This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he is a Senior Citizen, aged about 70(seventy) years and a retired officer of Government of West Bengal who agreed to travel with the OP/Travelling Agency for 10 days tour to Arunachal Pradesh from 23-10-2013 to 01-11-2013 and paid total amount of Rs.16,149/- to the OP and the scheduled journey commenced on and from 223^rd October, 2013 and he boarded Saraighat Express at about 4 p.m. along with other tourist party.  It is stated by the complainant, at the time of booking of the said tour, the Manager of the OP Company candidly confessed that special care of the aged person/Senior Citizen shall be taken from their end.

          Accordingly, on the basis of full assurances and considering their experience in regard to conducting tour of the OP/Company the complainant proceeded with them and reached at Guawahati on 24-10-2013 and they were checked in a Hotel by the OP/Company and also visited Kamakhya Temple.  But after coming back from Kamakhya Temple he felt sickness at about 7 p.m. as he was a cardiac patient with diabetic and hypertension and so compelled to go out of the Hotel to buy the necessary medicines, but unfortunately while he went to buy medicines from a Medical shop and on his return he could not traced/locate the Hotel till at the night of about 10-00 p.m. since the place was absolutely new to him.  Thus he moved one place to another by a cycle rikshaw but could not identify the Hotel and even not been able to contact the Manager of the OP/Company as no telephone/mobile no. was given by them.  Since, Guwahati is a politically disturbed area, the complainant without taking any risk of moving in the road at night went straight to Paltanbazar Police Station for necessary help.  Fact remains, though the Assistant Sub-Inspector on duty contacted the Police Control, Guwahati Govt. Railway Police Station and Fancy Bazar, P.S. at midnight whether any missing diary was lodged by the aforesaid tour operators, but it is reported that no such missing diary was lodged by the OPs.  So, he had to stay the whole night at Paltanbazar, Police Station sitting with the accused persons and in the next morning with the assistance of the concerned P.S. Official he reached the Hotel.  It is also stated by the complainant that if the Manager of the OP/Tour Company reported the matter or lodged missing diary to any P.S. of that locality, the complainant would have not been suffered in anxiety throughout the night with accused persons of the P.S. and thus got sick and had stomach upset due to severe mental tension acidity and for having sleepless night.

          Being aggrieved by such irresponsible conduct on the part of the OP, the complainant wrote a letter through his Lawyer on 29-11-2013 complaining about the negligence and deficiency in service on the part of the OP/Company and also sent the copies of the letter by Regd. Post to the Department of Consumer Affairs, Department of Tourism, Govt. of West Bengal and Guwahati Police Station and filed this complaint for compensation etc.

          In its written version the OP1 stated that they have made all arrangements with their best efforts to ensure the comfort of the tourists.  In the instant complaint, the complainant himself has not made any averment to the effect that he was not rendered service that was promised, but alleged deficiency and not complying instruction of OP.  It is stated that the complainant was fully aware of the tour programme and the condition, the complainant availed of the tour knowing the details of the tour programme from the OP.  Fact remains the group of the tourists, including the complainant accompanied by members of staff/employees of the OP1 proceeded to Guwahati from Kolkata via Saraighat Express on October 23, 2013.  After reaching Guwahati the group of tourists were checked in at Hotel Fortune on 24-10-2013 at about 10-30 a.m. and thereafter for the scheduled visit of Kamakhya Temple was conducted and the tourists came back at the Hotel about 7 p.m.  All the guests including the complainant were then notified that dinner would be served at 10.00 p.m.  But when the staff members of the OP1 went to call the complainant for dinner at about 10 p.m. the complainant could not be found in his room or anywhere in the hotel premises.  The gentleman who was sharing the room with the complainant, one Mr. M.K. Mitra, informed the staff members of the OP1 that the complainant had left the hotel room on his own without mentioning where he was going and for what purpose he was going outside from the Hotel premises.

          The complainant also came back to the hotel on the next day morning at about 5.20 a.m. and casually went about arranging his things without bothering to explain his whereabouts during the last night.  So, the OPs were under the impression that he might be at the relative or any of his friends house during the last night.

          It is also stated that during the tour programme the complainant was suffering from stomach discomfort and he was taken to a Govt. Hospital in Tawang on 27^th October, 2013 and the cost of treatment was incurred by them.  At the fag end of the tour, while other tourists were requested to fill in Feedback Form to ascertain the positive and negative reaction of the tourists, he then filled in the Feedback Form without making any allegations as made out in the petition of complaint.

          It is further stated that the complainant along with other tourists reached Kolkata on 30^th October, 2013 and, thereafter, after waiting long 30 days he made a written representation by a letter dated on 29^th November, 2013 consisting certain false, fabricated, needless and baseless allegations, alleging purported deficiency in service and unfair trade practice against them who rendered service to the complainant.

          The OP again stated that the entire matter was caused due to the acts of the complainant over which the OP and its staff had absolutely no control whatsoever, and its staff cannot be blamed in anyway and there cannot be any lack of service rendered by the OP.

          In view of the aforesaid statements this instant complaint ought to be dismissed with cost.

Decision with Reasons

Admittedly, the complainant availed the tour programme for Arunachal Pradesh on and from 23^rd October, 2013 to 1^st November, 2013 being conducted by the OP/Shakti Travels for 10 days on payment of Rs.16,149/- and reached Guawahati on 24^th October, 2013 and checked in a hotel.  It is stated by the complainant that iin the evening while he was feeling sickness and looked for the Tour Manager of oOP2 who was then out of the hotel, so he compelled to go outside of the hotel to buy medicine but somehow he could not locate the hotel while returning and also not been able to contact the Hotel Manager since no contact No. was given to him by the OP/Tour Manager.

          Finding it difficult to locate the hotel till 10.00 p.m. he ultimately went to the local P.S. i.e. Paltanbazar Police Station determining that the Tour Manager of the OP/Company would definitely may contact the P.S. or to lodge missing diary about his absence from the hotel.  Though the ASI of the P.S. on duty contacted the Police Control, G.R.P. and Fancy Bazar Police Station, but no diary was lodged or no missing information was also communicated to any of the P.S. of that locality so as per advice of the ASI of the P.S. he stayed the whole night at the Police Station and in the next morning with the help of the police, he reached the hotel at about 5 a.m. in the morning.

          It is also stated by the complainant that due to non-cooperation and negligence of the OP/Tour Operator for such untoward incident occurred.  The main contention of the complainant is that the OP failed to provide adequate assistance and security to the tourists along with him and even no effective effort was taken by the OP/Tour Company to find out him and also no missing diary was recorded before the local P.S. from their end to enquire about him throughout the night.

          On the basis of the aforesaid facts and circumstances, for the interest of justice, the complainant claimed to pay Rs.50,000/- by way of compensation from the OP for such act of negligence of duty and issued legal notice to the OP vide letter to the OP vide letter dated 29-11-2013.  On the other hand, it is the submission of the OP/Shakti Travels that the complainant along with other tourists reached Kolkata on 30-10-2013 after the completion of tour programme and therefore after waiting long 30 days, the complainant made a written representation by a letter dated on 29^th November, 2013 consisting certain baseless allegations.  The complainant voluntarily undertook the trip to Arunachal Pradesh on his own accord.  The incident was narrated by the complainant for his own laches.  The complainant has never informed the co-tourist who was sharing the same room with him before leaving the hotel premises though he himself admitted that the place, Guwahat was totally unknown to him.  Knowing fully well he took the decision of his own to go out of the Hotel.  It is a matter of fact since the complainant declared himself a senior citizen, it was the hard and fast duty of the complainant to collect the name of the Hotel and contact no. of Hotel and Tour Manager or to take any companion tourist with him, but the complainant has not done.  The OP in its submission also argued that they did not file any missing diary as some of the tourists stated that the complainant might have gone to the resident of any relative and/or friend.  Considering the above situation the question of deficiency in service does not arise at all as the complainant himself breached the terms and conditions of the tour programme which was conducted by the OP.

          We have gone through the details of the records and observed that it is true and admitted fact that the complainant undertook the journey with the OP/Shakti Travels to visit Arunachal Pradesh along with other tourists on 23-10-2013 according to their scheduled tour programme and reached Guwahati on 24^th October, 2013 and checked in a hotel as arranged by the tour operators.  According to the complainant, in the evening while he was feeling sickness and needed some medicine, he looked for the Tour Manager of OP2 who was then out of the hotel, he then on his own left the hotel considering the urgency to buy the medicine from the local Medical Shop, somehow while he was returning but could not identify/locate the Hotel and even he had not been able to contact either the Hotel Manager or the OP party as no contact no was given to him by them.  Since Guwahati is a political disturbed area, he had taken shelter to the local police station during the night and became sick. In the next morning with the assistance of local P.S. he reached the hotel.

          The main contention of the complainant is that OP failed to provide adequate assistance and security to the tourists and even no effective effort has taken by the OP/Tour Company to find out him and also no missing diary was recorded before any P.S. of that locality from their end and to enquire about him through out the night.

          In this case, being a tour operator, the OP cannot evade their responsibility on the plea that the complainant had left the hotel on his own without informing anybody else and also under the impression that he might have gone to any relative or friend‘s house.  They had their more responsibilities about the whereabouts of Guest/Tourists, whom they had taken and conducted the tour programme by taking total tour money from them.  In lieu of payment, the OP is bound to render their services, but there was laches to render actual help to the tourists at all times during the journey and tour programme.

          A tour manager and their other staff should have to keep strict vigil on travelers in their genuine need and discomforts.  Since the complainant belongs to Senior Citizen Category, they ought to have been provided more attention by the tour operator during the period of travel of such tourists and to keep their mobile/contact nos.  Obviously the OP/Shakti Travel might not be escaped on the plea that the complainant signed on the report of successful tour programme and for such neglected attention on duty on the part of the company for which the complainant had to bear the burnt of dreadful pain and anxiety throughout the whole night along with the accused persons at the Paltanbazar P.S. in spite of best assurances of service to be given by the OP/Tour Company.         

          In the backdrop of such state of affairs, we are inclined to hold that there is deficiency in service on the part of the OP/Shakti Travel as enshrined u/s.2(1)(g) and (r) of the C.P. Act, 1986 for causing hardship, mental anxiety and discomfort of the complainant and, as such, both the OPs are liable to refund the booking money by way of compensation at least Rs.8,000/- along with litigation cost of Rs.2,000/- and shall pay to the complainant.

          In the result, the case succeeds.

Ordered

That the case be and the same is allowed on contest against the OPs with a litigation cost of Rs.2,000/-.

          The OPs are jointly and severally directed to pay compensation of Rs.8,000/- to the complainant for such negligent act during the tour programme as rendered by the OPs.

          The OPs will have to comply the above order strictly within 30(thirty) days failing which for each day’s delay and disobedience of Forum’s order, OPs will have to pay punitive damages @Rs.100/- per day till full satisfaction of the decree and, if any, reluctant attitude of the OPs are found for complying the Forum’s order in that case penal proceeding u/s.27 of the C.P. Act, 1986 shall be initiated against the OPs.