Complainant through Lrd. Adv. Shah
Opponents absent (Ex-parte)
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(24/04/2014)
This complaint is filed by the consumer against the traveling company for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a medical practitioner and residing at Anand Nagar, Pune. The opponent no. 1 is a proprietor and the opponent no.2 is a tour manager of the traveling company named as M/S Atharva Travels. The complainant has decided to go to the trip for Kerala along with his family. He approached to the opponent and paid an amount of Rs. 45,000/- for the said trip for himself, his wife and daughter. The complainant has faced various inconveniences and deficiencies during the course of the said trip. The trip was not properly organized by the Manager. The Manager had changed plans from time to time. The arrangement for accommodation was not up to the mark. Due to the mismanagement, the complainant and his family members could not enjoy the trip. The manager had recovered extra amount of Rs. 7,000/- for additional programme but could not obtain tickets for the same. The complainant and his family members had suffered a lot. They themselves have purchased tickets from Railway station. They had wasted their time for purchasing railway tickets etc. Due to mismanagement, they could not attend sunset and other points. They have not received confirmed reservation tickets. Hence, on all these grounds the complainant has asked refund of Rs.45,000/-, which was paid by him as well as Rs. 7,000/- which were spent by the complainant as additional expenses. The complainant has also asked compensation of Rs.15,000/- for mental and physical harassment and Rs. 5,000/- cost of the proceeding.
2] The opponents though duly served remained absent and failed to contest the complaint. Hence, the complaint proceeded ex-parte against them.
3] The complainant has filed office copy of notice, copy of tour program, copy of written complaint, which was made to the opponents immediately after completion of the trip, tickets, brochure and the receipts.
4] The allegations made by the complainant on oath are supported by documentary evidence and remained unchallenged. It reveals from the record that, the complainant had completed trip of Keral darshan, which was arranged by the opponent. In such circumstances, they are not entitled for the refund of entire amount of Rs.45,000/-, which was paid by them to the opponent. However, the complainant is entitled for compensation on the ground of deficiency and for the mental and physical sufferings as well as cost of the litigation. It is very painful to say that even after depositing entire cost of the trip with the opponent, the said traveling agency had not made proper arrangement of the trip and complainant and his family members had faced inconveniencies and trauma during the trip. They could not enjoy the trip. In such circumstances, it is the opinion of the Forum that they are entitled to receive Rs. 10,000/- for deficiency in service and compensation for mental and physical sufferings. The complainant is also entitled to recover an amount of Rs. 5,000/- as the costs of the proceedings. In the result, we pass the following order.
** O R D E R **
1. The complaint is partly allowed.
2. It is hereby declared that the opponents
have caused deficiency in service.
3. The opponents are directed to pay total
amount of Rs. 15,000/- (Rs. Fifteen
Thousand only) to the complainant
within six weeks from the date of receipt
of copy of this order.
4. On failure to pay abovementioned amount
of Rs. 15,000/- within six weeks, the
complainant is entitled to receive interest
@ 9% p.a. on the said amount from the
date of filing of the complaint till its
realization.
5. Copies of this order be furnished to
the parties free of cost.
6. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 24/04/2014
