DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.540/2012

Sh. O. M. Prakash

R/o 77, Gaon Sabha Sewak Park,

Najafgarh Road, New Delhi                                ….Complainant

Versus

M/s Saint Travels Services

87, L.G.F. , New Mangla Puri,

Mehrauli-Gurgaon Road,

New Delhi-110030                                             ….Opposite Party

                                      Date of Institution        :         12.10.2012      Date of Order                :         21.12.2018        

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Case of the complainant in nut-shell is:-

1. The complainant, Sh. O. M. Prakash booked an Amarnath Package from Saint Travel Services (OP) for fourteen people in April, 2012. The cost of package was Rs.21,000/- per person. 
2. The package was booked in the month of April and the journey was to commence on 28.06.12 from Palam Airport, New Delhi. The complainant was travelling alongwith 13 adults. It is stated that from day one the complainant was not satisfied with the services provided by the OP as the entire party was forced to stay at a remote place in a rural area 15 km. before Sonmarg and were provided only the tented accommodation having no arrangement of bathroom etc. It is next stated that there was no proper security of that area and the complainant with other group members had to spend the entire night under constant threat to their lives.
3. It is next alleged that the OP had deliberately booked for an afternoon journey from Baltal to Panjtarni, so that the complainant and other members of the group could not come back by night and reached Srinagar to avail the night stay in a hotel. It is further stated that the complainant had to make his own arrangement for lodging and boarding at Amarnath at his own cost.
4. Further to the shock of the complainant on 20.06.12 when the complainant returned back to Baltal and were on their way back to Srinagar by road the taxi driver stopped the taxi on the highway near. a dense forest and asked to de-board the taxi or to pay Rs.4,000/- for the extra day spent by the complainant at the Amarnath came. The complainant stated that it was horrifying experience for the entire tour members, which also included ladies. It is next stated that the complainant could make it to Srinagar only after the intervention of CRPF personnel.
5. It is further stated that the taxi driver arranged by the OP in Srinagar refused to transfer the complainant and the other member of his group to Srinagar airport, and advised them to call for a taxi from Delhi.
6.  It is next stated that the OP was deficient in providing its services as the OP did not provide for the night stay in Srinagar for the complainant and other members of the group. They had to spend extra amount for making arrangement in Srinagar. It is next averred that the complainant and others member of the group were put to very difficult, insecure and helpless position in a highly insecure area which caused them great mental shock, agony and harassment and OP is liable to pay compensation for the same.
7. Aggrieved by the above circumstance the complainant approached this forum and prays to refund the amount of Rs.1,40,000/- at the rate of Rs.10,000/- per person for fourteen people alongwith interest @ 18% per annum and to pay a sum of Rs.2 lakhs as damages for compensation for mental and physical agony and to award the cost of proceedings in favour of the complainant.

2. OP resisted the complaint inter-alia stating that Sonmarg wherein the complainant was given an accommodation, is situated in Ganderbal district and the whole area is rural district and during the Amarnath Yatra, the Sonmarg night stay is in rural area only because the whole area is rural and tent are arranged by Amarnath Shrine Board. It is further stated that at the time of booking package this information was provided to the complainant which is annexed as Amarnath Package provided by the complainant himself. The printed Amarnath package is copy also provided by OP.
   1. It is next submitted by the OP that the entire area was covered by Indian Army and CRPF. Further the area was banned for the local or other tourist during Amarnath Yatra and around six lac yatris visited the state. No personal or private security was provided to any yatri.  The security arrangements were all made by Government of India.
   2. OP further submits that It is alleged that the helicopter journey was booked for afternoon. OP states that the ticket was issued by Himalyan Helicopter Services and organizer of the whole yatra was Shri Amarnath Shrine Board. OP states that the same day return ticket was given to the guests in advance and was in the knowledge of the complainant. The timing as communicated to the complainant was communicated to the opposite party by the local handling agent who in turn was informed accordingly by Himalayan Heli Services. It is further stated that the timings are subject to change as per rush of number of passengers and are fully governed by the Helicopter Service providers.
   3. It is further submitted by OP that taxi was arranged by them and full service was provided to the complainant and the complainant was transferred to Srinagar airport as per commitment. All payments in this regard were made by the OP. Further it is submitted that OP has all the bills regarding the stay of the complainant in Srinagar which was duly paid by them. It is therefore, prayed as the performance and services provided by OP were good. The complaint be dismissed with heavy cost.
3. Rejoinder was not filed on behalf of the complainant. Evidence by way of affidavit was filed by the complainant wherein facts of the complaint are reiterated. Evidence of Shri Sanjay Khanna Authorized representative of OP has been filed on behalf OP.

4.      Written arguments have been filed by the parties.

5.       Submissions on behalf of the complainant have been heard and despite opportunity to OP none appeared on their behalf to advance oral arguments. 

6.       After giving thoughtful consideration to the pleadings and perusing the material placed on record, it is revealed that the complainant booked an Amarnath Package from OP for fourteen people and the cost of package was Rs.21,000/- per person. The complainant filed the present complaint, it was signed by him and it is the complainant’s evidence by way of affidavit that is placed on record. Further, he has not filed the complaint in representative capacity. Therefore, the prayer and the relief sought therein would be qua the complainant himself. 

7.      Complainant in its pleadings has referred to a night accommodation in Sonmarg where the complainant had to spend the night in a tent which lacked the basic facilities. Qua this contention OP states that in the Amarnath Package provided to the complainant exhibited as Ex. CW-1A. It is categorically mentioned under the head package includes that

“One night stay at Sonmarg Hotel, Sonmarg Palace or tent.”

Therefore OP states that the complainant was already aware of the fact that he might have to stay in a tent.

8.      Further the hotel confirmation voucher provided by OP to the complainant also states hotel confirmation on 28^th May, 2012 in Hill View or Swiss camp. Sonmarg, where in swiss camp is probably tented accommodation.

9.      Another grievance of the complainant was that he was given afternoon tickets from Baltal to Panchtarni. For the ready reference the time and date of travel which is marked as Annexure-A is reproduced herein below:-

HIMALAYAN HELI SERVICES PVT. LTD.

DATE OF ISSUE : 28.06.12

ISSUED BY :  SASB/415

DATE OF TRAVEL : 29.06.12

REPORTING TIME (BALTAL) : 12:15 HRS.

RERPOTING TIME (PANJTARNI) FIRST COME FIRST SERVE.

10.     It is evident from annexure-A that the date of travel for Baltal to Panjtarni was 29.06.2012 and the return was on 30.06.2012. Another confirmation voucher given by OP to the complainant which is marked as Mark-F for sake of identification, confirms that in Srinagar the hotel checkin date was 29 June and checkout date was 30^th June. Whereas the return ticket from Panjtarni to Baltal was on 30.06.2012. Hence, it was not possible for the complainant to be at both the places on 30.06.2012. If the complainant was to return on 30.06.2012 from Panjtarni to Batlal it is not humanly possible to have stayed in a prepaid hotel on 29^th in Srinagar.

11.     Therefore, from the discussion above it is evident that the OP is deficient in service for not providing for the night stay in Srinagar as promised while booking the package for the complainant. The complainant has not mentioned the amount paid by him for one night stay in a hotel in Srinagar. Considering the package cost of Rs.21,000/- per person including the airfare, transfers and stay in hotel, the cost of hotel for a night would be around Rs.2,000/- per person. Therefore, the complaint is allowed and OP is directed to pay Rs.2,000/- for one night accommodation in Srinagar and Rs.10,000/- by way of compensation towards mental, physical agony and legal expenses within a period of 45 days from the date of receipt of the copy of this order.

Failing which the OP shall become liable to pay interest @ 12% per annum on the aforesaid amount from the filing of complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 21.12.18.