Tamil Nadu

South Chennai

CC/224/2013

Lion Ebenezar Balasundaram.E - Complainant(s)

Versus

Royal Omanla Tours Travels (P) Ltd., - Opp.Party(s)

Party in person

02 Sep 2015

ORDER

                                                                         Date of Filing :  15.07.2013

                                                                        Date of Order :  02.09.2015.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                      : PRESIDENT

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

                

                            C.C.NO.224/2013

WEDNESDAY THIS 2^ND   DAY OF SEPTEMBER 2015

 

Lion Ebenezar Balasundaram E.

No.8/1 Venkateswara Nagar Main Street,

Moolakadai,

Sembium,

Chennai 600 011.                                          ..Complainant

 

                                                 ..Vs..

The Manager,

M/s. Royal Omania Tours and Travels (P) Ltd.,

Akshaya Plaza Ltd.,

F-855 /56 Adithnar Salai (Harris Road),

Opposite to Chief Metro Politan Court,

Egmore,

Chennai 600 002.                                           .. Opposite party.

 

For the Complainant            :   Party in person.

For the Opposite party         :   M/s. T.Easwaradhas & other     

 

        This complaint is being filed by the complainant u/s 12 of the C.P. Act 1986 for a direction to the opposite party to refund the ticket amount of Rs.53,000/- along with interest and also to pay a sum of Rs.3,00,000/- as compensation for mental agony  and also to pay a sum of Rs.10,000/-  with cost of the proceedings to the complainant.      

ORDER

 

THIRU. B. RAMALINGAM PRESIDENT        

 

 

         

1.The case of the complainant is briefly as follows:-

        The opposite party being recognized Travel Agency by Tamil Nadu Government (TAMCO) for arrangement of Holy Land Tour by granting subsidy for pilgrimage.   The opposite party arranged Holy land trip  to Eypt, Jerusalem, Palestine and Jordan  well in advance and fixed the date as on 18.5.2013  at about 10.00 a.m.  The complainant approached the opposite party has availed sanction of Rs.20,000/- as subsidy  of the said tour on the direction by the said TAMCO  and approached the opposite party and registered himself as one of the pilgrimage for the said tour on 3.4.2013 and paid a sum of Rs.33,000/- and also paid a sum of Rs.20,000/- on 5.4.2013 total for Rs.53,000/- besides the subsidy of amount of Rs.20,000/- and got necessary receipts from the opposite party. 

2.     After making the said payment opposite party have not given any particulars or sent any document relating to air ticket, visa, itinerary  to the complainant till 17.5.2013 at 5.15 p.m.   The complainant has received SMS sent by the opposite party in a single sentence as follows:  “Sir your reporting time at the airport is 6.30 a.m. on 18.5.2013 Saudi Airlines “ without furnishing any other details regarding the Air ticket, visa details or itinerary etc.   Despite of several attempts made by the complainant to contact the opposite party through phone calls were not attended by the opposite party or not received any reply by phone or by email information from the opposite party.    The opposite party did not provide proper service to  the complainant.  As such the act of the opposite party is amount to deficiency of service.  As such the complainant has filed this complaint against the opposite party seeking    to refund the ticket amount of Rs.53,000/- along with interest and also to pay a sum of Rs.3,00,000/- as compensation for mental agony  and also to pay a sum of Rs.10,000/- with cost of the proceedings to the complainant.     Hence the complaint.     

Written version of   opposite parties  are  as follows:-

3.     It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein.   The opposite party being recognized Travel Agency by Tamil Nadu Government for arrangement of Holy Land Tour.   The opposite party arranged Holy land trip  to Eypt, Jerusalem, Palestine and Jordan  well in advance and fixed the date as on 18.5.2013  at about 10.00 a.m.  The complainant approached the opposite party has availed sanction of Rs.20,000/- as subsidy  of the said tour on the direction by the said TAMCO  and approached the opposite party and registered himself as one of the pilgrim for the said tour on 3.4.2013 and paid a sum of Rs.33,000/- and also paid a sum of Rs.20,000/- on 5.4.2013 total for Rs.53,000/- besides the subsidy of amount of Rs.20,000/- and got necessary receipts from the opposite party.    

4.     At the time of payment made, the opposite party fully explained to the complainant about the tour programme and provided itinerary on the date of first payment itself.   After 6.4.2013 the complainant failed to approach the opposite party for getting relevant details including flight ticket and Egypt Visa copy.   Therefore the opposite party repeatedly attempted to contact the complainant, since the complainant had not responded to attend the phone calls.  The opposite party contacted the complainant’s daughter Sharon Christiana Cell No.9884663909 on 17.5.2013 and also requested her to inform the complainant to join the group at International Air port Meenambakkam at about 6.30 a.m.  Prior to that since the complainant failed to approach the opposite party for getting Air ticket and visa copy, the opposite party sent the above details by post on 15.5.2013 with covering letter Air Ticket, and Egypt Visa.   Since the complainant failed to give his email address it became impossible to the opposite party to send the above details by email.   The opposite party attempted to contact the complainant by his cell phone on 14.5.2013 at about 13.25.46. p.m. in his phone No.9382159117 and also at about 19.10.45 p.m to the same cell number.  In both the occasion he received the calls and informed as he is busy and asked the opposite party to call latter.   Even after that the opposite party repeatedly attempted to contact but he used to disconnect.   After that there is no response from the complainant’s side.  The total number of pilgrimages in the said team is 48.  Out of the said 48 all the other 47 pilgrims assembled at Airport sharply at about 6.30 a.m on 18.5.2013.  The staff members of the opposite party assisted the pilgrims for completing the formalities and they all safely boarded into the flight.   From 6.30 a.m onwards the opposite party repeatedly attempted to contact the complainant to his cell number but nobody was responding until 9.00 a.m.  There is no mental agony or hardship to the complainant since he willfully and intentionally failed to attend the Holy tour progarmme for the best reason known to him only.    Hence there is no deficiency of service on the part of the opposite party.     Therefore the complaint deserves to be dismissed.

5.   Complainant has filed his Proof affidavit and  Ex.A1 to Ex.A9 were marked on the side of the complainant.    Opposite party have filed his proof affidavit and Ex.B1 to Ex.B14 were marked on the side of the opposite parties.  

5.         The points that arise for consideration are as follows:-

1.    Whether there is any deficiency in service on the part of the opposite party ?

 

2. To what relief the complainant is entitled to?

 

6. POINTS 1 & 2 :

         Perused the complaint filed by the complainant, written version filed by the  opposite party,  the  proof  affidavit filed by complainant and opposite party and Ex.A1 to Ex.A9 filed on the side of the complainant and Ex.B1 to Ex.B14 filed on the side of the  opposite party  and considered both side arguments.

7.     There is no dispute that the opposite party being recognized Travel Agency by Tamil Nadu Government (TAMCO) for arrangement of Holy Land Tour by granting subsidy for pilgrimage.   The opposite party arranged Holy land trip  to Eypt, Jerusalem, Palestine and Jordan  well in advance and fixed the date as 18.5.2013  at about 10.00 a.m.  The complainant approached the opposite party having availed sanction of Rs.20,000/- as subsidy  of the said tour on the direction by the said TAMCO  and approached the opposite party and registered himself as one of the pilgrims for the said tour on 3.4.2013 and paid a sum of Rs.33,000/- and also paid a sum of Rs.20,000/- on 5.4.2013 total for Rs.53,000/- besides the subsidy of amount of Rs.20,000/- and got necessary receipts from the opposite party. 

8.     The complainant alleged that after making the said payment the opposite party have not contacted him and not given any particulars or documents or air ticket etc. regarding the said tour programme.   Whereas the opposite party has denied the same and stated that on the date of making payment  by the complainant, the opposite party was explained in detail about the tour programme and provided itinerary on the date of first payment itself and opposite party further stated that on 6.4.2013 also the complainant visited the opposite party’s office and made some queries and the opposite party fully explained with respect to the tour programme.   Whereas the complainant has not denied the same in his proof affidavit, the said contention made by the opposite party.  

9.     The main grievance raised by the complainant is that with regard to the tour programme the opposite party has not given any particulars or sent any document relating to air ticket, visa, itinerary  to the complainant till 17.5.2013 at 5.15 p.m.  The complainant has received SMS sent by the opposite party in a single sentence as follows:  “Sir your reporting time at the airport is 6.30 a.m. on 18.5.2013 Saudi Airlines “ without furnishing any other details regarding the Air ticket, visa details or itinerary etc.   Despite of attempt made by the complainant to contact the opposite party through phone calls were not attended by the opposite party or not received any reply by phone or by email information from the opposite party.   Whereas the opposite party has denied the said allegation made by the complainant against the opposite party and stated that since the complainant has not given any email particulars to the opposite party they are not able to contact the complainant  by email and not sent any email to the complainant.   But they have  tried to contact the complainant through phone the complainant has not attended the phone call the opposite party contacted the complainant’s daughter Sharon Christiana  to her Cell No.9884663909 on 17.5.2013 and also requested her to inform the complainant to join the group at International Air Port Meenambakkam  at about 6.30 a.m.    Prior to that since the complainant not contacted by phone and failed to approach the opposite party for getting air ticket and visa, the opposite party send the above details by post on 15.5.2013  with covering letter Air ticket, and Egypt Visa and also tried to contact the complainant by his cell phone on 14.5.2013 at about 13:25:46 p.m. in his phone No.9382159117 and also at about 19:10:45 p.m. to the same cell number.   In both the occasions the complainant received the calls and informed as he is busy and asked the opposite party to call later.  

10.    Even after that the opposite party repeatedly attempted to contact but he used to disconnect.   In order to prove the same, the opposite party  filed a copy of letter dated 15.5.2013 addressed to the complainant and details of air ticket and copy of the itinerary tour programme as Ex.B5 and the copy of the statement of the telephone calls as Ex.B6 dated 14.5.2013.  The copy of statement of telephone calls dated 14.5.2013 Ex.B6 proves that the opposite party has contacted the complainant in his cell No. 9382159117 as on 14.5.2013 two times as mentioned in the said statement of calls in serial No.53 & 55.  Therefore the complainant’s complaint that the opposite party have not properly informed and contacted the complainant and not informed about the tour programme early to SMS sent by them on 17.5.2013 is not acceptable.   The opposite party have also stated that the opposite party had contacted the complainant ‘s  daughter Sharon Christiana cell phone and informed about the tour programme and departure time etc by asking  her to convey the same to the complainant.   But this was not denied by the complainant specifically either in complaint or in his proof affidavit.    Apart from that   the complainant himself admits that he had received SMS on 17.5.2013 from the opposite party at 5.15. p.m. asking the complainant to report at airport at 6.00. a.m. on 18.5.2013 and the complainant being a well prudent person having travelled several times to foreign country through air lines would have knowledge about the procedure of airport to be present in airport before three hours of the departure  of the said flight, complainant has not taken any care to reach the airport on 18.5.2013  at 6.00 a.m. though the complainant was asked  by the opposite party to report there.   But the complainant has stated that he has started from his residence at Mulakadai at 6.00 a.m. on 18.5.2013  by hiring an Auto and on the way the said auto was punchered and the complainant has catched another auto and reached the airport at 8.45. a.m. are all,  clearly proves that the complainant has not taken proper care to reach the airport as requested by the opposite party by SMS as contended by the opposite party is acceptable.  Further even the complainant has not proved any other evidence except his averment in the complaint and in the proof affidavit for the fact that he has started at his residence at 6.00 a.m on 18.5.2013 through auto and the said auto was punchered the complainant has catched  another auto and reached the airport at 8.45 a.m, since the opposite party has denied the said fact stated by the complainant, it is the burden on the side  of the complainant to prove the same.  Whereas the complainant has miserably failed to prove the said above fact before this forum by producing necessary evidence for the same. 

11.    The opposite party have also stated that along with the complainant and other 47 pilgrims were arranged for the said tour and they were present on 18.5.2013 at Airport in time assisted by the opposite party’s staff they were made arrangements for boarding the flight.  Whereas despite of the previous information given to the complainant, the complainant has not reached the airport till 9.00 a.m. on that day despite of search made by their opposite party’s staff at Airport.   The contention of the opposite party that the complainant has not reached the Airport on 18.5.2013 in time which is the fault of the complainant alone for which the opposite party cannot made responsible is acceptable.   

12.    It is also pertinent to note that the other pilgrims for whom the tour programme was arranged along with complainant have not made any complaint against the opposite party in respect of previous information about departure as made by the complainant  in this complaint.   Further all other pilgrims were present in the Airport in time on the schedule date and they were arranged for boarding without any complaint.  The complainant have also not attributed any specific malafied intention against the opposite party. 

13.    Further, as a prudent man, having known that the tour programme was fixed for other 47 pilgrims to accompanying him, in a normal course he had not made any attempt to contact and to attempt to get information from them, which also appears to be fault on the complainant as he had not taken any appropriate care in proceeding for the tour.

 14.   The complainant having failed to take care by himself  to reach the airport in time  and blaming the opposite party not arranged tour programme for him properly as such the opposite party have committed deficiency of service and unfair trade practice are all not acceptable as contended by the opposite party.    Further the document filed by the opposite party on their side in respect of the tour programme arranged for the complainant and other 47 pilgrims for the said pilgrims with list of air ticket and visa itinerary are proved that the opposite party has properly taken care and made prior arrangements to the programme in proper manner.    Therefore the allegation made by the complainant against the opposite party that the opposite party has not intentionally informed to the complainant about the tour programme and committed deficiency of service and unfair trade practice are all not acceptable.   The  complainant has miserably failed to prove the allegation attributed by him  against the opposite party.

15.    Further the complainant has sought for refund of the amount paid by him to the opposite party towards the tour programme.  Whereas the document filed by the opposite party or proves that including the complainant and other 47 pilgrimages necessary arrangement were made, and in respect of Airport ticket getting visa and booking of hotel arrangements for their stay in abroad were made by making necessary payment. Therefore as contended by the opposite party, out of the amount paid by the complainant the said necessary arrangement were made and were paid in advance as such the amount were spent by the opposite party.   Therefore the complainant’s grievance of return of the amount also not sustainable and the opposite party had not made benefit out of the said amount is also acceptable.  Therefore the complainant is not entitled for any relief sought for in the complaint.

16.    Therefore we are of the considered view that the complainant having joined Holy Land Tour Programme with sanction of subsidy from the Government despite of necessary arrangement made by the opposite party on receipt  of the Rs.53,000/- from the complainant the complainant has not taken adequate care to take part in the tour programme and remained absent  / not present  to assemble at Airport.  Whereas other pilgrims were present,  and sent for tour programme  arranged by the opposite party.  The deficiency of service attributed by the complainant against the opposite party is not proved, as such the complainant is not entitled for any relief sought for in the complaint  against opposite party  and the complaint is liable to be dismissed.  Considering the facts and circumstances parties have to bear their own cost of litigation and as such the points 1 & 2 are decided accordingly.    

        In the result this complaint is dismissed. No costs.         

 Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this  2^nd     day of September  2015.

 

MEMBER-I                                                                                                         PRESIDENT.

Complainant’s Side documents :

Ex.A1- 18.1.2013      - Copy of Selection letter to Holy Land Tours issued by

                               The Commissioner and Executive Director of the Tamil Nadu.

 

Ex.A2- 8.2.2013        - Copy of Selected letter of Tour Operators issued by the

                               Commissioner and Executive Director of the Tamil Nadu.

 

Ex.A3- 3.4.2013 &

          5.4.2013       - Copy of Payment Receipts.

 

Ex.A4- 29.1.2010      - Copy of Passport Details

 

Ex.A5- 20.5.2013      - Copy of letter addressed to Commissioner and Executive

                                Director of Tamil Nadu Minorities.

 

Ex.A6- 20.5.2013      - Copy of letter address to M/s. Royal Omania Tours and

                               Travels (P) Ltd., Chennai.

 

Ex.A7- 29.5.2013      - Copy of opposite party advocate’s letter.

Ex.A8- 5.6.2013        - Copy of reply letter.

Ex.A9- 10.6.2013      - Copy of advocate’s letter.

 

Opposite parties’ side documents: -    

 

Ex.B1- 3.4.2013        - Copy of receipt for the payment.

Ex.B2- 5.4.2013        - Copy of receipt for the payment.

Ex.B3-           -               - Copy of Itinerary.

Ex.B4-                    -       - Copy of Registration Form.

Ex.B5- 15.5.2013      - Copy of letter send by the opposite party.

Ex.B6- 14.5.2013      - Copy of call statement.

Ex.B7- 18.5.2013      - Copy of letter send by the opposite party.

Ex.B8- 20.5.2013      - Copy of notice issued by the opposite party.

 

Ex.B9- 29.5.2013      - Copy of reply notice.

Ex.B10-         -        - Copy of passenger itinerary receipt.

Ex.B11-         -      - Copy of Certificate of individual travel insurance.

Ex.B12-         -        - Copy of Egypt Visa transportation from Taba.

Ex.B13-         -        - Copy of Israel – 20^th May to 25^th May.

Ex.B14-         -        - Copy of payment details.

 

 

 

MEMBER-I                                                                                                            PRESIDENT.