CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.52/2007
- SH. GAUTAM BHATIA
S/O SH. OM PRAKASH BHATIA
- MRS. SMRITI MANCHANDANEE BHATIA
W/O SH. GAUTAM BHAITIA
BOTH R/O C-48, Y-3, C-BLOCK,
DILSHAD GARDEN, DELHI-110095
…………. COMPLAINANT S
Vs.
M/S SHREE RAJ TRAVELS & TOURS LT.,
B-14, CHIRAG ENCLAVE,
NEAR NEHRU PLACE,
NEW DELHI-110048
…………..RESPONDENT
Date of Order:08.06.2016
O R D E R
A.S. Yadav – President
In brief the facts of the case are that the complainant No.1 got married with complainant No.2 on 22.01.2006. Before their marriage, complainants planned their honeymoon trip at Malaysia and Singapore and accordingly contacted the OP. OP offered a six nights seven days package to the complainants according to which two days were to be spent at Kuala Lumpur and Genting each and three days were to be spent in Singapore. The total amount of the said package was to the tune Rs.72,000/- which was duly paid by the complainants.
It is further stated that the tour programme was not delivered to them on time despite request. The same was delivered one day before their marriage. Perusing the tour programme, the complainants came to know that the OP on their own without the consent and knowledge of the complainants, reduced the duration of package from six nights seven days to six nights and six days and therefore they were not such in a position to cancel the trip and demand the refund of their money from the OP and under compelling circumstances, they adopted the changed plan of the OP.
Complainants reached Kuala Lumpur on 26.01.2006. On 28.01.2006 they were transferred to Genting and were left at the door of Awana Hotel in Genting at 2.15 p.m. where security deposit was demanded from the complainants by the hotel staff. As per the tour programme no such payment was to be made. As per the itinerary, the complainants were supposed to have lunch at Kampung Restaurant at 1.00 p.m. which was at a far distance from the place and took one hour to reach there and when they reached there, restaurant was already closed and the hotel had no information about their lunch. Because of the negligent and irresponsible behaviour of the OP, complainants faced hardships. Next day complainants have to have their lunch at Kampung restaurant. They have to check out from Awana Resort at 5.00 p.m. They were shocked to see that their room was locked and they were asked to pay the rent. There was no information in the itinerary that the complainants have to check out before 12.00 noon. After much persuasion complainants were allowed to take their luggage from the said room within 15 minutes. Thereafter complainants were taken to Kuala Lumpur and the driver asked them to take dinner at that time at 6.00 p.m. which was ridiculous. The complainants finally had dinner at 7.30 p.m. and were transferred to railway station at 8.15 p.m. and there complainants had to wait for two hours to board the train. Efforts were made to contact tour programmer but to no avail.
Complainant reached the Fort Canning Lodge Hotel at their own cost as nobody picked up them from railway station. At the hotel they were informed by the hotel staff that their booking has been cancelled. Complainants tried to contact tour programmer to their level best to but no avail. Ultimately they searched a room at their own cost in YMCA and stayed two nights there. It is stated that there is deficiency in service. It is prayed that a sum of Rs.1,94,000/- be awarded in favour of the complainant and against the OP alongwith future and pendentelite interest @ 24% p.a.
OP in the reply took the preliminary objection that the this Forum lacks territorial jurisdiction to entertain the present complaint as the address of the OP is of Connaught Place and also the complaint suffers from non-joinder of other parties. It is further stated that the complainant have not filed any documents regarding the deficiency pointed out by them. It is prayed that the complaint be dismissed.
In the rejoinder it is stated by the complainant that office of OP is within the jurisdiction of this Forum.
We have carefully perused the record.
So far as territorial jurisdiction of this Forum is concerned, it is significant to note that OP was having its office with the territorial jurisdiction of this Forum and the receipt shows office address of the Nehru Place which is within the territorial jurisdiction of this Forum. So far as the change in the duration of tour programme from six nights and seven days to six nights and six days is concerned, the same has been accepted by the complainant. So far as the lunch etc. at Kampung Restaurant is concerned, the same was within the itinerary however the lunch should have been provided at the Kampung Restaurant. It is a matter of common knowledge that the check out time is 12.00 noon and when the complainants were going to Kampung Restaurant they should have checked out before that. So far as the cancellation of the booking of Fort Canning Lodge Hotel is concerned, it is a clear cut case of deficiency in service.
Complainants have not placed any document to show as to how much amount they have paid there. So far as the deficiency in service is concerned, complainants have proved that the lunch was not provided to them at Kampung Restaurant and they have to arrange for lunch themselves. There was some change in number of days to be spent at Kuala Lumpur and Genting also. So far as cancellation of their booking at Fort Canning Lodge Hotel is concerned, that was very serious. No reason has been assigned for cancellation of the booking and they have to stay at YWCA. Complainants have proved deficiency in service on the part of OP.
The interest of justice will suffice if the OPs are directed to refund 50% of the tour amount i.e. of Rs.36,000/- alongwith 9% interest p.a. from the date of filing of the complaint. OP is also directed to Rs.20,000/- as compensation and Rs.10,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
