DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.550 of 17-11-2011
Decided on 19-03-2012
Sita Ram son of Sh. Ramji Dass, aged about 60 years;
Kanta Devi wife of Sita Ram, aged about 60 years;
Residents of H.No.13149-A, Shiv Colony, Bathinda.
Hari Chand Kothari son of Sh. Bihari Lal, aged about 62 years;
Sheela Devi wife of Hari Chand, aged about 60 years;
Residents of H.No.3233, Malwa Street No.2, Amrik Singh Road, Bathinda.
Sarla Devi wife of Kamlesh Kumar Goyal, Resident of Barnala now Bathinda, aged
about 65 years.
Arun Sexena son of Lalita Parshad, aged about 60 years;
Shamma Sexena wife of Arun, aged about 59 year;
Residents of H.No.7210, Patel Nagar, Abohar, Distt. Ferozepur. .......Complainants
Versus
Sumit Tirath Yatra Sahayak Samiti, Chaurhi Sarak, Ludhiana through its
Manager/Partner Sumit Mittal
.
Sumit Tirath Yatra Sahayak Samiti, Chaurhi Sarak, Ludhiana through its founder Sh.
Subash Chander Mittal. ......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986
QUORUM
Smt. Vikramjit Kaur Soni, President
Sh. Amarjeet Paul, Member
Smt. Sukhwinder Kaur, Member
Present:-
For the Complainant: Sh. Ram Lal Dudeja, counsel for the complainant
For Opposite parties: Sh. Sumit Mittal on behalf of opposite parties
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been jointly filed by the complainants under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the opposite parties got published an advertisement to the effect that they have managed pilgrimage to Three Dhams namely Dwarikapuri Dham, Rameshwar Dham and Jagan Nath Puri Dham by train for 25 days i.e. from 25.05.2011 to 18.06.2011 and they will receive Rs.22,500/- per head for down birth and Rs.22,000/- for without down birth. On the allurement of the opposite parties, the complainants deposited Rs.1,000/- each in advance through A/c No.4208000100057935 in Punjab National Bank, Branch Bank Bazar, Bathinda of the opposite parties on 21.05.2011 as per advertisement and the opposite parties booked the seat of the complainants. The complainants also deposited Rs.1,41,500/- on 25.05.2011. The opposite parties informed the complainants to start the journey from Bathinda to Jaipur in train on the night of 24.05.2011 as such the complainants along with other persons started journey as per the instructions of the opposite parties. The complainants have alleged that in the way on 26.05.2011, the opposite parties handed over the custody of the complainants to one M.P. Aggarwal and he came back to Ludhiana by saying that the said M.P. Aggarwal will remain with the complainants till the completion of journey but the opposite parties and said M.P. Aggarwal failed to provide the facilities which the opposite parties assured to provide to the complainants during the journey as well as during stay as per time table, prepared by the opposite parties. The complainants have further alleged that the journey was completed upto Kolkata and as per the advertisement, the opposite parties were also to arrange to take the passengers to Bodhgaya Ji, Gayaji, Varansi (Sapatpuri) Madras Chennai in the same amount fixed by the opposite parties and then to return on 18.06.2011 but the opposite parties left the complainants on Hawrah and from Hawrah, the complainants came with to their respective city by spending more money in the shape of fare and other expenses from their own pocket which were to be incurred by the opposite parties during the journey. The complainants have further alleged that on returning from Hawrah, they could not get reserve their seats due to shortage of time due to which they suffered many problems. The complainants requested the opposite parties many times on telephone to refund the amount which was deposited by the complainants but to no effect. Hence, the complainants have filed the present complaint for seeking directions of this Forum to pay the amount of Rs.22,500/- which was deposited by the each complainant, along with interest, cost and compensation.
2. Notice was issued to the opposite parties. The opposite parties after appearing before this Forum, have filed their joint written statement and admitted that the opposite parties had published an advertisement pamphlet to the effect that they had organized a religious yatra of TEEN DHAM by train for twenty five days for the period from 25.05.2011 to 18.06.2011 with the terms and conditions. All the complainants had booked their seats after reading the said rules and instructions, printed in their publicity pamphlet. The opposite parties has pleaded that it had not been printed or specified anywhere in their pamphlet that Mr. Sumit Mittal will accompany during the whole or any part of journey. For this purpose, the opposite parties had appointed Sh. M.P. Aggarwal, resident of Jaipur as a Managing Partner of the said yatra to deal with all the affairs of the said yatra. The opposite parties have never informed the complainants that the yatra would start from Bathinda. The said M.P. Aggarwal along with his younger daughter namely Preety had provided all the facilities during the yatra period. The journey was completed upto Hawrah on 16.06.2011. All yatries had completed Shri Gangasagar Yatra as well as local sight seeing at Calcutta(Kolkata). The opposite parties has further pleaded that all of the above complainants joined together and had beaten the daughter of the said M.P. Aggarwal so mercilessly that cannot be dictated in words. Lady yatries abused her in a very bad language. This all happens at Howrah Railway Station when her father Sh. M.P. Aggarwal had gone to Howrah Railway station superintendent to take the further program of the said yatra coach. All the complainants did all this as they all got late in the journey from Gangasagar to Howrah and the solar Eclipse took place. The complainants want to take their dinner before the start of Solar Eclipse. The information of the said beating up by the complainants of Miss Preety, had been given to the railway police at Howrah Police Station as such all the above complainants along with some other yatries had left the yatra coach without any information to any staff member or to management in afraid of police action. Further, there were more than 40 yatries present in the coach and they all had completed their yatra and returned back at their respective stations. The opposite parties had fully complied with the terms and conditions as promised by them.
3. Parties have led their evidence in support of their respective pleadings.
4. Arguments heard. Record along with written submissions submitted by the parties perused.
5. The complainants got booked the seats for pilgrimage of Three Dhams i.e. Dwarikapuri Dham, Rameshwar Dham and Jagan Nath Puri Dham by train through the opposite parties after seeing their advertisement, for 25 days for the period from 25.05.2011 to 18.06.2011. In the said advertisement, it has been mentioned that during journey, meals, breakfast will be provided; Tea will be provided thrice a day and the facilities such as first aid, mobile, watchman, accommodation during the stay, LTC and LFC will be provided. It was also mentioned in the advertisement that the opposite parties will be provided transportation and steamer to enjoy during stay in the journey. The transportation would be provided by rail in second class sleeper compartment. The opposite parties assured the complainants that he will accompany the complainants during entire journey. An amount of Rs.22,500/- was received per head for down birth and Rs.22,000/- was received for without down birth. The complainants had deposited Rs.1,000/- each as advance payment in the account No.420800010 0057935 in Punjab National Bank, Branch Bank Bazar, Bathinda of the opposite parties on 21.05.2011. Accordingly, the seats of the complainants were booked. The complainants had deposited the balance amount of Rs.1,41,500/- on 25.05.2011 vide receipt No.328. The complainant started their journey from Bathinda to Jaipur in train on the night of 24.05.2011. In the way on 26.05.2011, the opposite parties handed over the custody of the complainants to one M.P. Aggarwal and he came back to Ludhiana by saying that the said M.P.Aggarwal will remain with them till the completion of journey. The opposite parties and the said M.P.Aggarwal failed to provide the facilities which the opposite parties assured to provide to the complainants during the journey as well as during stay as per time table, prepared by the opposite parties. The journey was completed upto Kotkata and as per the advertisement of the opposite parties, the passengers were to be taken to Bodhgaya Ji, Gayaji, Varansi (Sapatpuri) Madras Chennai in the same amount, fixed by the opposite parties and the return dated was 18.06.2011 but the opposite parties left the complainants at Hawrah and from Hawrah, they came to their respective places by spending more money as fare and bear other expenses from their own pocket. On returning from Hawrah, the complainants could not get reserved their seats due to shortage of time due to which the complainants suffered many problems. In this way, the complainants have alleged that the opposite parties have played fraud with the complainants and assured that the complainants will be compensated. The complainants have requested time and again to the opposite parties to refund the amount which was deposited by them with the opposite parties as they have failed to keep their promise and to abide by their terms and conditions for the above said purposes of journey and requested for compensation. A legal notice dated 23.08.2011 was also got sent to the opposite but the opposite parties have not given a sufficient reply to the said notice.
6. On the other hand, the opposite parties have submitted that they have published an advertisement pamphlet that they would organize a religious yatra of Teen Dham for 25 days from 25.05.2011 to 18.06.2011 with terms and conditions as printed on publicity pamphlets as below:-
a) The yatra would start from Ludhiana, Jaipur and Delhi only.
b) Every yatri should follow the railway time table, rules and regulations.
c) Organizing samiti had a right to change the yatra schedule before or afterwards.
d) In case of any dispute only and only Ludhiana District Consumer Redressal Forum will apply.
e) In case of any misbehave or quarrelsome yatri/yatries, the organizing samiti had a right to separate such like yatries from the yatra at any place.
The complainants had booked their seats after reading the said rules and instructions, printed in the publicity pamphlets. It has been specifically mentioned in the said pamphlet that only Roti, Dal and Rice will be prepared in desi ghee and the same has been prepared as promised. Tea had been served thrice properly and all other facilities i.e. first aid, mobile facility, guide, watchman, LTC & LFC facility had been provided properly during the yatra period. The opposite parties have also provided transport as well as steamer facility at the needed places. They have also arranged a second class sleeper coach for the yatra. The opposite parties have further submitted that it has not been printed that Mr. Sumit Mittal will accompany during the whole or any part of journey. They have appointed Sh. M.P. Aggarwal, Managing Partner of the said yatra to deal with all the affairs of the said yatra. The yatra was not to start from Bathinda rather it had to start from Ludhiana as published in their publicity pamphlet. The said M.P. Aggarwal along with his younger daughter Preety had provided all the facilities during yatra which they had assured to provide, their staff and management provide every possible help to yatries. The complainants have completed the journey upto Hawrah on 16.06.2011. All yatries had completed Shri Gangasagar Yatra as well as local sight seeing at Calcutta. All the complainants had beaten up Miss Preety-daughter of the said M.P. Aggarwal. Lady yatries abused her in a very bad language. This all happens at Howrah Railway Station when her father had gone to Howrah Railway station superintendent to take the further program of the said yatra coach. This was done because they got late in the journey from Gangasagar to Howrah and the solar Eclipse took place. The complainants wanted to take their dinner before the start Solar Eclipse. The information was given to the Railway Police at Howrah Police Station, all the complainants along with some other yatries had left the coach without any information to any staff member or to management because of the fear of the police action at Hawrah Railway Station. Moreover, there was more than 40 yatries present in the coach and they all had completed their yatra and returned back to their respective places. The opposite parties have further submitted that they have fully complied with the terms and conditions as promised by them and had not played any fraud with the complainants. The notice on behalf of the complainants, had been received on 29.08.2011 and the opposite parties had replied for the same on 09.09.2011.
The opposite parties have further submitted that the opposite parties reside at Ludhiana and their head office is only at Ludhiana as they have have no branch of the said Samiti at Bathinda or near by surroundings in District Bathinda as such u/s 11 of the 'Act', the Consumer Forum at Bathinda has no jurisdiction to try and entertain the present complaint. The opposite parties have taken the legal objection that this Forum has no jurisdiction to try and entertain the present complaint as no cause of action had taken place at Bathinda as neither the opposite parties are residing at Bathinda nor carrying their business at Bathinda.
7. A perusal of record placed on file shows that the advance payment of Rs.1,000/- for each complainant, had been got deposited form Bathinda through Punjab National Bank, branch Bank Bazar, Bathinda. Thus, part cause of action has arisen at Bathinda. Hence, this Forum has got jurisdiction to try and entertain the present complaint.
8. The complainants as well as opposite parties admitted that the complainants have completed the journey upto Harwah. The dispute has arisen at Harwah and the complainants came back from Harwah and bear their own expenses whereas the other passengers continued their journey to their destination. The complainants levelled allegations regarding the quality of food and providing the tea but no such evidence has been placed on file by the complainants, even the affidavit tendered in evidence is only of one complainant i.e. Sita Ram whereas no affidavit of any other complainant has been placed on file. This affidavit has been tendered by Sita Ram-the complainant in his individual capacity.
9. The tickets placed on file are also not complete tickets. Moreover, the further allegation that Sh. Sumit Mittal the organizer of tirath yatra, will accompany the complainants through out the journey but nothing has been mentioned in Ex.C-1 i.e. Pamphlet/Advertisement, on seeing which the complainants had made up their mind to go for tirath yatra. Hence, the allegation of the complainants that Sumit Mittal did not accompany throughout the journey and had handed over their custody to Sh. M.P.Aggarwal, is false.
10. The complainants have not mentioned the exact numbers of passengers who went for journey and it can not be presumed that there were only seven persons who were going for pilgrimage of Three Dhams as a bigger group was taken by the opposite parties for tirath yatra. When all other passengers/ yatries have completed their journey and the opposite parties have provided all facilities to those passengers/yatries, what was hitch to the opposite parties, in providing the same facilities to the above said seven complainants. The version of the opposite parties seems to be proved that there was some dispute at Harwah Railway Station regarding food and they have beaten the daughter of the said M.P.Aggarwal as they wanted food early before the start of Solar Eclipse. There is no evidence on file to prove that the complainants have suffered such problems during their journey.
11. Therefore, in view of what has been discussed above, this Forum is of the considered view that the complaint filed by the complainants, is false and fabricated. Thus, there is no deficiency in service on the part of the opposite parties. Hence, this complaint is dismissed without any order as to cost.
A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum
19-03-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
