Tamil Nadu

South Chennai

CC/36/2013

R.Venkatasubramanian, - Complainant(s)

Versus

Sri Annapoorani Yatra Service, - Opp.Party(s)

S.Ravichandran

16 Nov 2018

ORDER

                                                                        Date of Filing  : 21.12.2012

                                                                          Date of Order : 16.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.36/2013

DATED THIS FRIDAY THE 16^TH DAY OF NOVEMBER 2018

                                 

Mr. R. Venkatasubramanian,

S/o. Mr. A.V. Rajagopala Iyer,

No.C5, Santhi Apartments,

4 Appu Street,

Mylapore,

Chennai – 600 004.                                                        .. Complainant.                                                        ..Versus..

 

M/s. Sri Annapoorani Yatra Service,

Represented by its Manager,

No.63, Nadu Street,

Mylapore,

Chennai – 600 004.                                                   ..  Opposite party.

          

Counsel for complainant     :  M/s. S. Ravichandran & others

Counsel for opposite party :  M/s. R. Dhanalakshmi

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.5,000/- together with interest at the rate of 12% p.a. from the date of receipt of the opposite party till the date of its repayment and to pay a sum of Rs.50,000/- towards compensation for suffering, hardship and mental agony with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he approached the opposite party in the month of June 2012 and paid a sum of Rs.8,000/- as advance to participate in the Mount Kailash, Manasoraver & Muktinath Yatra to be held in the month of August 2012 arranged by the opposite party.  The complainant submits that the opposite party officials obtained signature of the complainant alleged to be travel documents without issuing written terms and conditions of Yatra.   The complainant submits that the officials of the opposite party told the complainant that he has to pay the balance amount for yatra only after the receipt of confirmation news about the date of yatra.    The complainant became anxious in the beginning in the month of August 2012 and went to the office of the opposite party on 12.08.2012.  On further pursuation, the official told him that the complainant’s application for the Kailash and Manasarover Yatra had been rejected on the ground of his advanced age.    The complainant demanded the refund of Rs.8,000/- but to his shock and surprise the opposite party told that the amount of Rs.5,000/- would not be refunded and gave a cheque for a sum of Rs.3,000/-.   Thereby, the complainant was deprived of Rs.5,000/- out of Rs.8,000/- paid by the complainant as advance for yatra.    Further the complainant submits that total amount for yatra was told by the opposite party tentatively and after payment of the advance amount.   The balance amount was payable only on further intimation from the opposite party regarding the confirmation of yatra.   Further the complainant submits that the opposite party has not stated any reason for the rejection of yatra.    Hence, the complainant issued notice and legal notice dated:17.09.2012 claiming refund of the said amount of Rs.5,000/- with interest.   The act of the opposite party caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite party states that during the month of June 2012 the complainant approached the opposite party and paid a sum of Rs.8,000/- as advance to participate in the Holy yatra to be held in the month of August, 2012.    The complainant has conveniently suppressed that what is the total package Yatra’s cost etc.   The opposite party states that the complainant is a senior citizen.   Hence for making suitable arrangement for the procedures towards yatra the opposite party obtained signatures in the travel documents.   The complainant even after repeated requests, failed to approach the opposite party for the due payment towards yatra and never expressed his willingness for yatra.  As per the yatra conditions a sum of Rs.3,000/- alone will be refunded .  The balance amount of Rs.5,000/- has been utilized for preliminary arrangement and taking steps for such yatra. 

3.     The opposite party states that the complainant is well aware of the tour programmes as per the pamphlet issued to him showing the terms and conditions, total cost Rs.68,900/-, Age and health condition etc since the Holy Mountain Himalayas and its position which reads as follows:

“Mount Kailash is located in a particularly remote and inhospitable area of Tibetan Himalayas.  Geographically it is placed in Tibet, China and above Nepal and near Lake Manasarovar and Lake Rakshastal.  It is a sacred place of Hindus, Bhuddists and Jainisms and so on.  Various religions believing that visiting or seeing the Holy Mt. Kailash itself will bring good to the Human Kingdom.  Moreover circumambulating Mt. Kailash on foot is a holy ritual that will bring good fortune.  It is situated at a high elevated 6,638 m and 21,77 ft. (Prominence 1,319 m (4,327 ft.).  Moreover, the way to Holy Mt. Kailash is not as easy as like any other trek.   It is in uneven terrain, can go either by lengthy and hazardous trek over the Himalayan terrain”.  

The opposite party has described that the above the Trip to Holy Mt. Kailash organizing is totally by the opposite party alone.  As stated in the Pamphlet issued it is within the Rules of Chinese, Tebitian and Indian government and then prevalent weather conditions the holy Yatra               is arranged.  Therefore there is no deficiency in service on the part of the opposite party and the complaint has to be dismissed.

4.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party. 

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.5,000/- with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for mental agony etc with cost as prayed for?

6.      On point:-

Both parties filed their respective written arguments. Heard the Counsels also. Perused the records namely the complaint, written version, proof  affidavits and documents.  The complainant pleaded and contended that he approached the opposite party in the month of June 2012 and paid a sum of Rs.8,000/- as advance to participate in the Mount Kailash, Manasoraver & Muktinath Yatra to be held in the month of August 2012 arranged by the opposite party.  Further the contention of the complainant is that the opposite party officials obtained signature of the complainant alleged to be travel documents without issuing written terms and conditions of Yatra.  But the complainant has not claimed any document related to the terms and conditions of travel and the necessary documents related for travel etc.   Further the contention of the complainant is that the officials of the opposite party told the complainant that he has to pay the balance amount for yatra only after the receipt of confirmation news about the date of yatra.    The opposite party also, has not given any information either through letter or through telephone till 11.08.2012.  Therefore, when he approached the opposite party to his shock and surprise the opposite party told that Rs.5,000/- would not be refunded and gave a cheque for Rs.3,000/-.  Thereby, the complainant was deprived of Rs.5,000/- by the opposite party which amounts to unfair trade practice. 

7.     Further the contention of the complainant is that total amount for yatra was told by the opposite party tentatively and after payment of the advance amount.   The balance amount was payable only on further intimation from the opposite party regarding the confirmation of yatra.   But the complainant has not whispered anything about the total amount towards the yatra and whether the complainant is ready and willing to pay the total amount to yatra was not mentioned which amounts to suppression of material facts.  Further the contention of the complainant is that the opposite party has not stated any reason for the rejection of yatra.   The opposite party also has not stated anything about the steps taken for arrangement of such yatra.   Hence the complainant issued notice as per Ex.A2 dated:17.09.2012 claiming refund of the said amount of Rs.5,000/- with interest.  But on a careful perusal of the entire records, the complainant has not pleaded what is the actual amount for such yatra and the period of payment and his ready and willingness to pay the amount for such yatra in this case proves the suppression of material facts.

8.     The contention of the opposite party is that during the month of June 2012 the complainant approached the opposite party and paid a sum of Rs.8,000/- as advance to participate in the Holy yatra to be held in the month of August, 2012.    The complainant has conveniently suppressed that what is the total package Yatra’s cost, nature of payment and health positions etc.  Further the contention of the opposite party is that the complainant is a senior citizen.   Hence for making suitable arrangement for the procedures towards yatra the opposite party obtained signatures in the travel documents.   The complainant even after repeated requests, failed to approach the opposite party for the due payment towards yatra and never expressed his willingness for yatra evenafter repeated demands through phone calls which were ignored by the complainant.  As per the yatra conditions a sum of Rs.3,000/- alone will be refunded .  The balance amount of Rs.5,000/- has been utilized for preliminary arrangement and taking steps for such yatra.  Further the contention of the opposite party is that the complainant is well aware of the tour programmes as per the pamphlet issued to him showing the terms and conditions, total cost Rs.68,900/-, Age and health condition etc since the Holy Mountain Himalayas and its position which reads as follows:

“Mount Kailash is located in a particularly remote and inhospitable area of Tibetan Himalayas.  Geographically it is placed Tibet, China and above Nepal and near Lake Manasarovar and Lake Rakshastal.  It is a sacred place of Hindus, Bhuddists and Jainisms and so on.  Various religions believing that visiting or seeing the Holy Mt. Kailash itself will bring good to the Human Kingdom.  Moreover circumambulating Mt. Kailash on foot is a holy ritual that will bring good fortune.  It is situated at a high elevated 6,638 m and 21,77 ft. (Prominence 1,319 m (4,327 ft.).  Moreover, the way to Holy Mt. Kailash is not as easy as like any other trek.   It is in uneven terrain, can go either by lengthy and hazardous trek over the Himalayan terrain”.

The complainant failed to make the total payment and has not come forward to show his ready and willingness.   Hence, there is no deficiency in service on the part of the opposite party.  Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 16^th day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	12.08.2012	Copy of letter of Tr. R. Venkatasubramanian
Ex.A2	17.09.2012	Copy of legal notice of the complainant to the opposite party with postal receipt dated:20.09.2012
Ex.A3	21.09.2012	Copy of speed post acknowledgement

 

OPPOSITE  PARTY SIDE DOCUMENTS:- NIL

 

 

MEMBER –I                                                                      PRESIDENT