OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C. 6/15
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Smti Archana Deka Lahkar - Member
3)Md Jamatul Islam - Member
Sri Ratan Lal Chowdhury - Complainant
2.B.Dolphin Enclave,Block-A,
Near G.N.R.C.Hospital,Dispur,
Guwahati-781006
-vs-
Sri Manash Kalita - Opp. party
Proprietor, Kiron Tour and Travels,
223,Rajgorh Road, Lane-10 District
Kamrup (Metro) , Guwahati-781003
Appearance-
Learned advocates for the complainant - Sri K.K.Dey
Learned advocates for the opp.party - Sri Utpal Chamua
Date of argument- 8.5.18
Date of judgment- 23.5.18
JUDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1) The complaint filed by the Ratanlal Choudhury, Shri Manash Kalita, Proprietor, Kiron Tours and Travels, Rajgorh Road, Guwahati was admitted on 30.1.15 and notice was served to the opp.party and opp.party filed written statement on 13.7.15 . The complainant adduced evidence on 17.11.15 and he was cross examined by the opp.party side on 29.4.16. The opp.party filed his evidence on affidavit on 14.9.16 and he was cross examined by the complainant side on 24.5.17. Thereafter, both sides Ld.Counsels filed their written argument and they also forwarded their oral argument on 8.5.18 and today we deliver the judgment which is as below.
2) The case of the complainant in brief is that he had purchased 20 (twenty) coupons from the travel agency of the opp.party on 24.7.2014 by paying Rs.81,500/- ; The 20 coupons means ; 20 Air tickets to travel by air from one place to another according to their choice within India with condition that they need to inform the firm of the opp.party for tickets before 48 hours of the concerned journey. He alongwith his two daughters had been to Mumbai from Guwahati availing coupons on 8th Oct.2014 and on the very day of arrival in Mumbai he communicated the opp.party for four return tickets from Mumbai to Guwahati on 17.10.2014 but there was no response at all even he asked for tickets much earlier than 48 hours and on 16.1014 when he enquired about the tickets, the opp.party informed him that tickets would be provided for 18.10.14 and asked them to stay in the hotel and they (opp.party) would bear the hotel expenses due to delay in providing Air Tickets and on 17.10.14 when he asked the opp.party to provide tickets for 18.10.14 there was no reply at all and having no alternative he purchased four (4) flight tickets by spending Rs.1,49,262/- and he alongwith his family members left Mumbai on 18.10.2014 and they had to stay at Kolkata as they did not direct tickets from Mumbai to Guwahati and arrived Guwahati on 19.10.14 and he had to spend another amount of Rs.32,000/-as hotel expenses. As per terms of the coupons the complainant is entitled to 20 coupons (20 Air tickets) within India in any of Air Service-Go Air,Spicejet, Indigo and Jet Airways. He asked for return tickets from Mumbai to Guwahati most earlier than 48 hours, but opp.party failed to provide him tickets as assured by them. The opp.party had received Rs.81,500/-from him on 24.7.2014 and thus failure to provide tickets from Mumbai to Guwahati, is an act of unfair trade practice. He sent a notice to the opp.party for redressal of his grievance but found no remedy from them and hence he is entitle to Rs.4,06462/- (Fair- Rs.1,49,262/- hotel expense of four persons - Rs.32,000/-, compensation for causing - mental agony- Rs.2,00,000/- compensation for adverse affect in service career-Rs.50,000/- and refund from coupons purchase -Rs.65,000/-.
3) The pleading of the opp.party, in brief is that , the complainant had purchased 20 coupons (Air tickets) from his firm and accordingly four members of the complainant including including himself travelled to Mumbai on 8.10.14 the complainant rang up him and asked him for Air Tickets to return from Mumbai to Guwahati, preferably for 17.10.14 and told him also that he will give confirmation through a call regarding the date of travel later on. He waited till 16.10.14 for confirmation , but no confirmation received from the complainant. The complainant, on 16.10.14, rang up him and told him that they needed four return tickets from Mumbai to Guwahati for 17.10.14, but he replied that it is not possible to arrange the tickets within such short-period (24 hours). As per condition, the complainant should intimate regarding tickets before forty hours of the schedule journey. He told them he would be able to arrange tickets for 18.2.14 and for that he will provide the hotel expenses for the extra day but he abstractly disconnected the phone call. On 17.10.14 the complainant again rang up him and asked him whether he would be able to provide tickets for 18.10.14 or not, he had not arranged the same and was waiting for instruction from the complainant but the complainant has not given instruction atleast 48 (forty eight) hours ahead to arrange the tickets, and in both the times the complainant gave him time of only 24(twenty four) hours which was not at all possible to arrange tickets and is also against the terms and condition of the coupons. He has no comment on expenditure made by the complainant i.e. Rs.1,49,262/- for tickets for journey from Mumbai to Guwahati and Rs.32,000/- hotel expense at Mumbai. He did not commit any Unfair Trade Practice for not arranging tickets as per request of the complainant because complainant had not maintained 48 hours time for confirmation of journey as per terms and condition of the coupons . It is true that the complainant paid him Rs.81,000/- on 24.7.18, but it is not fact that he did deficiency of service towards the complainant, but he is ready to refund the amount mentioned in point No. E i.e. Rs.65,200/- and Rs.8,000/-as expense for extra stay in the hotel, but amount mentioned in point A,C,D are unjustified but in point B the complainant has submitted bills for the entire period of stay in hotel which he is not liable to pay. The complaint is not maintainable and also liable to be dismissed.
4) We have perused both sides’ pleading as well as their evidence and found that both sides admit that the complainant, Sri Ratanlal Choudhury, on 24.7.14, had purchased 20 (twenty) coupons for Air journey from one place to another place within India from the opp.party (Kiron Tour and Travels) owned by Sri Manash Kalita for doing tour within India alongwith his wife and two daughters paying Rs.81,500/- with condition that they need to inform the op.party for providing tickets before 48 (forty eight) hours of the concerned journey and accordingly obtaining that facility he alongwith said family members arrived Mumbai on 8.10.14.
5) The main dispute is relating to their return journey from Mumbai to Guwahati . In this respect the plea of the complainant is that he on the very day of arrival at Mumbai (8.10.14) communicated the opp.party for arranging tickets from Mumbai to Guwahati for 17.10.14 i.e. he informed the opp.party to arrange the tickets for their return journey much earlier than 48 (forty eight)hours but finding no response he enquired about the tickets on 16.10.19 and the opp.party informed him that tickets would be provided for 18.10.14 and asked him not to bother and asked him to stay in hotel, the expense of which would be borne by them due to delay in providing air tickets and thenafter 17.10.14 asked the opp.party to provide the tickets for 18.10.14 , but there was no reply at all and then he become compelled to purchase tickets for return journey by spending Rs.1,49,262/- from his own purse and they left Mumbai on 18.10.14, but had to stay at Kolkata as they failed to get the direct tickets from Mumbai to Guwahati and finally arrived Guwahati on 19.10.14 and they had to spend Rs.32,000/- as hotel charge at Mumbai and also to stay at Kolkata as they did not get direct journey tickets.
The opp.party sides’ plea is that the complainant on 8.10.14 asked him to arrange return tickets from Mumbai to Guwahati preferably for 17.10.14 telling them that he will give a confirmation call regarding date of travel later on, and accordingly they waited till 16.10.14 for confirmation about the date of journey from the complainant, and the complainant on 16.10.14 rang up them and told them to arrange tickets for 17.10.14 and then they replied that it is not possible on their part to arrange tickets within such short period(within 24 hours) but told him that they would arrange tickets for 18.10.14 and for that they would provide the hotel expenses for the extra stay, but he did not agree to it and abruptly disconnected the phone call; and there- after, on 17.10.14, he again rang up them and asked whether they would able to provide tickets for 18.10.14 or not, and then they replied that as he had not given any instruction on 16.10.14 whether they would arrange tickets for 18.10.14 or not; they have not arranged the same and waiting for the instruction for him and in both the case he gave 24 hours time only to them to arrange the tickets while he had to give atleast 48 hours time as per terms and condition of the agreement, and as such it was not possible for them for arranging tickets within 24 hours.
It is both sides admitted fact that as per terms and condition , confirmation about date of journey is to be given to the opp.party by the complainant prior to 48 hours of proposed journey.
6) After perusing the evidence of the opposite party, Sri Manash Kalita, it is found that OPW Sri Manash Kalita admits that he has not stated in his evidence that the complainant on 8.10.14, over phone asked him to arrange tickets for his return journey from Mumbai to Guwahati for 16.10.14 and accordingly he reserved the tickets; and he also admits that he has not mentioned in his affidavit that on 14.10.14 at 8.00 p.m. the complainant informed him over phone that they would not travel on 16.10.14 but to travel on 17.10.14 and requested him cancel the tickets for 16.10.14, and book tickets for 17.10.14 . Thus , his version that on 8.10.14 complainant asked him to arrange return tickets for 16.10.14 and he booked the tickets for 16.10.14 and book tickets for 17.10.14. Thus his version that on 8.10.14 complainant had asked him to arrange return tickets for 16.10.14 he booked the tickets for 16.10.14 but on 14.10.14 the complainant inform him that they would not travel on 16.10.14 but to travel on 17.10.14 and the complainant requested him to cancel the tickets for 16.10.14 and to took book tickets for 17.10.14 is not true versions. In the cross examination he admits that he did not ring up the complainant to tell that tickets for 18.10.14 were ready. In this case the opp.party side adduces no other evidence to prove their plea whether documentary or oral to prove such plea. So, in such situation, their plea must be held not proved. Secondly, after perusing the written statement we have found that they are ready to refund/repay Rs.65,200/- and also to pay Rs.8,000/- lumpsum as expenditure for stay in hotel. This version of the opp.party infers that the version of the complainant is true version. In such premise, we hold that the plea of the complainant is really true and that is also established, but the version of the opp.party side is not at all true. Thus, it is established that after arriving Mumbai by the complainant along with three other family members on 8.10.14, on that very day, the complainant asked the opp.party to arrange return tickets from Mumbai to Guwahati for 17.10.14 meaning thereby that he asked the opp.party to arrange return tickets for 17.10.14 before 48 hours of said journey and thereafter on 16.10.14 he again enquired about the tickets , but opp.party informed him that they would provide tickets for 18.10.14 asking him to stay in hotel, the expense of which would be paid by them ; and thereafter on 17.10.14, he asked the opp.party to provide them the tickets for 18.10.14 ,but found no reply from them is established and it is clearly established that, the opp.party booked tickets neither for 17.10.14 nor for 18.10.14 although they were asked to arrange the return journey on 8.10.14 itself and it is also proved that on the request of the opp.party the complainant changed the return journey from the day of 17.10.14 to the day of 18.10.14; and inspite of that; the opp.party did not arrange return tickets for 18.10.14. In sum and substance, we hold that, the opp.party inspite of receiving confirmation of return journey on 8.10.14, which is return journey for 17.10.14 before 48 hours of schedule journey, the opp.party did not arrange return tickets as per the confirmation given by the complainant before 48 hours. So, it is a clear case of deficiency of service on the part of opp.party towards the complainant and also a clear case of unfair trade practice. Therefore , the opp.party is liable to properly compensate the complainant.
The complainant states in his pleading and evidence that he has to spend Rs.1,49,262/- in purchasing tickets from Mumbai to Guwahati (Rs.1,21,693/- from Mumbai to Kolkata and Rs.27,569/- from Kolkata to Guwahati) and that fact is not disputed by the opp.party. Originally for both forwarding and return journey, the complainant had paid Rs.81,500/- as air fare and therefore Rs.40,750/- i.e.50% of 81,500/- is to be deducted from his total fare of return journey and accordingly he is entitled to get Rs.1,08,512/- as fare of the return journey.
The complainant state that he has born expenditure of Rs.32,000/- as hotel charge for over stay caused due to negligence of the opp.party . We have perused Ex.9 and it is found that the complainant paid Rs.32,000/- in total as room fare in hotel Midtown Pritam at Dadar for staying from 14.10.14 to 17.10.14 i.e. for 4 days. As the complainant side had to over stay at Mumbai for one day only, he is to get Rs.8,000/- as the cost of over stay at Mumbai. They have travelled actually on 18.10.14 from Mumbai to Kolkata and had to stay one more night at Kolkata but submitted no hotel bill of staying at Kolkata. However, we presumed that complainant must have spent another Rs.8,000/- as hotel charge at Kolkata. Therefore, against the head of hotel charge, the complainant is entitled to get Rs.16,000/-
By not providing return tickets by the opp.party, they caused harassment and mental agony to the complainant and his family members and hence opp.party is liable to pay at least Rs.10,000/- as compensation for causing such harassment and mental agony .The opp.party side is also liable to pay at least Rs. 10,000/- as cost of proceeding as the complainant has to prosecute them before this forum by incurring expenditure of a handsome amount.
7) Because of what has been discussed as above, we hold that , the complaint has merit and the complainant has succeeded to prove his case against the opp.party . Hence the complaint is allowed on contest and the opp.party’s proprietor Sri Manash Kalita is directed to pay Rs.1,08512 /- to the complainant as excess airfare born by him in his return journey with his family members from Mumbai to Guwahati via Kolkata, and Rs.16,000/- as cost of over stay in hotel borne by the complainant and also to pay Rs.10,000/- as compensation for causing harassment and mental agony to the complainant and his family members and another amount of Rs.10,000/- as cost of the proceeding . He is directed to pay the amount within 45 days , in default, he shall be liable to pay interest @ 6% per annum from the date of filing of this proceeding.(30.1.15).
Given under our hands and seal on this 23th May ,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain)
Member Member President
