O R D E R

By  C.T.Sabu, President :

          Complainant’s case  is that 2^nd opposite party had visited the office of the 1^st complainant while he was  the Chief Manager of the South Indian Bank at its Head Office in the first week of April 2013 and agreed to arrange the Zurich, Switzerland tour for the complainant and his family along wi6th 5 colleagues and their families.   Complainant’s family consists of wife who is the 2^nd complainant  and two sons who are the 3^rd and 4^th complainants.  Tour was planned from 20/5/2013 to 25/8/2013.  Booking charges per person was Rs.62,000/- and towards advance Rs.40,000/- was accepted on 18/4/2013.  Expenses includes Visa, journey tickets, hotel accommodation, sightseeing ticket expenses.  After receiving the advance it was informed that VISA and tickets were not OK and the tour was  shifted from 20/5/2013 to 18/6/2013.  By this time 3 colleagues families arranged a trip to Honkong  and two others dropped the idea of tour.  Thereafter opposite party arranged a Frankfurt Switzerland trip with booking charges of Rs.80,000/- per person.  Besides Rs.40,000/- a sum of Rs.1,20,000/- was paid on 5/6/2013 and Rs.1,60,000/- was paid on 12/6/2013 and thus a total amount paid was Rs.2,80,000/-. The payment was done by way of NEFT.  There were other family travellers with them as informed by the opposite party.   The bone of contention by the complainant is that the tour was uncomfortable and had suffered much with great hardships.  An additional sum of Rs.1,00,714/- was also spent in order to complete the tour due to the mismanagement and lapses on the part of the opposite parties.  On 18/6/2013 at the Nedumbassery Airport the opposite party could handover the credit card with  great difficulty  only when they were wanting after security checking.  Without credit card the  travel was impossible.  Complainant and his family  alighted at 5.30pm at Colombo airport on  18/6/2013.  The travel was started at 4.20pm from Nedumbassery.  The scheduled trip from Colombo to Frankfort was on 19/6/2013 at 12.25am.  Needless to mention they had to wait more than seven hours at the Colombo airport.  In fact it was a horrible experience.  The opposite party has neither arranged any facilities nor amenities to spent the long seven hours.  It was said that there are other members but nobody could be seen with them.  In fact nobody was there other than the complainant’s family.  From Colombo complainants reached Frankfort airport at 7.30am and shown all documents including air tickets as part of the security checking.  It was already informed that opposite parties have booked hotel accommodation in Anna Hotel at Frankfort and  I Bis hotel at Switzerland.  For confirming the same  when contacted  it was  informed that opposite parties have booked the hotels but payments have not been made.  Further the  driver cum tour guide who wanted at the airport had also conveyed that his duty is to pick up and drop at the hotel.  The most difficult time as alleged to be faced by them was  they could not contact opposite party as  they did not  have any telephone  card or other facilities.  After reaching at the security office they were asked to wait in a private room. It is alleged that neither they could get any help nor a favourable reply from the opposite party.  They failed to get the Euro currency from the ATM as well.  It was further informed that without keeping 500 Euro no further trip was possible.  With great difficulty only 400 Euro was arranged.  Later hotel bills were paid out of  this 400 Euro.  Every attempt to collect currency through credit card was also failed.  Four hours have taken to reach Switzerland from the Frankfort. The most pathetic  affair was that no important places could be visited due to the deficiency in service of the opposite parties.  In nutshell, a horrible and intolerable trip was arranged by the opposite parties.  Complainant   and his family has suffered ineffable hardships including extortion by goondas.  On contacting the opposite parties, 1^st opposite party was replying that please settle the demand using the debit card and return the money when returned.  Even on return trip also nobody  was arranged  to drop them.   The allegation continues as above.  It is prayed that for the mental agony and other hardship the complaint may be allowed ordering to pay Rs.1,00,714/- being the amount spent in excess and Rs.3,00,000/- towards compensation along with costs to the complainants.

          2. The case was admitted and issued notice to the opposite parties.  They appeared before the Commission and filed version through counsel.  1^st opposite party set exparte.  In the version following pleadings were taken by the 2^nd opposite party.  All the allegations are false and hence denied.  The purpose is to harass the opposite party.  The tour was booked by the complainant on their own likings.  While undertaking foreign tour the impact due to climate change  and such other environmental risks and hazards are usual.  The complainants are  educated and well aware of those hazards.  The delay in flight timings and other food problems are purely local and not the responsibility of the  opposite party.  As a tour operator we have discharged all the duties and responsibilities.  Complaint is nothing but frivolous, vexatious and highly embellished one.  Complainants have no monetary loss since  the tour was arranged on the basis of LTS sanctioned by the employed bank.  Since there is no deficiency in service on the part of 2^nd opposite party no relief can be granted against 2^nd opposite party.  The complaint may be dismissed with cost.

          3. Then the case posted for evidence.  The points for consideration are the following:

1) Is there any deficiency in service on the part of opposite parties?

2) If yes, what are the reliefs and costs?

          4. Both parties appeared before the Commission and filed proof affidavits along with documents.  Documents filed by the complainant are marked as Exts.P1 to P11 and no documents are filed by the opposite party.  Opposite party filed argument note.  A detailed hearing  was also taken place.  Complainant as well as 2^nd opposite party were examined and their depositions are marked as PW1 and RW1 respectively.

          5. Appreciation of Evidence :  We have thoroughly  examined the proof affidavit, documents, argument notes, depositions of PW1 and RW1 and we are convinced that there is deficiency in service on the part of the opposite parties.  The documents submitted by the  complainants are sufficient to prove that there are shortcomings on the part of opposite parties.  The tour operators are required  to ensure that quality services to the customers upto their optimum satisfaction are provided.  1^st opposite party remained exparte without  substantiating their responsibility.  2^nd opposite party was not prepared to give a satisfactory explanation to the allegations.  2^nd opposite party has not discharged their onus to contradict and remained  negative with flat denial of allegations of the complainant.  We are convinced that  had the opposite parties taken sincere efforts to give quality service after taking money, definitely their customers would not have suffered as alleged.  The deposition of both PW1 and RW1 and proof affidavits give a crystal clear  message that the tour was horrible experience and customers/complainants  have undergone mental agony and great hardships. This Commission is inclined to give a right verdict in favour of the complainants since they have successfully proved deficiency in service on the part of opposite parties.

          6.Reliefs and costs : We allow the complaint directing the opposite parties jointly and severally to pay Rs.35,000/- (Rupees Thirty five thousand only) towards compensation within 30 days from the receipt of this order.  Complaint allowed  accordingly.  No order as to costs.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission  this the 15^th day  of December   2020.

Sd/-                      Sd/-                                          Sd/-

Sreeja.S                Dr.K.Radhakrishnan Nair         C.T.Sabu                       

Member                Member                                    President                            

                                      Appendix

Complainant’s Exhibits

Ext.P1 Highlighted with RED colour denotes,

sites included in itenary but not visited

Ext.P2 Copy of lawyer notice dated   22/9/2013

Ext.P3  Returned notice

Ext.P4 Copy  of mails

Ext.P5 Copy of passport

Ext.P6 Copy of  Invoice

Ext.P7 Statement payment made by complainants

Ext.P8 Copy of hotel bill

Ext.P9 Copy of bill for sightseeing

Ext.P10 Copy of Frankfort policy questioned the complainants

Ext.P11 Copy of Google translation of statement given by Germanpolice

Complainants witness

PW1           Sasi.P.I.

Opposite Party’s witness

RW1 Bindu

                                                                                       Id/-

                                                                                      President