ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.      This is the Complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986, against the Opposite Parties (herein referred in short as O.Ps) alleging the deficiency in service in not providing hotel accommodation and food as agreed and for refund of Rs.16,708/- on account of making alternate accommodation forhim and his wife along with interest at 24% on the said amount and Rs.25,000/- for deficiency in service, cost and other expenses and other reliefs as this forum deems fit.

2.      The brief facts of the complaint are that: the complainant having recently married during May 2018, planed to visit Andaman in the month of May 2018 and booked a tour programme to visit Andaman for a period of 7 days 6 nights tour with Ops who are the approved  Tour Operator by the Department of Tourism, Government of Andaman who were was conducting tour under the caption “Experience beyond expectation”. He paid Rs.10,000/- on 04.04.2018, Rs.19,000/- on 09.04.2018 and Rs.19,000/- on 14.05.2018 in all Rs.48,000/-. The said tour itinerary was for 7 days which included double occupancy AC deluxe room, AC vehicle for entire trip, Museum entry tickets, ferry tickets, parking charges, all service taxes.  Complimentary of one time Snorkeling for all travelers at Elephanta Beach, meals complimentary, breakfast and dinner, vehicle for shopping, special honeymoon package with flower bouquet, one time flower decorated bed, one time special honeymoon dinner, one time jet ski ride, one time glass bottom boat ride, ferry facilities, Hotel/Resort facility and Mahindra XYLO or similar vehicle for transportation in that area.

3.      It is contended that, by believing the words of the OPs he booked for the tour by conversing with Thanmay Mallik of OP. It was also agreed by the OP to provide hotel accommodation in 3 star rated hotels.  When he landed and checked in, he was shocked to see the ‘Hotel nest’ wherein the rooms was dirty, the bath room was stinky. The behaviour of the staff was very rude. The same was brought to the notice of Thamany Mallik who apologized for the lapses and requested to adjust for the said night. Inspite of it, on the second day also at Andaman the hotel was changed to Marina manor. It was again stars of these hotel. Inspite of making a complaint in that respect again the said Thamany Mallik apologized for the shortcomings. On the 3^rd day he moved to Havelock Island wherein there also the room provided was dirty messy and untidy and on the 4^th day also when he visited ‘Neil Islands’ and after going around, he was dropped in ‘Deep Sea Resort’ wherein the room provided was a very cheap one, and the bed spread and blanket provided were dirty and untidy, unwashed and the attached bathroom was stinking bad odous coming from it and his wife suffered vomiting and breathing difficulties and he had to change the hotel immediately on his own by paying Rs.4,248/- and also to wear expenses of Rs.500/- towards the vehicle transportation. Even the breakfast lunch and dinner expenses was borne by him. On 5^th day also again the had a room in a low quality hotel was provided.

4.      On 20.05.2018 he had to pay Rs.1,800/- for ferry charges for Beratang Island to Lime stone caves and the OP assured to refund the same afterwards.  After returning to Port Blair he lodged a complaint and also requested to change the hotel but OP did not oblige and hence he had to book a hotel on his own by paying Rs.8,960/-. 

5.      OP though assured to provide good accommodation, transportation and food, failed to provide the service as agreed.  In view of the non-cooperative action of the OP in not providing a good accommodation, transportation and food, he had to make his own arrangement by spending Rs.16,708/- in all. The act of OP in not providing agreed and assured facilities amounts to deficiency in service, lack of professionalism, and all the pleasure of the honeymoon trip was lost due to the substandard service provided by the OPs.  Complainant and his wife could not enjoy the pleasure of the trip and everyday ended with quarrel with organizers.  The moto of service and hospitality by the OP has no meaning at all.  He had to issue a legal notice on 14.06.2018 for claiming the damages and demanding the refund of money spent by him and though the said notice served on Ops, they neither replied the same nor complied with it. The cause of action arose on 04.04.2018 and prayed the forum to allow the complaint.

6.      Thus Ops served with notices through email and through RPAD, did not appear before the forum and hence placed exparte.

7.      In order to prove the case, Complainant filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1. Whether there is deficiency in service on

the part of OPs?

2) Whether the Complainant is entitled to

   the relief prayed for in the complaint?

8.      WE ANSWER:-

POINT NO.1 :     In the Affirmative.

POINT No.2  : Partly in the affirmative.

                                      For the following.

REASONS

POINT No.1:-

9.      On perusing the complaint, evidence and the documents filed by respective parties, it becomes clear that, the complainant paid Rs.48,000/- to the OPs to book a trip for himself and his wife and agreed to the terms and conditions and tour itinerary as per Ex.P1.  The tour itinerary itself is clear as to what it contains and what accommodation, food, transportation will be provided and what it excludes.  It is a self-explanatory one. From E.xP2 it is clear that the complainant paid Rs.48,000/- towards the tour. The document dated 01.06.2018 (email) written by OP. to the complainant reveals that they have reimbursed Rs.1,800/- to the account of the complainant apologizing for delay in processing. This is due to the amount paid by the complainant for ferrying.

10.    The photographs of the hotel room, the hotel and the toilets and the rooms are also produced which clearly go to show that the rooms were shabby and the toilets were not kept clean and tidy, which is not of a standard of three stars hotels maintenance. From this it becomes clear that the OPs did not provide the facilities which it had agreed.

11.    Ex.P11 is the various facebook writings wherein many of them have deprecated the services provided by the OP  whereas  few peoples had admired it.  Coming up the entire documentary evidence, and since Op has not come forward to counter the allegations made in the complaint, and also going through the photos of the rooms, the toilets and the hotels, it becomes clear that OP did not provide the complainant the pleasure of the trip which he expected and also not of a standard one as assured by them. Hence we are of the opinion that there is deficiency in service on the part of OP and answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2.

12.    Ex.P4 and P5 are the two receipts filed by the complainant in respect of getting a room on his own by Paying Rs.4,248/-, Rs.8,960/- towards the room rent which according to him got himself  on his own on 18.05.2018 and 20.05.2018 which amounts to Rs.13,208/-. Ex.P6, P7 and P8 are the receipts for having paid the ferry fees which he has not claimed. Since under the terms and conditions of the itinerary, OPs ought to have provided a 3 Star standard hotel accommodation to the complainant which they failed to do for which complainant and his wife got an alternative accommodation by paying money as per Es.P4 and P5 which Op are bound to reimburse the same.   

13.    Further the complainant has been inconvenienced, put to lot of harassment and mental stress due to not providing a decent food, hotel accommodation, for which, both of them have lost the pleasure of the trip and also there is deficiency in service on the part of the OP in not providing the standard agreed accommodation in a hotel and hence we are of the opinion that a sum of Rs.15,000/- towards damages for sufferance and Rs.10,000/- towards the litigation expenses if awarded to be paid to the complainant would meet the ends of justice. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and proceed to pass the following:-

ORDER

1. The Complaint is allowed in part with cost.
2. OPs No.1 and 2 are jointly and severally hereby directed to pay a sum of Rs.13,208/- to the complainant towards the hotel room hiring charges along with interest at the rate of 12% per annum from 20.05.2018 till the payment of the entire amount.
3. . Further O.Ps are hereby directed to pay Rs.15,000/- towards damages and Rs.10,000/-  towards cost of proceedings and litigation expenses to the complainant.
4.   The O.Ps are hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5.  Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 5^th  AUGUST 2019)

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Tour Itinerary.

Ex P2: Copies Statement of account receipt of the email by Op.

Ex P3: Copy of Flight Booking details.

Ex P4 and P5: Receipt dated 18.05.2018, Tax invoices dt:20.05.2018.

Ex P6: Copy of the check in details of Havelock Green Ocean dt: 16.05.2018.

Ex P7: Copy of the check in Neil Go-2 dtd16.05.2018

Ex P8: Copy of emails correspondences.

Ex P9:  Copy of the legal notice and Postal receipt.

Ex P10: Copy of the Postal Track records

ExP11: Copies of Google review printout of Op Company.

Ex P12: Photos of room of Hotel Nest.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

-Nil-

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                          PRESIDENT

A*