Order-16.
Date-01/10/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants by filing this petition stated that after going through the advertisements published in the Anandabazar Patrika they wanted to avail of the package tour to visit Arunachal during 30-03-2014 to 06-04-2014. The tour cost fixed by the OP was Rs.14,000/- per head. The tour was for 7 nights and 8 days, from Guwahati to Guwahati.
From the beginning, the tour operator, Destination tour Maker and Planner, did not work according to the terms and conditions.
- At Bhalakpong on 30-03-2014 05 double bedded accommodations were provided instead of 07 for 14 persons. In 02 rooms 01 extra person and in 01 room 02 extra persons had to be accommodated.
- At Tawang, rooms of hotel “Tawang Rewgency” were provided for two days only instead of three days, i.e. from 01-04-2014 to 03-04-2014. On the third day the tourists were shifted to a substandard hotel.
- Carrier of the vehicle provided to the tourists was not of sufficient size to keep luggage of 19 heads of which 14 are complainants 03 persons are of tour parties and 02 are drivers, but the capacity of the vehicle is 17 persons + 01 driver. So, one stool was provided at the passage to accommodate the extra person.
- Quality of food was also not up to the mark.
- Though permission, was sought from the authority to visit Madhubari Lake and Bomla Pass. Complainants could not reach there due to poor quality of vehicle, hired by tour authority. The vehicle was not fit to travel tough road.
Complainants could not enjoy the journey of Arunachal Pradesh.
Complainants pray for a sum of Rs.4,90,000/- by way of damage to the OP. Complainants pray to the Forum to pass such order so that the OPs one bound to pay the sum without delay.
In the written version, the OP states that the complaint is not maintainable. The complaint is harassive, mala fide and false. The complaint is full of concocted stories. Provision of 07 rooms for 14 members were not provided in the itinerary provided by the OP.
OP states that the rooms of Hotel Tawang Regency was available for two days only. Then they were accommodated to a good cottage. No substandard vehicle for sightseeing was provided to complainants. Nobody fell sick due to inhalation of LPG Gas. During the tour to north-east region of India, it is mandatory to carry utensils and vegetables with the passengers. So such objection is baseless. Complainants alleged that the OPs provided food packets which contained rotten or expired food. But no such proof has been displayed by complainants. OP states that as it was a hilly region, it was not possible for the OP to satisfy all complainants to the fullest extent, but they tried their best. OP could not arrange for the tours to Madhubani Lake and Bomla Pass due to heavy rainfall and snowfall. During this time, the roads became slippery. OP has no control over the nature. So, no deficiency is proved on the part of the OP.
OP states that after 24 days of their return, a letter was sent to the OP stating deficiency in service. Another letter was also sent on 05-06-2014 stating the same thing. Complainant’s activity proves that the letters were sent to the OP for demanding compensation of Rs.4,90,000/-. They did not complain anywhere when they were on tour. At that time, they met with the representatives of the OP, but they did not complain. OP states that the demand of compensation of Rs.4,90,000/- should be established and justified on proper ground.
OP prays for dismissal of the complaint with exemplary cost u/s.26 of the C.P. Act, 1986.
Decision with Reasons
On proper consideration of the complaint, written version and evidence in chief including documents it is found that complainants undertook a tour of 07 days (stating from 30-03-2014 and ending on 06-04-2014) covering some tourist spots of Arunachal Pradesh under the tour operator, Destination Tour Maker and Planner. Complainants were 14 in number and they paid altogether Rs.1,96,000/- i.e. Rs.14,000/- per head. Though the tour operators completed the tour within stipulated period, but the travellers felt several problems en route.
On 30-03-2014 at Bhalakpong, 05 double bedded accommodations were provided for 14 persons, but the hotel authority was supposed to provide 07 double bedded accommodations. In 05 beds, 10 persons could be accommodated comfortably. Instead, in 02 rooms 01 extra person and in 01, 02 extra persons had to be accommodated causing great inconvenience. Though charge was taken for provision of seven double bedded accommodations, but the travellers could not sleep in confortably at night. The tour operators one committed to provide proper accommodation to all the travellers, but in reality, tourists could not stay conveniently at hotel. At that time the travellers had nothing to do but to accept the arrangement. It is the duty of the tour operators to look after the travellers properly and to try to solve the problems, they are facing. But the travellers got no favour from the part of the tour operators. The tour operators should have arranged everything earlier. But it appears that they did not take proper step for the comfort of the travellers. They were reluctant to make suitable accommodation for the traveler from whom, they took charges. No amount was outstanding. So, the travellers can expect adequate arrangement, but the contrary happened. They OP tour party is responsible for all these inconveniences faced by complainants. Complainants wrote letter to Mrs. Pyali Chakraborty, the co-owner of the Tourist Agency, but she refused to answer the letters and take proper action. Complainants wrote in the letter that the OP talked over phone to give compensation to the aggrieved complainants. Complainants got no compensation from the tour organizers once they grabbed the amount, they are reluctant to refund. Tour was not completed by the tour operators. Moreover, at Tawang they kept the complainants at ‘Tawang Regency’ for two days and complainants stayed at another hotel for one day. Here also, the same reason was cited by the OP that rooms were not available at ‘Tawang Regency’ for the third day. Had it been booked earlier, complainants could have stayed in Tawang Regency for three days. They are ready to take money from complainants but reluctant to discharge their duties properly. Complainants fell pray of the OP’s mismanagement. The OP is surely answerable to complainants for the dereliction of their duties. But they did not answer the letters of complainants so the OP must be penalized for their unfair trade practice.
The tour organizers could not complete the town as per itinerary, tour to Madhuri take and Banila Pass was postponed. It was written in Rules and Regulations that programmes are subject to last minute changes. So, complainants are entitled to get back money. Moreover, complainants were not taken to other spots in lieu of those two spots. Besides, complainants failed to show any document which proves that the spots became high risk zones due to snow fall and rainfall. It is clear that complainants could not visit those places due to OP’s fault. So, OP is liable to pay compensation for their inefficiency.
Hence,
Ordered
That the case be and the same is allowed on contest against the OPs with a cost of Rs.2,000/- to each complainant.
OP is directed to pay back Rs.3,000/- to each of 14 complainants for incomplete tour.
Further OP is directed to pay Rs.1,000/- to each complainant for mental pain and agony.
OP is directed to pay Rs.6,000/- (Rs.2,000/- + Rs.3,000/- +Rs.1,000/-) to each complainant within one month from the date of this order failing which for non-compliance of the Forum’s order OP shall have to pay penal damages at the rate ofRs.100/- per day till full satisfaction of the decree which shall be deposited to the office of Forum.
If OP fails to comply with the order in that case penal action shall be started against OP for which further penalty and fine shall be imposed.
