Date of Filing:16.08.2007<br /> Date of Order: 27.03.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 27TH DAY OF MARCH 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1722 OF 2007 <br /> <br /> <br /> 1. Mr. D. Balaji S/o Late K. Dorairaj.<br /> <br /> 2. Mrs. Vijaya Balaji, W/o D. Balaji.<br /> <br /> Both are R/at No.886, <br /> 18th Main, B.S.K. II Stage,<br /> Bangalore-560 070. Complainants<br /> <br /> V/S<br /> 1. SOTC HOLIDAY WORLD OUTLETS<br /> By its Managing Director,<br /> Mallik’s Embassy, No.6, <br /> I Floor, Union Street,<br /> Off: Infantry Road, Bangalore-560 052.<br /> <br /> 2. KUONI TRAVEL (INDIA) PVT. LTD.,<br /> Agent of Mallik’s Embassy,<br /> No.6. I Floor, Union Street,<br /> Off: Infantry Road, Bangalore-560 052. Opposite Parties<br /> <br /> <br /> <br /> ORDER<br /> By the Member Smt. D. Leelavathi<br /> <br /> The facts of the case are that, the complainants had approached the opposite parties for package world tour to various places on paying an amount of Rs. 90,000/- per head and accordingly, the complainants had left Bangalore on 27th November-2006. Immediately, after leaving Bangalore the second opposite party took over the charge of the package tour. On reaching PATTAYA the complainants were shock to see the tour services rendered by the opposite parties. They had to undergo physical and mental torture in accommodation of the Hotel and food served were of very poor standard and the same was brought to the notice of opposite parties through a letter. Hence, they seek for Rs.5,00,000/- as compensation.<br /> <br /> 2. Notice was issued to opposite parties. Opposite parties put in their appearance and filed defense version. In version the opposite parties denying all the allegations made by the complainants and the food and accommodation was provided as per their terms and conditions in the broacher. Hence, they seek for dismissal of the complaint.<br /> 3. Affidavit evidence of both the parties filed. Arguments of opposite parties heard. <br /> 4. The points for consideration are:-<br /> 1. Whether there was deficiency in service on the <br /> part of the opposite parties? <br /> 2. Whether the complainants are entitled for <br /> compensation?<br /> <br /> 5. Our findings to both the points are in the negative for the following:-<br /> REASONS<br /> <br /> 6. It is an admitted fact that, the complainants had approached the opposite parties for World Tour and it was a Super Saver Package and through out the version the opposite parties have stated that the complainants did not cooperate with the accommodation and always complained about the food and hotel accommodation and they are not punctual in arriving at the stipulated time of journey to the designated places. Options were given to the complainants for availing by making extra amount for 5 Star facilities and food of their choice. The complainants did not avail the options, but only stuck on to the Super Saver Package and in which they wanted 5 Star accommodation and food facilities. However, on five hearing dates were given for arguments of the complainants, the complainants were not present and argued the matter. So, in view of all these reasons we find that there is no deficiency in service on the part of the opposite parties. Hence, we proceed to pass the following:-<br /> ORDER<br /> <br /> 7. The complaint is dismissed. No order as to costs. <br /> <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 9. Pronounced in the Open Forum on this 27TH DAY OF MARCH 2008.<br /> Order accordingly <br /> <br /> <br /> <br /> MEMBER <br /> <br /> We concur the above findings.<br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br />