By Sri.P.K.Sasi, President
The case of the complainants is that the opposite parties approached the complainants and canvassed their foreign tour package. They assured attracting packages for the foreign trip. The opposite parties assured four days Dubai visit for an amount of Rs. 44,000/- including stay, plain ticket, visa, travelling and food. Accordingly the opposite parties collected Rs.44,000/- each from all the complainants Rs. 40,000/- was accepted by the opposite parties from the residence of 1st complainant as advance and the remaining amount was transferred through bank.
2) As per the direction of the opposite parties on 22/02/17 at about 10 p.m. the complainants reached Nedumbassery Airport whereas there was nobody to receive the complainants as assured by the opposite parties. Then the complainants tried several times to contact opposite parties through telephone but nobody was attended the phone. On 01/03/17 at 5 p.m. Dubai time, the complainants reached at Dubai Air port whereas there also nobody was arranged by the opposite parties to receive them. Nearly 3½ hours the complainants waited at the exit of the Airport but nobody from the side of opposite parties came there. Then as per the voucher received through net the complainants went to Hotel Dubai Palm by taxi. They were told by the hotel authorities that there are two rooms booked for them and only by 2’O clock they can check-in to rooms. Then the complainant happened to wait there from 9 to 2 to get entry to the rooms. Neither any breakfast nor any lunch was arranged by the opposite parties. Everything was taken by the complainants’ by spending their own money.
3) On that day in the sightseeing program of Dubai city the Guide has not given any instructions to the complainants. They drove vehicle in high speed hence, the complainants were unable for sightseeing. On the 2nd day also no food was arranged by the opposite parties everything had by the complainants by spending from their own pockets. On the 3rd day nobody came to take the complainants to anywhere, so they simply spent their time in the Hotel room. On the 4th day by noon they were asked to check out the room but there was no facilities arranged by the opposite parties to take them to the airport. Therefore, after check out the room by 1’O clock up to 7’O clock they simply spent their time in the airport. The hotel authorities charged 30 dirham each from complainants for the two hotel rooms as hotel tax. Out of four days two days opposite parties has not arranged any programs. They also not arranged food for the complainants. The complainants are senior citizens who went for 4 days Dubai visit as assured by the opposite parties but only one or two days some facilities for sightseeing in the afternoon and two dinners were arranged by the opposite parties. A major portion of time of 4 days the complainants happened to spend their time inside the hotel rooms due to the irresponsible acts of the opposite parties.
4) Because of the irresponsible and illegal acts of the opposite parties the complainants happened to sustain severe mental agony, financial loss and heavy hardship which amounts to utter deficiency in service and unfair trade practice on the part of opposite parties towards the complainants. Hence this complaint is filed for getting relief.
5) On receiving complaint notice was properly sent to all the opposite parties whereas, the opposite parties have not cared either to enter appearance before the Forum or to submit any version, evenafter accepting the notice. Hence all the opposite parties set Ex-parte and the case posted for complainants evidence. From the side of complainants the 1st complainant appeared before the Forum and submitted proof affidavit for all and on behalf of other complainants, in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced five documents which are marked as Ext. P1 to P5. Ext. P1 is the brochure of Dubai package given by the opposite parties; Ext. P2 is the copy of lawyer notice; Ext. P3 is the unclaimed notice; Ext. P4 (series) money back credit card statement of HDFC bank and Ext. P5 (series) receipt vouchers received from Dubai Palm Hotel. Since there is no contra evidence available before us from the opposite parties we are inclined to accept proof affidavit filed by the complainants.
6) We heard the learned counsel for the complainants in detail and perused the documents produced as well as the contents of the proof affidavits. The Ext. P1 would go to show that a four day Dubai tour package was arranged by the opposite parties for an amount of Rs.44,000/-. The details of the package of the 4 days are described in their brochure. If at all there was any contra evidence for the opposite parties they should have been submitted their version. Nothing has been done by the opposite parties. Considering the points discussed hereinabove we are of the opinion that the opposite parties have committed deficiency in service as well as unfair trade practice towards the complainants.
In the result, we allow this complaint and the opposite parties are directed to pay Rs.25,000/- (Rupees Twenty five thousand) each as compensation to all the complainants within one month from receiving copy of this order. Failing which, the complainants are entitled to get 9% interest for all those amounts till realisation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of August 2017.