Complainant through Adv. Shri. Sawant
Opponent through Adv. Shri. Shirgaonkar
*-*-*-*-*-*-*-*--*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*--
Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(31/05/2013)
This complaint is filed for deficiency in service against the opposite party, on behalf of the tourists, who had traveled a tour of Purvanchal organized by the opposite party. The brief facts are as follows,
1] In all 13 tourists have filed this complaint through representative. It is the case of the complainant that the opposite party had organized tour towards Purvanchal for 24 days. The tour has been started on 2/11/2006 and it was to be completed on 24/11/2006. The complainants had enjoyed the tour for first 9 days happily, i.e. till 10/11/2006. But when they reached at Aizwal, the flight was to be proceeded to Imphal, was cancelled due to bad weather and all the tourists had required to stay at Aizwal for 3 days. During that period of 3 days, the opponent had agreed other site seeing and spent certain expenses. It is the case of the complainants that the Aeroplane Company i.e. Indian Airlines paid compensation due to cancellation of the flight to the opponent and amount of that compensation was Rs. 3,605/- per passenger and lodging charges of Rs. 15,000/-. The opponent had to refund that amount to complainants but the opponent has reduced that amount to the tune of Rs. 1540/- and paid less amount of Rs. 2,717/-. The complainants have also asked refund of Rs. 1200/-, which was charged in excess by the opponent. They have claimed an amount of Rs. 4,500/- as a compensation for not showing tourist places as per the agreement. They have claimed compensation, which was awarded by India Airlines, deduction of return fare charges, to the tune of Rs. 3,537/-. They have claimed an amount of Rs. 5,000/- for mental and physical suffering and cost of Rs. 1000/- for each complainant. Each complainant has claimed an amount of Rs. 13,697/- and total claim of 13 complainant is Rs. 1,78,061/-. They have also claimed interest @ 18% p.a. on the said amount.
2] The opponents resisted the claim by fling written statement, in which the opponents have denied the contentions of the complaint in toto. The facts as regards the arrangement of tour is admitted by the opponents. But according to them, the tour program was changed due to cancellation of the flight by the Indian Airlines, due to bad weather and there was no fault of the opponent for changing tour program. Meeting was held at the house of one of the complainant and they agreed to receive Rs. 1540/- per person, which was paid by the Aeroplane Company. The opponents had shown different places for three days, when the tour was changed due to bad weather. The amount of compensation, which was paid by the Aeroplane Company was utilized for lodging and boarding. Moreover, the opponent had sustained loss due to interruption of bad weather, as they have booked hotels for the complainants and other tourists and they have spent an amount of Rs. 28,000/- for the same. The opponent had also spent car fare, bus fare and hotel fare. They had required to spent additional amount of Rs. 3,391/- per tourist. After deducting the said amount, each complainant was entitled to receive Rs. 866/-. However, the opponent had paid an amount of Rs. 1540/- and which was extra money. According to the opponent, the complicated questions are involved in this proceeding; hence the complainants should approach Civil Court for adjudicating the dispute. It is also contended that there is no deficiency in service on the part of opponent and they have prayed for dismissal of the complaint.
3] After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments, as well as perusing written arguments of both the parties and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether complainants have proved that the opponents had caused deficiency in service? | In the affirmative |
2. | What order? | Complaint is partly allowed |
REASONS :-
4] The admitted facts in the present proceedings are that the complainants had traveled with the opponent from 2/11/2006 to 24/11/2006, but on the 10th day of the tour, there was interruption in the trip due to bad weather, as Indian Airlines has cancelled the flight from Aizwal and the complainants and other tourists had required to stay for three days at Aizwal. It is not in much dispute that the Indian Airlines paid compensation to organizer due to cancellation of flight and it has also paid compensation for the stay of the tourists. It is significant to note that, Indian Airlines paid charges for lodging, then the opponent can not claim that amount from the tourists. There is no increase or decrease in the tour programme and all the complainants have paid cost of the tour in advance. In such circumstances, the tourists need not pay excess amount for the same tour. According to the opponent, due to cancellation of flight, amount which was spent by them for booking of the hotels and amount, which was paid for cultural programme was wasted and that amount should have been adjusted and the tourists have required to pay excess amount. I have already observed that Indian Airlines has paid lodging charges for the tour for three days. In such circumstances, the cost of lodging can not be recovered from the tourists. The boarding charges were not paid by the opponent in advance to the lodges, as the lodges, which were booked by them were not occupied by them. Hence boarding charges can not be recovered from the Tourist. The opponent had shown extra amount of Rs. 78,000/-, which was spent by them for those three days. As there was no increase in the days of tour, in my opinion that amount can not be recovered from the tourists. The complainants are not entitled for compensation for not showing places, which were agreed by the opponents, as the opponent had shown different places during stay at Aizwal for those three days to them. The complainants are entitled for compensation as regards the amount which was paid by Indian Airlines for cancellation of the flight and that amount is to the tune of Rs. 4257/- per tourist. The opponent had paid an amount of Rs. 1540/- per tourist, that should be deducted from the said compensation. After deducting said amount, each complainant is entitled to Rs. 2,717/-. They are also entitled to receive compensation of Rs. 2,000/- for deficiency in service, Rs. 3,000/- for mental and physical torture and cost of the proceeding to the tune of Rs. 1,000/-. Thus, each complainant is entitled to Rs.8,717/-. In the result, I answer the points accordingly and pass the following order
** ORDER **
1. The complaint is partly allowed.
2. It is hereby declared that the Opponent
has caused deficiency in service by
not providing services as agreed.
3. The opponent is directed to pay total
amount of Rs. 8,717/- (Rs. Eight Thousand
Seven Hundred Seventeen only) to each
complainant within four weeks from the
date of receipt of copy of this order.
4. Copy of order be supplied to both the
parties free of cost.
