Tamil Nadu

South Chennai

CC/60/2013

R.Jayaraman - Complainant(s)

Versus

Nepal Pilgrim Travel - Opp.Party(s)

B.R.Shankaralingam

11 Apr 2018

ORDER

                                                                                                                Date of Filing  : 13.02.2013

                                                                                                                       Date of Order : 11.04.2018

 

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNAI (SOUTH)@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

                                                                                 C.C. NO.60 /2013

WEDNESDAY THE 11^TH DAY OF APRIL 2018

                                 

1. Mr. R. Jayaraman,

    S/o. Mr. V.R. Ramanathan,

Flat G 1 ‘C’ Block,

Himagiri Green Forest Apartments,

Silver Oak 1^st Cross,

J.P. Nagar, 7^th Phase,

Bangalore – 560 078.

 

2. Mrs. J. Ahilandam,

    W/o. Sri. R. Jayaraman,

Flat G 1 ‘C’ Block,

Himagiri Green Forest Apartments,

Silver Oak 1^st Cross,

J.P. Nagar, 7^th Phase,

Bangalore – 560 078.                                              .. Complainants.

                                                            ..Vs..

 

1. M/s. Nepal Pilgrim Travel,

Rep. by Mr. Sunil and Ms. Deepa,

    No.26, Old No.89/1,      

    Adam Street,

    Mylapore,

    Chennai  -600 004.

 

2. Mr. Sunil,

    M/s. Nepal Pilgrim Travel,

    No.26, Old No.89/1,      

    Adam Street,

    Mylapore,

    Chennai  -600 004.

 

3. Ms. Deepa,

    M/s. Nepal Pilgrim Travel,

    No.26, Old No.89/1,      

    Adam Street,

    Mylapore,

    Chennai  -600 004.                                       ..  Opposite parties.

 

Counsel for complainants                     :  M/s. B.R. Shankaralingam &      

                                                         others    

Counsel for opposite parties          :  S. Rajeshwari.

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking refund of the additional expenditure of Rs.7,000/- incurred towards transportation, lodging and food and to pay a sum of Rs.75,000/- towards compensation for mental agony, unfair trade practice and deficiency in service and to pay cost of the complaint.

1. The averments of the complaint in brief are as follows:

The complainants submit that the opposite party assured that they will provide with best and first quality service to their customers in organizing the Pilgrimage Tour.   Believing the opposite parties’ words the complainants  agreed to travel under Nepal Pilgrim Tour package which consisted of Dharshan at Sri Mukthinath Temple, Sri Monogamana Devi Temple, Kathmandu City, local site seeing, vegetarian food and stay in decent hotel.   The complainants further state that the opposite parties represented that the flight tickets have to be booked in advance from Pokhara – Jomson – Pokhara for Sri Mukthinath Temple Darshan and so such they demanded the payment for the tour schedule prior to the date of the proposed pilgrimage tour which was scheduled to commence on 6^th September, 2011.

2.     The complainant paid the pilgrimage tour charges of Rs.10,000/- as advance through NEFT bank transfer from IDBI JP Nagar Branch Bangalore to Nepal Pilgrim Travels a/c with SBI Adyar, Chennai on 01.07.2011 and the balance sum of Rs.50,000/- on 03.08.2011 for both of them and the receipt of which was acknowledged through e-mail dated:04.08.2011.  The complainants state that the opposite parties have taken them to Pokhara Town as per the tour schedule but unfortunately they did not make necessary arrangements for the flight travel by doing advance booking of the flight tickets on the day of their arrival to travel to Jomsom for worship of God Sri Mukthinath.  The complainants state that because of the negligent act of the opposite parties in not booking the flight tickets well in advance from POKRA to JOMSOM and return to POKRA in spite of the fact that receiving the entire tour package money well in advance as early as 01.07.2011 & 04.08.2011, the complainants and other members to the tour package were forced to wait at Pokhara for 2 days to get their turn to board the flight for the Dharshan.   The complainants further state that they were forced to stay back for one day extra at Jomsomon return journey since the return ticket was also not booked in advance as assured by the opposite parties, inspite of receipt of entire money in advance of the proposed tour amounts  to unfair trade practice and also deficiency in service.

3.     The complainants state that after coming back from Mukthinath Darshan they were forced to stay back for one more day at Pokra since other members of the tour package have not returned from Mukthinath due to non booking of flight ticket well in advance.  The complainants state that the next day for the reasons best known to the opposite parties, they did not permit entry to them to board the tourist bus along with other 20 co-tourists.  The complainants state that the 2 & 3^rd opposite parties bluntly refused to take them to Kathmandu and other places as assured by them without any reason.  The complainants submit that due to the act of the 2 & 3^rd opposite parties, the complainants were forced to book 2 vans for the 22 persons at their own cost and they travelled over to Kathmandu and other places mentioned in pilgrimage tour program schedule agreed by the opposite parties.

4.     The complainants further submit that due to the negligent act of the opposite parties, they were forced to pay out of their pocket a sum of Rs.3,000/- towards transportation, Rs.4,000/- towards lodging and food charges, which expenditure was made by them was caused only due to the negligent act of the opposite parties for which they have already paid well in advance.  Therefore the complainant issued a legal notice to the opposite parties demanding the refund of the excess amount spent by them out of pocket and the opposite parties replied to the said notice setting out false and untenable explanation.  Hence the complaint.

5.    The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties deny each and every allegations except those that are specifically admitted herein.   It is true that the complainants booked for Shiva Vishnu Pilgrim Tour for 16 days starting from Chennai on 06.09.2011.  It is also true that the complainants had made payments for their travel.   As per tour itinery from the day 1 to 7 everything went on perfectly.  On day 8 i.e on 15.09.2011, all arrangements were made for the travel including breakfast and packed lunch and all travellers reached Pokhara Airport.  Due to bad weather everybody had to wait at the airport.  Pokhara Jomsom is a 25 minute flight.  Only 2 airlines operate the flight.  Each flight can take only 17 passengers at a time.  The plane has to fly at an altitude of 3200 metres in between the Annapurna Ranges.  If the weather is not clear the airlines cancel the flights since it is too risky and if there is an accident due to crash survival rate is very less.

6.     The Tara Airlines company has given a stamped passenger name list of the travellers and that the payment had been received by them as early as 7^th August by a demand draft.  All the statements made by the complainant is utterly false and baseless.    The booking of tickets have been done well in advance.  Only 5 flights are operated everyday.  The Tara airlines managed a flight on 16.09.2011 and 34 passengers flew to Jomsom.  On 15.09.2011 itself the Proprietor Mr. Kunchithapadam discussed with all the passengers and was willing to give a refund.    A group of passengers were very adamant and did not want to wait for the other passengers to join the group. The airport authorities and the Indian Embassy had advised them to cooperate with the entire group.  Since many of the passengers were elderly and did not know Nepali the tour operator was concerned with these problems. 

7.     The complainants along with a rebellious group came to Mr. Kunchithapadam  who was alone in Aashika Hotel.   Mr. Kesavan and his group of people pulled his arms and took his 2 ½ sovereign of gold bracelet along with Rs.50,000/- cash which he had kept in the cash box for tour expenses and ran away.  When Mr. Kunchithapadam shouted for help and the hotel staff ran to catch them they went away.   An FIR had been filed before the Nepal Police bearing 2068/6/2BS on 19.09.2011.  Nepal Government issues permit for tourists to enter and return from a place and if the date does not tally then people would not be permitted to enter that place and the opposite parties have not committed any deficiency in service or unfair trade practice and the complaint may be dismissed with costs.

8.   In order to prove the averments of the complaint, the complainants filed proof affidavit as their evidence and documents Ex.A1 to Ex.A6 marked.  Proof affidavit of the opposite parties filed and Ex.B1 to Ex.B8  marked on the side of the  opposite party.

 

 

9.      The point for consideration before this Forum is:

1. Whether the complainant is entitled a sum of Rs.7,000/- towards transportation lodging and boarding charges  as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.75,000/- towards compensation for mental agony with cost as prayed for?

10.    On point:

        Heard Both sides.  Perused the records (viz) complaint, written version, proof affidavits, documents etc.   Admittedly, the complainants and others booked Nepal Pilgrimage tour organized by the opposite parties scheduled to be commenced on 6.9.2011. Ex.A1 and Ex.B2 are the Brochures and conditions of travel.  The complainants paid a sum of Rs.10,000/- as advance through NEFT bank transfer on 01.07.2011.   The Balance amount of Rs.50,000/- shall be paid on 03.08.2011. The complainant paid the said amount of Rs.50,000/- on 03.8.2011 proves that the complainant has paid the entire amount as per the terms and conditions of the opposite parties as advance before the scheduled date of pilgrimage.   Further the learned counsel for the complainants contended that, the opposite parties have taken the pilgrimage tourist to Pokhara town as per the tour schedule.  But the opposite parties did not make necessary arrangements for the flight travel by way of    advance booking of the flight tickets, on the day of their travel to Jonsom for worship of  God Sir Muthinath – Pokhara – Jonson – Pokhara;  evenafter receiving the entire tour package amount well in advance.  Further the contention of the complainants is that, the Pilgrims of the tour package were forced to wait at Pokhara for two days to get their return flight establishes the deficiency in service.  But on a careful perusal of Ex.B2 it is seen that on 17.9.2011 there was a technical problem in the TARA Airlines.  On 18.10.2011 the flight was cancelled due to weather condition and the amount was refunded.  The said Ex.B2 is not acceptable for the simple reason that as per Ex.B1 the tour schedule starts on 6.9.2011 and it will be ended on 23.9.2011 there is no tour schedule for the date 18.10.2011 proves that Ex.B2 is created and is not relevent for the purpose of the case.  

11.    Further the contention of the complainant is that, after the darshan of Sri Mukthinath temple the complainants and others were compelled to stay one day more at Pokhara.  The opposite party also did not permit the complainants and 20 others to Board the tour Bus and behaved rudely for no reason.   The allegation that the complainants along with rebellious group twisted the arm and took 2½ sovereign of gold bracelet of Mr. Kunchithapadam and stolen the amount of Rs.50,000/- and ran away are absolutely false.  The alleged FIR without any medical certificate is not acceptable and is created for the purpose of the case.  Further the contention of the complainant is that, the deliberate negligent act of the opposite parties forced the complainant to pay out of pocket towards transportation, food and shelter which caused great hardship and mental agony.  The unethical act of the opposite parties proves the unfair trade practice and deficiency in service and therefore the opposite parties are liable for compensation. 

12.    The contention of the opposite parties is that Nepal Pilgrimage travels make sure the safety of passengers first; from day 1 to 7 the tour was very smooth on the 8^th day at Pokhara Airport all the pilgrims were ready to board the flight but the flight was cancelled due to bad weather.   The allegation of non booking of flight ticket is utter false.   The travel company offered to refund the money.  Several incidences had become violent and criminal in nature.   But on a careful perusal of the opposite parties document Ex.B2 shows that on 15.9.2011 flight cancelled due to bad weather on 17.9.2011 flight cancelled due to technical problem.   Further the opposite parties contended that the last flight of Mr. and Mrs. Gangaraja on 18^th October was cancelled due to bad weather and the ticket amount was refunded. But no receipt for such refund is produced in this Forum proves deficiency in service.  The tour was ended on 23.9.2011 there was no tour programme on 18^th October.  On 15.9.2011, the programme is morning flight to Jomson.   By Jeep they reached Mukthinath; had Darshan of Sree Mukthinath and Jwalamai Devi, Holi Bath at 108 sacred water spouts, Darshan of Sree Narasimhana temple and returned back to Jomsom by Jeep  over night in Jomson.   Hence the allegation of cancellation of flight on 15.9.2011 has nothing to do with the tour program.  Further the contention related to untoward Incident of man handling etc. without any medical certificate and account for loss of Rs.50,000/- and Bracelet are not acceptable. 

13.    Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.7,000/- towards additional expenses incurred for transportation, stay and food and sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite parties 1 to 3 are jointly and severally liable to refund a sum of Rs.7,000/- (Rupees seven thousand only) towards additional expenditure incurred for transportation, stay and food and to pay a sum of Rs.10,000/- (Rupees ten thousand only)  towards compensation for mental agony with cost of Rs.5,000/-  (Rupees five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 11^th  day of April 2018. 

 

MEMBER –I                                                                        PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1		Broacher & tour Instructions issued by the Opposite party	Xerox copy
Ex.A2		Advance receipt acknowledgement issued by the opposite party for Rs.10,000/-.	Xerox copy
Ex.A3	25.01.2013	Payment receipt acknowledgement issued by the opposite party for Rs.50,000/- copy of e-mail	Xerox copy
Ex.A4		IDBI Bank statement for 01/08/2011 to 31/08/2011 evidencing payment of Rs.50,000/- to Nepal Pilgrim Travel	Xerox copy
Ex.A5	01.10.2011	Legal notice issued by the Complainant’s Counsel	Xerox copy
Ex.A6	07.10.2011	Postal Acknowledgement	Xerox copy

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1		Nepal pilgrim travel brochure	Xerox copy
Ex.B2	01.11.2011	Letter from Tara Air	Xerox copy
Ex.B3		Passenger name list by Tara Air	Xerox copy
Ex.B4		Travel information brochure	Xerox copy
Ex.B5	07.08.2011	E-mail to the Airline operator	Xerox copy
Ex.B6	25.09.2011	FIR filed with the police Kathmandu	Xerox copy
Ex.B7	27.09.2011	Letter of appreciation by passengers	Xerox copy
Ex.B8	26.09.2011	News that appeared in Newspaper	Xerox copy

 

 

 MEMBER –I                                                                     PRESIDENT