Tamil Nadu

South Chennai

284/2009

Ramakrishnan Hariharan Iyer - Complainant(s)

Versus

Sugir Tours& Travels pvt.ltd - Opp.Party(s)

Party in Person

06 Aug 2018

ORDER

                                                                        Date of Filing  : 28.10.2008

                                                                          Date of Order : 06.08.2018

 

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.284/2009

DATED THIS MONDAY THE 06^TH DAY OF AUGUST 2018

                                 

1. Ramakrishnan Hariharan Iyer,

2. Gopal Iyer,

3. Kamala Hariharan,

4. Kalyani Iyer (Minor),

5. Tejasvi Iyer (Minor),

 

Represented by

Ramakrishnan Hariharan Iyer,

S/o. Mr. S.R. Iyer,

No.4 C,Ramaniyam Towers,

No.12, Greenways Road,

R.A. Puram,

Chennai - 600 028.                                                       .. Complainants.                                                     

 

..Versus..

 

Sugir Towers & Travels Pvt. Ltd.,

Represented by its Manager,

Sindhur Tower,

No.95, Luz Church Road,

Chennai – 600 004.                                                   ..  Opposite party.

          

For complainants                 :  Mr. Ramakrishnan Hariharan Iyer    

                                                (Party in Person)

 

Counsel for opposite party  :  Mr. K. Radhakrishnan

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to repay the cost of Singapore Trip for a total sum of Rs.80,000/- and to pay a sum of Rs.5,50,000/- towards compensation for physical and mental harassment etc.

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

The complainants submit that he and his family undertook a tour for 9 nights and 10 days to Thailand, Malasiya and Singapore organised by the opposite party Sugir Tours and Travels Pvt. Limited.   Further the complainant submits that on arrival at Singapore Bus Stop on 02.10.2008 at 12.30 P.M., there was no coach and representative to take the complainant and family to the hotel.  Thereby, the complainant and his family along with 2 children aged 5 and 2 were compelled to wait in the beating sun.   The driver of Josco Travels and Singapore agents of Sugir Travels came only at 1.20 P.M. and made apology.    Similarly, the complainant and his family were compelled to cross half a kilometer for lunch.   On 03.10.2008 after breakfast at 08.30 A.M., the complainant and his family were taken back and dropped at Jurong Bird park and compelled to wait for more than 90 minutes caused great hardship.  At the end of the city tour, the complainant and his family were informed that they will be picked up at 2.30 p.m. for the Sentosa Tour from the Hotel Lobby.   But at 2.45 P.M. Josco Travels informed that there was some delay and the coach came only at 2.55 P.M. proves the poor arrangement.  In Sentosa Tour there were 3 families, the driver asked at about 7 P.M., whether there is an endorsement in the ticket.   The complainant and their family members do not know anything about the endorsement.  Thereby, they waited till 8.40 P.M., by that time, the complainant and other members have to get ready to leave for Airport.  On 04.10.2008, the Josco Travels officials rudely informed that no breakfast before 7.00 A.M. in Singapore.  At about 10.30 P.M. while sleeping, the Josco travel representative informed that the breakfast will be arranged at 5.30 A.M.   Hence the complainant approached the opposite party and gave a letter on 07.10.2008 and their Director Mr. Sundaram said since they had availed the services and they would not pay anything and felt sorry that it had never happened before. 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 Josco travel and Trading Pvt. Ltd is the authorised person who arranged the tour and the complainant contacted the Josco Travels directly and performed the tour.   The opposite party further submits that they only booked tickets for the complainant and his family.  It is further submitted that only the complainant requested the opposite party whether they have contact for arranging tours and booking of Hotel rooms at Singapore.  The opposite party never took any payment for arranging tours and booking of hotel rooms at Singapore.  Hence the opposite party is not liable for any deficiency caused if any by the said Josco and Trading Pvt. Ltd.  The opposite party further submits that he is not liable to pay any compensation as claimed by the complainants and there is no deficiency in service on the part of the opposite party.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainants has filed proof affidavit as their evidence and documents Ex.A1 to Ex.A4 are marked.  Inspite of sufficient time is given, the opposite party has not come forward to file their proof affidavit to prove the contentions raised in the written version.  Hence evidence of the opposite party is closed.

4.     The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.80,000/- paid towards Singapore  trip as prayed for?
2. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards compensation for mental agony with cost as prayed for?

5.     On point:-

The opposite party after filing his written version has not preferred to file any proof affidavit to prove the contentions raised in the written version.   Both parties has not filed any written arguments and has not turned up to advance oral arguments also.  Perused the records namely the complaint, written version, proof affidavit of the complainant, documents etc.  The complainant pleaded and contended that he and his family undertook a tour for 9 nights and 10 days to Thailand, Malasiya and Singapore organised by the opposite party Sugir Tours and Travels Pvt. Limited.   But the complainant has not produced any document to prove that such tour was arranged by the opposite party.  Further the contention of the complainant is that on arrival at Singapore Bus Stop on 02.10.2008 at 12.30 P.M., there was no coach and representative to take the complainant and family to the hotel.  Thereby, the complainant and his family along with 2 children aged 5 and 2 were compelled to wait in the hot sun caused great inconvenience.   The driver of Josco Travels and Singapore agents of Sugir Travels came only at 1.20 P.M. and made apology.    But there is no record for the alleged delay of 50 minutes.  Similarly, the complainant and his family were compelled to cross half a kilometer for lunch also not proved.   On 03.10.2008 after breakfast at 08.30 A.M., the complainant and his family were taken back and dropped at Jurong Bird park and compelled to wait for more than 90 minutes caused great hardship for that also, no record.  At the end of the city tour, the complainant and his family were informed that they will be picked up at 2.30 p.m. for the Sentosa Tour from the Hotel Lobby.   But at 2.45 P.M. Josco Travels informed that there was some delay and the coach came only at 2.55 P.M. proves the poor arrangement.  In Sentosa Tour there were 3 families, the driver asked at about 7 P.M., whether there is an endorsement in the ticket.   The complainant and their family members do not know anything about the endorsement.  Thereby, they waited till 8.40 P.M., by that time, the complainant and other members have to get ready to leave for Airport.  On 04.10.2008, the Josco Travels officials rudely informed that no breakfast before 7.00 A.M. in Singapore.  At about 10.30 P.M. while sleeping, the Josco travel representative informed that the breakfast will be arranged at 5.30 A.M. caused great hardship. But the complainant has not produced any record to prove such alleged delay and deficiency in service in providing food etc except the statements and letters in the complaint.

7.     The contention raised in written version of the opposite party is that Josco travel and Trading Pvt. Ltd is the authorised person who arranged the tour and the complainant contacted the Josco Travels directly and performed the tour.  This opposite party has nothing to do with the tour arrangement.   Without impleading Josco Travels, this case is bad for nonjoinder of necessary parties.   On the other hand, the opposite party is an unnecessary party has nothing to do with the  arrangements, and performance of the tour.  The complainants also has not taken any steps to implead Josco Travels in this case.  Considering the facts and circumstances of the case this Forum is of the considered view that the complainant has not proved the deficiency in service in such a manner by way of documents etc against the opposite party and the 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 06^th day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANTS’ SIDE DOCUMENTS:

Ex.A1	06.10.2008	Copy of letter of claim of the complainant to the opposite party
Ex.A2		Copy of letter showing arrival at Singapore by Coach at 12.30 P.M. on 02.10.2008
Ex.A3		Copy of Tour itinerary from Josco Travels, Singapore
Ex.A4	03.10.2008	Copy of complaint letter to Josco Travels

 

OPPOSITE  PARTY SIDE DOCUMENTS:  EVIDENCE CLOSED

                           

MEMBER –I                                                                      PRESIDENT