Tamil Nadu

South Chennai

CC/114/2016

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

Versus

M/s.Raghavan Tours and Travels - Opp.Party(s)

M/s.S.Menaka

15 Sep 2022

ORDER

Date of Complaint Filed : 24.03.2016

Date of Reservation      : 01.09.2022

Date of Order               : 15.09.2022

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. 114/2016

THURSDAY, THE 15^th DAY OF SEPTEMBER 2022

Mr.K. Ellappan,

S/o Kuppan,

Vallambedu kuppam,

Methipalayam Panchayat, Elavur Post,

Gummidipoondi Taluk - 601 201.

(Represents himself and also the other Villagers)                 ... Complainant                

 

..Vs..

 

M/s. Raaghavan Tours and Travels,

Rep by its proprietor,

Mr.V.LakshmiNarasimhan,

Having office at

No.25/2, Whannels Road,

Egmore,

Chennai-600 008.                                                         ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. S. Menaka

Counsel for the Opposite Party       : Exparte

 

On perusal of records and this Commission made 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 pay a sum of Rs.51,520/- towards refund of trip amount and interest accrued thereon from 27.02.2015 together with further interest @12% p.a on the sum of Rs.46,000/- and to pay a sum of Rs.5,00,000/- toward compensation for the mental agony and hardship along with cost of Rs.10,000/-.

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

 The complainant had planned for a pilgrimage Tour during 23.02,215 to 27.02.2015 along with the family and other Villagers for says. Therefore, the complainant who is by in charge represented all such persons joined the Pilgrimage had approached the opposite party, i.e. Raaghavan Tours and Travels to arrange for the same. Being a tourist operator, the opposite party has agreed to arrange a tourist bus for the aforesaid pilgrimage. For the above said pilgrimage, the opposite party had demanded Rs.57,500/- as fixed charges calculated comprehensively which included hire/rent for the tourist bus, toll gate charges, permit charges, and such other incidental expenses and the complainant bed also accepted the above-said comprehensive charges and made the payments as setout below:

Sl.No	Receipt No.	Date	Amount (Rs.)
1.	1660	08.02.2015	Rs.5,000/-(Cash)
2.	1663	14.02.2015	Rs.18,000/- (Cash)
3.	No receipt	During the Tour	Rs.34,500/-(Cash)

The opposite party had directed the complainant to keep the money of Rs. 35,000/- (Referred in serial No.3 above) and disburse the same as and when required during the pilgrimage tour, and accordingly it was paid. Further the opposite party had promised that they would issue the collective receipts for the above disbursements after returning from the pilgrimage/tour.  In Pursuant thereto a vehicle bearing Registration No. KL 09 M 0444 had been arranged by the Opposite party to cover the Pilgrimage tour concerning the complainant and other Villagers. It is relevant to state that the journey was planned to relish and relax for complainant and others from their routine work hectic work every day. The trip was planned accordingly From 23.02.2015 to visit temples and places which were located on the course of journey viz, (1) Mayilam, (2) Pillayarpatu (3) Desipattinam, (4) Navapasanam, (5) Rameswaram, (6) Chiththalangarai, (7) Thiruchendur.(8) kanniyakumari, (9) Suchintharam 10) Pathmanabapuram Aranmana 11)  Theerparappu (MandalkkaduBhagavathiamman temple), (12) Kuttralam, (13) Sangarankovil, (14) Sri Villiputhur, (15)Madurai 16) Azhlagarkovil 17) PalamutheerChozhlai, (18) Thiruparankundram , (19) Trichy, (20) Srirangam, (21) Samayapuram. The first day of journey itself was an unease one because of the condition of the bus which was very much terrible, as the same was not in a running condition at all. The driver of the bus too has played his part to add more trouble and for which the complainant and other passengers suffered during the journey because of the careless attitude, which the driver had shown in his driving and his other services. The condition of the bus seemed to be extremely awkward. The bus was, by all means not comfortable, yet with no other alternative the complainant and others travelled in it since, they paid the money in the total sum of Rs.57,500/-. The journey trip was planned from Kanyakumari to Tirunelveli (District) to visit the Kutralam falls to amuse themselves and get pleased by the sceneries. During the first day, in the course of journey, there were problems in the bus and the bus got break down owing to its worst condition of the bus. In the midway of journey at Villuppuram District, the complainant as well as his village people didn't know what to do next. There was no facility and the complainant and his co passengers had faced much mental torment. There was no place for basic needs and further they couldn't find rest room. There was no restaurant even to eat. Thus, they faced much hardship which can't even be expressed in words. There is not even a place where they could drink water and mainly they were worried about the kids' health condition as as also the adult passengers. During the third day of their journey (i.e.) on 25/02/2015, the bus was driven in a rash and negligent manner, the driver did not care about the fact that there are several passengers in the bus. The kids and elderly people were so much frightened. There are heart patients in the bus. The driver failed to consider about the panic and sufferings, which have been faced by the complainant and his co-passengers.While the above said situation was going on, the bus was blocked on the way at Moondradaippu (Tirunelveli District) check post around 9:30 p.m. on 25/02/2015 by Police authorities. When the driver was asked for license, permit and other documents related to bus, the driver didn't show up his license as he was not having it and permit was also not there. Whatever documents relating to bus was asked by police, the driver show up as nothing was available. The police seized the bus and also registered the Criminal Case against the driver for drunken drive as also for not having license. The said police authorities imposed a fine amount of Rs.3000/- for drunken drive and for not having licence which are mandatory as per law. The driver had asked the complainant to pay the fine amount Rs. 3,000/- on his behalf in addition to the fixed comprehensive charges. The above said penalty money was not returned to the complainant until now even after several requests made in this regard. The driver was asked by the police to hand over the license and other documents relating to the bus and then take back the bus. On that night, they didn't anticipate such kind of mishap would occur and that the bus driver/cleaner didn't have much money. The complainant and the co-passengers were shocked at such an awkward incident. They didn't know how to proceed from then on. Even food, water and other basic needs and necessities were not available and also on the same fateful night, they all had been left with no other alternative other than to stay at that remote place. All the co passengers had spent a sleepless night with mosquito bites. They were left with nothing but shock. On 25.02.2015 the R.T.O got seized the bus for not paying road tax. They asked the driver to surrender the license, permit and other documents relating to the bus for verification and return. Though the owner assured to bring all the documents like permit, license etc., he didn't act as promised and just wasted the valuable time of the complainant and other Passengers, was forced to pay and bear The complainant on behalf of the driver/Travels to meet out the multiple penalties arisen out of noncompliance from the side of driver as well as opposite party travels. The complainant had spent all his money and the journey turned into a disaster. Being left with no money, the complainant had called owner of the opposite party travels to pay back the money spent more than that of agreed comprehensive charges payable to them. The owner of the said Raaghavan Tours and Travels had deposited a meagre sum of Rs. 10,000/-  that too after much effort into one of the co-passengers account, viz, Mr. M. Chinnathambi. Only after they received the amount of Rs. 10,000/- thereafter the complainant and the other co-passengers were able to reach Tirunelveli Bus stand around 5:30 PM. after suffering lot of embarrassments hardship and mental agony all though out the day time. After reaching the Tirunelveli bus stand, all the 34 members boarded a bus from Tirunelveli to Chennai on 26.02.2015 at about 6:00 PM in the evening and ultimately reached here On the next day, i.e. 27/02/2015 at Koyambedu at around 5:00 A.M. in the morning. After reaching Chennai, all the above-said passengers including the complainant were very much tired and frustrated. The main object of tour is to relish, enjoy and relax themselves, but they ended up in frustration and their thought during the said journey was as if when their journey would end. They all faced serious hardship, struggle and suffering. Amid thes, they incurred terrible loss due to the said journey, Owing to delay and struggles, which were faced by them due to rash, negligent and sheer careless attitude of the opposite party said Raaghavan Tours and Travels. The complainant and co passengers have Suffered monetarily apart from suffering undue hardship and mental agony and it has been set out in detail hereunder.

2 days journey incomplete (11,500*2 days)	Rs.23,000
Bus fare (Return to home)	Rs.20,000
Damages for Mental agony and hardship	Rs.5,00,000
Drunken drive fine amount	Rs.3,000
Total	Rs.5,46,000

 

 When the complainant demand for the refund of aforesaid tabulated amount which they paid for the said horrible tour and the consequent loss incurred all along during the tour till abandonment apart from damages for their mental agony and hardship, the opposite party have just postponed from time to time without justifying it by saying unreasonable/Lame excuses.

He and other villagers were put to mental agony for 2 days till they reach their concern destination at Elavur, Gummudipoondi Taluk.Hence the Complaint.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-8  were marked. The Opposite Party did not appear before this Commission even after sufficient notice served and remained absent and set exparte.

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:-

        From the perusal of Exhibits marked in support of the Complaint filed by the Complainant, it is clear that the Complainant has been duly authorised to file the above complaint against the Opposite Party, (who had arranged for the pilgrimage tour) by the co-passengers, as evidenced from Ex.A-1. Ex.A-2 is the document whereby the Opposite Party had undertaken to arrange for the pilgrimate tour mentioning the places and the payment to be made. From Ex.A-3 and Ex.A-4 the receipts dated 08.02.2015 and 14.02.2015 issued by the Opposite Party for the payments to a sum of Rs.23,000 out of agreed amount of Rs.57,500/-. The vehicle bearing No.KL 09M 0444 arranged for the Pilgrimage  tour to the Complainant and his co-passengers was seized by the Police Authorities of Tirunelveli District for the violations of the driver under drunken driving without licence and the owner was put on notice to produce the necessary documents of the vehicle, as evidenced from Ex.A-5, which was filed and marked tosubstntiate the averments made in the complaint. Ex.A-6, the return tickets from Tirunelveli to Kyambedu, Chennai found in pages No.9 to 11, has been filed and marked to substantiate the expenses spent by the Complainant and his co-passengers, who had to travel from Tirunelveli to Koyambedu, Chennai, and also same of the tickets found in page No.11 shows the travel made from Chennai to their native place, Elavur from Ex.A-7 the legal notice dated 21.09.2015 sent to the Opposite Party detailing the incidents that took place to the Complainant and the persons accompanied in the Pilgrimage tour arranged by the Opposite Party ad also sufferances met because of the driver of the Opposite Party vehicle, had claimed for refund of a sum of Rs.46,000/- towards non-fulfillment of pilgrimage tour, together with compensation of Rs.5,00,000/-, since the same was not made, inspite of the repeated oral requests and demands made by the Complainant, and the said notice was eturned. Hence, Ex.A-8 intimation dated 06.10.2015 sent too the Opposite Party the address to which Ex.A-7 was sent and the same ws found to received by the Opposite Party but failed to comply with the demands made by the Complainant.

        On foregoing discussions and in the facts and circumstances of the case, it is clear that the Opposite Party had acted in lethargic manner after arranging for a pilgrimage tour to the Complainant and his co-passengers/villagers accompanied him, by not providing a decent driver when the lives of group of persons, kids to Adults, involved in the hands of the driver, who found to be behaved indecently as evidenced from Ex.A-5 and also by not arranging an alternate to complete the tour as agreed upon, and made the Complainant and his co-passengers/villagers to suffer untold and serious mental agony, would amounts grave and gross negligence on the part of the Opposite Party. Therefore, we are of the considered view that the Opposite Party had committed deficiency of service. Accordingly, Point No.1 is answered.ṣṣ

Point No.2:

Accordingly, Point Nos. 2 and 3 answered.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 15^th of September 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	13.09.2015	Resolution Passed by the Complainant and other villagers
Ex.A2	08.03.2015	Schedule and expenses detail given by Opposite Party
Ex.A3	08.02.2015	Receipt for Rs.5,000/- ide No.1660issued by Opposite Party
Ex.A4	14.02.2015	Receipt for Rs.18,0000/- vide No.1663 issued by Opposite Party
Ex.A5	25.02.2015	Police Notice issued by Naanguneri Police Station Vide No.W 2664889
Ex.A6	26.02.2015	Return Bus Tickets of Complainant and other Villagers from Tirunelveli to Koyembedu
Ex.A7	21.09.2015 01.10.2015	Legal Notice issued by the Complainant Counsel to Opposite Party and returned cover
Ex.A8	06.10.2015 08.10.2015	Letter issued by the Complainant counsel to Opposite Party enclosing the legal Notice dated 21.09.2015 and acknowledgement

 

 

 

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

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT