against the inaction on the part of the tour coordinator as well as o.ps. for making false promise to the complainant and the complainant ought to have informed the fact of such accommodation problem before the departure from India to visit Russia for seeing the World Cup matches. Since the complainant faced tremendous mental agony and he had to bear the huge expenses for such tour, but the service provided by o.ps. was not up to the mark and the accommodation provided to the complainant was not inconformity with the assurance given to the complainant at the time of entering into the contract with o.ps. In view of the facts and circumstances as stated above the complainant has emphatically stated that there is deficiency in service on the part of o.ps. for which he filed this case praying for direction upon the o.ps. to pay compensation of Rs.1 lakh, proportionate refund of the amount paid by the complainant i.e. Rs.2 lakhs and litigation cost of Rs.20,000/-.

            Ld. lawyer for the o.ps. argued that that the complainant instead of contacting with o.ps. directly to discuss and finalize all matters related to his tour in question preferred to deal with them through one Tanmay Sengupta. On the request of said Tanmay Sengupta registration was made and acceptance of the booking was done and requisite documents were also received through said Tanmay Sengupta. On 8.3.18 after three months said Tanmay Sengupta made request for booking of the 4^th member of the group and sent the required documents to create the Fan ID. Since the arrangements of hotel booking and other things were doe on 5.12.17, therefore the availability of additional room in the city of Kazan and Samara could not be arranged. The o.ps. all through contacted said Tanmay Sengupta and he was informed their inability to arrange addition al twin room for the city of Kazan and Samara. The said fact was informed to said Tanmay Sengupta and he requested the o.ps. to continue their effort. The o.ps., thereafter, tried their level best for having an additional room in two cities of Kazan and Samara but no effective result could be achieved. The said fact was also informed to Tanmay Sengupta. Before the date of journey and for operating such group tour o.ps. arranged briefing session at the Saturday Club on 31.5.18 and told said Tanmay Sengupta to advice the group members to be present so that all clarifications can be given, but excepting said Tanmay Sengupta other three passengers were not present. The hotel accommodation arranged by said Tanmay Sengupta for the complainant and his wife at Samara due to last minute cancellation and exit of several top national teams like Argentina, Germany, Spain and Portugal and o.ps. paid the relevant amount to said Tanmay Sengupta. It has also been stated that the tour coordinator Ms. Pritha Mukherjee was continuously harassed and consulted by the complainant and his wife which caused acute mental agony of the tour leader and consequently disrupting her duties and services to other group members. On the basis of the said fact o.ps. prayed for compensation should be imposed upon the complainant for filing such false and frivolous case against the o.ps.

            Considering the submissions of the respective parties it is an admitted fact that for the purpose of watching World Cup matches the complainant contacted the o.ps. The complainant has stated that the contract was made through Tanmay Sengupta, but the complainant has categorically stated that he paid the amount and he provided all the documents to o.ps. but o.ps. failed to make any contact with the complainant before the date of journey. It has been alleged by o.ps. that before the journey  said Tanmay Sengupta was informed regarding the difficultie may be faced by the travellers, but it is curious enough that o.ps. received the amount through cheque issued by the complainant and Rs.6 lakhs were paid for the said tour. The complainant was never informed before the date of departure that there will be difficulty in providing accommodation in a hotel of the complainant and his wife to share the same room. The said fact was revealed during the midst of the said tour porogramme. The complainant, thereafter, became annoyed and he made contact with different hotels in Kazan and Samara and they got the accommodation there. The tour coordinator Ms. Pritha Mukherjee did not make any contact with the complainant and his wife and did not want to listen difficulties faced by the complainant and his wife for living separately in separate room sharing with other travelers. It is quite natural for the complainant and his wife to stay in the same room of the hotel, but the tour coordinator vis-à-vis o.ps. did not make any effort and also did not disclose difficulties may be faced by them that they cannot be provided with the same room in the same hotel if that would have been disclosed, the complainant would have thought otherwise, he could have cancelled the tour programme. The complainant and his wife wanted to enjoy the tour for the purpose of spending their holidays, but non cooperation from the said tour coordinator created mental agony upon the complainant and his wife. The complainant had to pay Rs.6 lakhs for such tour. In spite of spending such huge amount it is quire natural that the complainant expected the befitting hotel accommodation as well as sharing of the hotel room with his wife, but the inaction on the part of the said tour coordinator as well as o.ps. made them separate which caused acute mental agony. Such inaction on the part of o.ps. and o.ps. tried to make said Tanmay Sengupta as a scapegoat to suppress their fault. It is pertinent to mention here that the said Mr. Tanmay Sengupta did not support the case of o.ps. to clarify the allegation made by o.ps. that the complainant and his wife created any problem during the said tour. In view of the facts and circumstances as stated above, we hold that there is deficiency in service on the part of o.ps. and the complainant is to be compensated for the loss sustained by them both mentally and financially.     

           Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.305/2018 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.