Tamil Nadu

North Chennai

CC/76/2016

Shri K.V.James - Complainant(s)

Versus

Shri Manoj Chauhan Director - Opp.Party(s)

Achari and Antoni Associats

02 Mar 2017

ORDER

                                                            Complaint presented on:  18.04.2016

                                                                Order pronounced on:  02.03.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 02^nd   DAY OF MARCH 2017

 

C.C.NO.76/2016

 

 

1. Shri.K.V.James,

Plot No.10, Flat No.S-1,

6^th Right Street, Saravana Nagar,

Manikandapuram, Chennai – 600 062.

 

2. Faith Tours and Travel,

Represented by Shri.K.V.James,

Sole Proprietor,

Plot No.10, Flat NoS-1, 6^th Right Street,

Saravana Nagar, Manikandapuram,

Chennai – 600 062.

                                                                                    ….. Complainants

..Vs..

1.Shri.Manoj Chauhan – Director,

Vacation World Wide,

No.406, Akruti Arcade,

Opp.Wadia High School,

Andheri West,Mumbai 400 053.

 

2.Shri.Kunal Viras,

Vacation World Wide,

No.406, Akruti Arcade,

Opp.Wadia High School,

Andheri West, Mumbai – 400 053.

 

.....Opposite Parties

Date of complaint                                 : 19.05.2016

Counsel for Complainants                    : Party in Person

 

Counsel for Opposite Parties                   : Ex-parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant  to direct the Opposite Parties to pay a sum of Rs.20,00,000/- towards compensation for deficiency in service and mental agony and with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant was organizing Christian Faith Pilgrimage to Holly Land in the name and style of M/s. Faith Tours and Travels/2^nd Complainant for his livelihood and his family members. He earned good name in organizing such tour programs. The Opposite Parties providing Inter National Tours especially for European Countries. The Complainant entered into a contract of service   with the Opposite Parties in January 2016 at Hotel Park Avenue, Nungambakkam, Chennai for a Europe Group Pilgrimage Tour proposed in May 2016.  Arrangement of Hotel booking, coaches for transportation, accommodation, Shrines Visit and Sightseeing   based on a tour itinerary mutually agreed between them. The payment of consideration for the pilgrimage to be paid prior to the commencement of tour. Mr.Deepak Zore, employee of the Opposite Party signed the agreement on the above said day along with the Complainant. The period of tour programme was for 16 nights 17 days. The pilgrimage  to commence from Madrid on the 06^th May 2014 and to end in Rome on 22.05.2014. The tour consists of 51 pilgrims including the Complainant. The Complainant made payment for the pilgrims in time as required by the Opposite Parties. However during the tour programs the Opposite Parties have not provided air conditioned Deluxe Coach for the passengers for the entire tour as agreed in the service agreement. The coach provided in dilapidated condition and water was leaking from the AC. Right from the beginning of the tour from Madrid the transportation arranged troubled the passengers and the entire passengers protested the tour manager Shri Deepak Zore of the Opposite Parties. The passengers had to wait on the road in hot sun for 6 – 8 hours. On arrival at Lourdes they provided new coach in good condition and however next day they provided only old vehicle. The tyre of the coach blasted with a big sound on the way from Lourdes to Liseux and all the passengers in the coach was in panic as the driver of the coach drove the vehicle with punctured tyre on the high way.  Throughout the tour in some places the guide was not provided and two places the programme was skipped. In spite of the Opposite Parties having collected the consideration required by them, they have not provided proper service and committed deficiencies and resulted in losing the goodwill of the Complainants in his market and suffered with mental agony. The Complainants paid to the tour Manager Euro 1500/- & Euro 900/- during the tour to the Tour Manager. The Tour Manager collected Euro 2550/- from the Complainant is to be returned to him. The Opposite Parties have not rendered service as for the agreement entered with the Complainant and hence the Complainant sent an e-mail on 31.01.2014 to them narrating the deficiencies and subsequently a legal notice. There was no reply from the Opposite Parties for the legal notice of the Complainant though acknowledged by them. Hence the Complainant filed this Complaint to direct the Opposite Parties to pay compensation of Rs.20,00,000/-  for deficiency in service and mental agony and with cost of the Complainant.

2. Though the Opposite Parties received notice, they did not appear on 05.10.2016 and hence the Opposite Parties was called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A36 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION:

          1. Whether this Forum has jurisdiction to entertain this Complaint?

          2. Whether there is deficiency in service on the part of the opposite parties?

          3. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          The Complainant is a service provider arranging Pilgrimage for Christians. The Opposite Parties Company is arranging Inter National Tours. The Complainant and the Opposite Parties representative Shri.Deepak Zore executed Ex.A5 Tour Agreement on 02.02.2014 in January 2016 at Hotel Park Avenue, Nungambakkam, Chennai. Since the Ex.A5 agreement was entered at Chennai this Forum has jurisdiction to entertain this Complaint.

7. POINT NO:2

          The Complainant introduced himself with the Opposite Parties to arrange a Pilgrims Tour to Christian Churches and Holly Shrines in Europe and the tour schedule in the month of May 2014 with 16 nights and 17 days Europe programmes. The pilgrims to commence their tour from Madrid on 06^th May 2014 and to end in Rome on 22.05.2014 as per the agreement entered between the Complainant and the Opposite Parties.  The tour consists of 51 pilgrims including the Complainant. The Complainants made payment for the pilgrims in time as required by the Opposite Parties.

          8. During the tour programmes as agreed in the agreement the Opposite Parties have not provided the facilities and committed several deficiencies.  During the tour programmes the Opposite Parties have not provided air conditioned Deluxe Coach for the passengers as agreed in the service agreement. The coach provided was in dilapidated condition and water was leaking from the AC. Right from the beginning of the tour from Madrid the transportation arranged troubled the passengers and the enmass passengers protested the tour manager Shri Deepak Zore of the Opposite Parties. The passengers had to wait on the road in the hot sun for 6 – 8 hours. On arrival at Lourdes they provided new coach in good condition and however next day they provided only old vehicle. The tyre of the coach blasted with a big sound on the way from Lourdes to Liseux and all the passengers in the coach was in panic as the driver of the coach drew the vehicle with punctured tyre on the high way.  Throughout the tour in some places the guide was not provided and two places in the tour programme was skipped. In spite of the Opposite Parties having collected the consideration required by them, they have not provided proper service and committed deficiencies and resulted in losing the goodwill of the Complainants in his market and suffered with mental agony. The Complainants paid to the tour Manager Euro 1500/- & Euro 900/- during the tour. The Tour Manager collected Euro 2550/- from the Complainant is to be returned to him. The Complainant is a reputed man in arranging tours and however due to the Opposite Parties failed to provides services as entered in the agreement they have committed deficiencies and the Complainant has to lose confidence with his customers. There is no contra evidence on behalf of the Opposite Parties for the deficiencies alleged by the Complainant. Therefore we hold that the Opposite Parties have committed deficiency in service in rendering service as per Ex.A5 agreement entered with the Complainant.

9. POINT NO:3

          Due to the deficiency in service of the Opposite Parties, the Complainant suffered with mental agony is accepted. The Complainant paid some amounts during the tour to the Tour Manager. There is no specific document to prove that the amount paid to the tour Manager will be refunded to the Complainant. Therefore such amount is not entitled for any refund. The Complainant claimed a sum of Rs.20,00,000/- towards  compensation for mental agony and negligence on the part of the Opposite Parties. However, there is no pleading that how such amount was arrived by him. The Complainant had undertaken to render service to his pilgrims through the Opposite Parties.  Considering the deficiencies committed by the Opposite Parties and mental agony to the Complainant, it would be appropriate to order a sum of Rs.1,00,000/- towards compensation would meet the ends of justice, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 jointly or severally are ordered to pay a sum of Rs.1,00,000/- ( Rupees one lakh only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 02^nd day of March 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 17.01.2014	E-mail sent by the Opposite Party to the Complainant
Ex.A2 dated 17.01.2014	Reply E-mail by the Complainant
Ex.A3 dated 18.01.2014	Reply E-mail by the Opposite Party
Ex.A4 dated 18.01.2014	E-mail sent to the Opposite Party
Ex.A5 dated 02.02.2014	Tour Agreement Signed by the Complainant & Opposite Party
Ex.A6 dated NIL	Service Details sent by the Opposite Party to the Complainant
Ex.A7 dated NIL	Name List of passenger & County wise, Day wise Hotel List sent by the Opposite Party to the Complainant
Ex.A8 dated NIL	Rooming List of passenger at Hotel sent by the Opposite Party  to the Complainant
Ex.A9 dated 11.02.2014	E-mail sent by the Complainant to the Opposite Party to Recheck the price & quality of services
Ex.A10 dated 14.02.2014	Bank Transfer of Tour Advance by the Complainant
Ex.A11 dated 24.02.2014	Competitive Quote received from another service provider for the same program
Ex.A12 dated 24.02.2014	Reply E-mail sent by the Opposite Party confirming the price
Ex.A13 dated 26.03.2014	Bank Transfer to the Opposite Party by the Complainant
Ex.A14 dated 01.04.2014	Bank Transfer to the Opposite Party to costs of Visa & Insurance
Ex.A15 dated 16.04.2014	E-mail sent to the Opposite Party to recheck the quality of Hotels, coaches and other related services
Ex.A17 dated 22.04.2014	E-mail sent by the Opposite Party
Ex.A18 dated 01.05.2014	Final service Itinerary with service details sent by the Opposite Party by e-mail
Ex.A19 dated 03.05.2014	Final settlement amount paid to the Opposite Party after deducting cancellation charges of 2 passengers
Ex.20 dated 06.09.2015	What’s app conversation  with the Opposite Party
Ex.A21 dated 01.02.2016	E-mail sent to the Opposite Party  by the Complainant
Ex.A22 dated 07.02.2016	Do
Ex.A23 dated NIL	List of passengers in the Tour
Ex.A24  dated 11.03.2016	Copy of Legal Notice Served to the Opposite Party
Ex.A25 dated 26.03.2016	Copy of Erratum sent to the Opposite Party
Ex.A26 dated 26.03.2016	Acknowledgement of Legal Notice sent to the Opposite Party
Ex.A27 dated NIL	Service Tax Registration Certificate of Faith Tours & Travel
Ex.A28 dated 04.02.2014	Invoice No.M1405 for Advance Euro 5,025.00 part payment of consideration
Ex.A29 dated 04.02.2014	Invoice No.M1406 final payment of Consideration of Euro 23,852.00 after Deducting part payment of Euro 40,000.00 made by Swift to the Opposite Party
Ex.A30 dated 01.04.2014	E-mail from the Opposite Party mentioning their Mumbai Bank Details for INR Transfer
Ex.A31  dated 01.04.2014	Invoice No.V-010414 demanding of Rs.4,24,000.00
Ex.A32 dated 14.02.2014	Outward Remittance of Euro 5025.00 Swift copy-Federal Bank
Ex.A33 dated 26.03.2014	Outward Remittance of Euro 40,000.00 Swift copy-Federal Bank
Ex.A34 dated 03.05.2014	Outward Remittance of Euro 23,852.00 Swift copy-Federal Bank
Ex.A35 dated 18.01.2017	Details of payment made in EURO & INR
Ex.A36 dated NIL	Bank details from 02.01.2014 to 29.05.2014 regarding the Bank Transfer made to Opposite Party’s

 

 

MEMBER – II                                                               PRESIDENT