DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of September 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 05/03/2018
: Sri.V.P.Anantha Narayanan, Member
CC/33/2018
T.S.Jayadevan,
S/o (Late) Sankaran Nair,
Gangothri, Gandhi Seva Sadan (PO),
Pathiripala,
Palakkad District. 679 302. - Complainant
(By Party in person only)
Vs
Rajeev.M.S,
Yuva Tours India, 2nd Floor,
Trade Arcade, Near YMCA, - Opposite party
Kannur Road, Kozhikkode. 673 001.
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of the complaint are explained below.
Complainant used to travel. From September 4, 2017 to September 10, 2017 complainant visited Andaman & Nicobar Islands. The facilities for the said tour were arranged by the opposite party. For Yuva Tours India establishment (opposite party) Mr.Rajeev was informing all matters by telephone and complainant did not see him directly and he was told to be the proprietor of the opposite party establishment. For this journey, Rs.92,000/- was paid by the son of the complainant through transfer from his account to the account mentioned by Mr.Rajeev which is 2990847363 on 05/08/2017, as instructed by Mr.Rajeev. The online receipt for this is also given by the opposite party. In this journey complainant is accompanied by his wife and daughter. This journey started from and ended in Palakkad Junction Railway Station. In Andaman & Nicobar Islands there was a guide named as Mr.Pradeep Kumar accompanied them from 04.09.2017 to 10.09.2017. Journey details were also given by the opposite party to the complainant. In this programme Coral Island visit was also stated, for scuba diving, snorkeling, and other adventurous programmes were also there for which separate charges have to be paid. In the glass bottom boats deep sea sights without separate charge were also promised to be shown. To this Island only in boats, journey can be made. There were no sights here apart from the above sights. In the boat to this Island, the guide Mr.Pradeep, for glass bottom boat safari insisted on getting Rs.500/- per head; due to no alternative, complainant paid Rs.1,500/- for three persons which was promised by Mr.Pradeep to be refunded by Mr.Rajeev. According to the complainant, this excess amount collected from him was not refunded which amounted to deficiency in service on the part of the opposite party. After returning from the journey complainant informed this incident to the organiser of this tour, Mr.Rajeev by telephone and asked him to refund the excess amount collected from him which was rejected by Mr.Rajeev. According to the complainant, opposite party was contacted for about 20 times, but Mr.Rajeev took the phone only four times and promised to call back which also shows deficiency in service committed by the opposite party. Complainant pleads that upto this date opposite party Rajeev did not contact him either by phone or by letter which also constituted deficiency in service on his part. Then on 28.10.2017 complainant sent an email to Mr.Rajeev on Yuva Tours email address and since no reply was received reminders were also sent by the complainant on 14.11.2017, 21.11.2017 and 19.12.2017. On 18.01.2018, on not receiving any reply to the email communications mentioned above, complainant sent a registered notice which was received by Mr.Rajeev on 27.01.2018. In this notice excess amount received plus notice charges were demanded to be refunded by the opposite party; otherwise legal steps would be initiated. This warning was given and in this notice it was also mentioned that reply to the notice should be given within fifteen days. Since no reply to the above notice was received by the complainant from the opposite party to this date complaint was filed before this Forum, in which complainant prays to this Forum to direct the opposite party to refund excess amount of Rs.1,500/- collected from the complainant on the Tour for glass bottom boat safari plus cost of sending notice of Rs.25/- plus phone charges of Rs.20/- totalling Rs.1,545/-, to direct the opposite party to pay a compensation of Rs.25,000/- for mental agony and difficulties faced by the complainant, and to pay cost of proceedings of Rs.1,500/-.
Complaint was admitted and notice was sent to opposite party to enter appearance and file his version. In his version the opposite party denies certain statements made by the complainant in his complaint. Opposite party contends that in the tour organised by him complainant was made a member and detailed tour details were sent by email to the complainant and also informed the complainant on 23.08.2017 by phone. Accepting opposite party’s conditions complainant came for the tour and Mr.Pradeep received the complainant and his team in Andaman Island and as guide everything was explained to them. But unlike stated by the complainant, in the opposite party’s programme Nicobar Island was not asked to be shown nor there was any mention of Nicobar Island. Hence opposite party contends that he has lost faith in the statements made by the complainant; also on 07/09/2017 at the time of visiting North Bay (Coral Island), Ross Island about North Bay Coral Island sufficient explanation was given in the following words “North Bay (Coral Island) offers beautiful scenic view of open sea and provides life time experience of snorkeling (optional) and view of colourful rare corals and underwater marine life through glass bottom boats”. Opposite party also contends that he did not agree to bear glass bottom boat charge which was made clear by guide Mr.Pradeep to the complainant. Since Rs.1,500/- was received by the complainant from guide Mr.Pradeep, it was received back from the complainant by Mr.Pradeep and this also was made clear to the complainant by phone, when the opposite party was asked about it by phone by the complainant. Hence opposite party prays to this Hon’ble Forum to dismiss this complaint.
Complainant and the opposite party filed their affidavits. From the side of the complainant Exts.A1 to A6 were marked and from the side of the opposite party Ext.B1 series were marked. Complainant was heard, but opposite party was absent for hearing.
The following issues are considered in this case.
- Whether there is any deficiency in service and/or unfair trade practice on the part of the opposite party?
- If so, the relief and remedy admissible to the complainant?
Issues 1 & 2
Complainant visited Andaman & Nicobar Islands from September 4 to September 10, 2017 in the tour programme organised by the opposite party. Complainant paid Rs.92,000/- to the opposite party which is clear from copy of online printed receipt which is marked as Ext.A1 which shows transfer of Rs.92,000/- from account number 170001010006250 to account number 2990847363 dated.05.08.2017 and 07.08.2017 which proves that amount paid by complainant’s son for the complainant from his account to the opposite party’s account as per opposite party’s instruction for the purpose of journey to Andaman & Nicobar Islands. The opposite party booked a ticket for the journey and the email copy of the booked ticket is marked as Ext.A2 which shows names of GO air passengers, their seat numbers, flight details, passenger information, payment information, terms and conditions. The email copy of details of journey is marked as Ext.A3 which discloses flight details etc., inclusions, exclusions terms and conditions, payments, cancellation etc. In the boat to this Island (Coral Island) the guide for the tour Mr.Pradeep for glass bottom boat safari collected Rs.1,500/- for three persons (complainant, his wife and his daughter) which collection, according to the complainant, amounts to deficiency in service because in the terms and condition of the journey, nowhere it is stated that glass bottom boat safari is optional. On 28.10.2017 an email was sent by the complainant to refund Rs.1,500/- collected by guide Mr.Pradeep as charges for glass bottom boat safari in Coral Island which is against the itinerary provided by the opposite party, for the same purpose; reminders dated 14.11.2017, 21.11.17, and 19.12.17 were also sent to the opposite party on not receiving any reply to the letter dated.28.10.2017, from the opposite party. Copies of email messages sent on 28.10.17, 14.11.17, 21.11.17 and 19.12.17 to the opposite party were marked as Ext.A4. Since no reply was received from the opposite party, complainant sent a registered notice to the opposite party on 18.01.18, a copy of the registered notice sent by the complainant to the opposite party is marked as Ext.A5 which asks the opposite party to send Rs.1,546/- to the complainant. The acknowledgement card received by the complainant from the opposite party is marked as Ext.A6 which shows that the registered letter mentioned above was received by the opposite party on 27.01.18.
In his version given by the opposite party, Mr.Rajeev contends that it is clearly mentioned in the final journey description that “snorkling, scuba diving, coral view visits by glass bottom boats were described as self payment which was described to the complainant”. Hence according to the opposite party the payment given by the complainant for glass bottom boat safari for coral view visit of Rs.1,500/- cannot be refunded and complaint may be dismissed. Copy of email message sent to complainant with three attachments is marked as Ext.B1 series.
After perusing the affidavits and going through the documentary evidences filed before this Forum, we understand that the main issue in this case is whether glass bottom boat safari is optional or not. Complainant pleads that it is not optional whereas opposite party contends that it is optional. But, we observe that glass bottom boat safari is not anywhere mentioned in documents filed before this Forum as self payment and optional safari. Hence, we view that collection by the opposite party of Rs.1,500/- (Rupee one thousand five hundred only) – Rs.500/- per person for the complainant, his wife and daughter – from the complainant by the opposite party for the glass bottom boat safari is gross deficiency in service and unfair trade practice which is seen to have been committed by the opposite party. Therefore complaint is allowed.
We direct the opposite party to immediately refund to the complainant Rs.1,500/- (Rupees one thousand five hundred only) unfairly collected by the opposite party from the complainant for glass bottom boat safari; we also order the opposite party to pay to the complainant Rs.4,000/- (Rupees four thousand only) as compensation for much mental agony suffered by the complainant and his family due to unfair and unjust collection of Rs.1,500/-(Rupees one thousand five hundred only) from the complainant for glass bottom boat safari which actually is not a self payment safari and only snorkeling is optional and self payment as per details of tour send by the opposite parties to the complainant before the commencement of this journey. We also direct the opposite party to pay to the complainant Rs.2,000/- (Rupees two thousand only) towards cost of this proceedings incurred by the complainant.
This order shall be complied within one month from the date of receipt of this order; otherwise complainant is also entitled to 9% interest p.a on the total amount due to the complainant from the date of this order till realization should also be paid to him.
Pronounced in the open court on this the 29th day of September 2018.
Sd/-
Shiny.P.R
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Photocopy of online printed receipt issued by opposite party to the complainant
Ext.A2 - Email copy of the booked tickets and final itinerary
Ext.A3 - Email copy of details of the journey
Ext.A4 - Copies of email messages sent on 28.10.17, 14.11.17, 21.11.17 and 19.12.17 sent
by opposite party to the complainant
Ext.A5 - Registered notice dated.18.01.18 sent by the complainant to the opposite party
Ext.A6 - The acknowledgement card received by the complainant from the opposite party
showing receipt from the complainant notice dated.18.01.18 by the opposite party
on 27.01.2018
Exhibits marked on the side of Opposite parties
Ext.B1 series - Computer colour printout of email messages sent to the complainant by
the opposite party with three attachments
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.2,000/-
