Tamil Nadu

South Chennai

CC/45/2021

Mr. M. Krishnamoorthy - Complainant(s)

Versus

Sun Travels, Rep by its Proprietor and 1 another - Opp.Party(s)

Party in Person

12 Jan 2023

ORDER

                                              Date of Complaint Filed : 27.01.2021

                                              Date of Reservation      : 28.12.2022

                                             Date of Order               : 12.01.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,         : MEMBER II

 

CONSUMER COMPLAINT No.45 /2021

THURSDAY, THE 12^th DAY OF JANUARY 2023

Mr. M. Krishnamoorthy,

No.C 6/55, PWD 'C' Quarters,

Todhunter Nagar, Saidapet,

Chennal 600 015.                                                                                                                                   ...   Complainant                

..Vs..

1.Sun Travels,

   Rep by its Proprietor,  

   Perinbaraj Complex,  

   No.20, Natasan Street,

   Room No.1 B, (Near Siva Vishnu Koil),

   T-Nagar, Chennal - 17.

 

2.Mr. K. Chidambaram,

   Proprietor, Sun Travels,

   Perinbaraj Complex,

   No.20, Natasan Street,

   Room No.1 B, (Near Siva Vishnu Koil),

   T. Nagar, Chennai – 17.                                                                                                                       ....Opposite Parties

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Parties     : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to refund Rs.40,690/- along with 18% from the date of payment till the realization and to pay a sum of Rs.33,829/- towards the expenses for lodging and travel package, and return ticket to Chennai through flight Rs.33,438/- and Rs.5,000/- towards food for their family incurred by the Complainant for no fault of them along with 18% from the date of payment till the realization and to pay a sum of Rs.5,00,000/- towards deficiency in service and to pay a sum of Rs.5,00,000/- towards unfair trade practice along with cost of Rs.10,000/-

2.     The averments of Complaint in brief are as follows:-

The 2^nd Opposite Party is the proprietor of sun Travels, and the 1^st  Opposite Party is the branch office at Chennai, the Complainant who was instigated by the advertisements issued by the Opposite Parties, and he Complainant was attracted by the same met the 1^st  Opposite Party on 03.02.2019 for the 12 days North East tour. Accordingly, the 1^st  Opposite Party explained that the cost of the tour will be Rs.13,590/-  per person, for the services facilities to be rendered as per the advertised by them and the tour will be starting from 18.5.2019 to 20.5.2019 which starts from Chennai covering Puri Bhuvanser Kolkata - Darjeeling Gangtok again Kolkata and back to Chennai. The 1^st Opposite Party assured that the aforesaid cost would certainly cover the Vegetarian food daily, bus charges for the sightseeing and accommodation charges. The 1^st Opposite Party also issued the itinerary list specifically mentioning the dates of travel starting from Chennai on 18.05.2019 and reaching Kolkata on 20.05.2019. Accordingly, on reaching Kolkata on 20.05.2019 the sightseeing and returning to Chennai on 28.05.2019. On 03.02.2019 the Complainant contacted the 1^st  Opposite Party and informed that he along with his family of 3 persons were eager to join the tour and another family friends were also willing to join the tour plan. The 1^st Opposite Party directed him to pay an advance amount of Rs.18,000/- for 3 persons under receipt No.7 on 23.03.2019 and thereafter the Complainant to pay the entire balance amount. On 17.5.2019 the Complainant paid Rs.22,690/- by way of account transfer from bank account. In all total he had paid Rs.40,690/- and booked by making the payment to the 1^st Opposite Party for 3 adults. He had requested the opposite parties to book the train ticket in III AC for their travel from Chennai to Kolkata and the 1^st Opposite Party asked him to hand over the entire cost for booking  ticket, to them. The 1^st Opposite Party called him and informed that tickets were booked from Chennai Central to New Jalpaiguri (West Bengal) and a copy of the same was sent to him. On 30.4.2019 he had received an itinerary of their travel plan which explained the date of travel, and train particulars, along with the return train particulars. Since he had paid all the necessary charges without any delay or default, he was in fond hope that after receipt of the same the tour was arranged by the Opposite Parties. On 18.5.2019 he along with his family and friends reached Chennai Central railway station, and on behalf of 1^st Opposite Party, Manager, Mr. Saravanan received them duly handed over Rs.8000/- towards the cost of III AC and introduced to one Mr. Guruswamy who will be the guide for the entire tour and he will be incharge for coordinating all the travel plans which has been duly finalized. He was handed over with the onward travel ticket for their family upto Kolkata. The 1^st Opposite Party have not informed the change in the travel plan to him. On reaching Kolkata the 1^st Opposite Party made arrangement for stay and for sightseeing. On reaching Kolkata 1^st  Opposite Party took the Complainant's family to Ramakrishna Mutt and directed them to complete their bathing and toilet needs, he was shocked to note that it is only a common bathroom for all the travelers who are all visiting the Mutt, thereafter the Opposite Party arranged for a Non AC bus for sightseeing. The temperature there was 45 Celsius. On the 1^st  day of their visit by 12 noon the Opposite Parties have taken them to Victoriya Mahal, after reaching there all of them came to know that the Victoriya Mahal is closed for the day, 1^st  Opposite Party asked everyone to stay at the lawn since it was lunch time, and they would be served lunch there itself. But the wait for lunch from 12 noon had went on and on. He along with his family and friends has no other go but to wait for food. Only at 4 pm in the evening the 1^st Opposite Party was able to provide lunch to his family and friends. Thereafter in the evening the 1^st Opposite Party took him to Saint Mother Terasa's Memorial House for sightseeing. Later, he was directed to reach the railway station at Sealdah (Kolkata) by 5.00 p.m. for the train at 11.20 pm to board the train to travel to New Jalpaiguri. He insisted for the train ticket the 1^st Opposite Party was made to wait stating that to be ticket confirmed as it is in the waiting list. At one stage the 1^st Opposite Party have asked him to board the train, at that juncture he insisted that he would not in a position to board the train as he is not holding a confirmed travel ticket. But the tour guide insisted him to board without any other alternative he checked the waiting list wherein he was surprised to note that their names were not in the waiting list also. After receiving the entire consideration, the opposite parties have not made any justifiable arrangements for him for the tour. Later he insisted the tour guide to make any arrangement for travel by way of a cab. Instead of making arrangement the tour guide directed him to travel the next day through the state Transport Bus. As the 1^st Opposite Party left through the earlier train he tried to contact over phone but no useful response from the 1^st Opposite Party. Thereafter the tour guide also left him at the platform without any solutions, he tried to lodge a Police complaint at Kolkata Railway station stating that the opposite parties after receiving the entire consideration has left the Complainant's family and his friends in the platform itself without any solutions, the Police personals directed him to get any proof from the Station Master with regard to the tour plan, when he approached the Station Master he informed that since he and his family name were not in any of the waiting list he could not  acknowledge their travel plans nor their misdeeds. Hence in late hours he was forced to book lodging at the hotel on their own cost for the right for stay along with family, friends and their children's. He insisted if the 1^st  Opposite Party having left the Complainant and his family at the railway station without any solution, for further travel he asked for refund of his money which was paid to them well in advance to make arrangement. For which the 1^st Opposite Party assured that his money would be refunded on 30.05.2019 on reaching Chennai. Though the opposite parties received the entire consideration well in advance but has not booked accordingly to the date of return nor planned the sightseeing accordingly, which led him to stay and incur extra expenditure. After suffering a humiliation they travelled all along to Kolkata under the tour plan, the misdeed of the opposite parties had made him to once again plan and Incur further more expenditure to continue their tour on their own by engaging the local tour and travels by incurring huge expenditure. After completing the tour and sightseeing the he had contacted their friends at Chennai and through them they booked flight tickets from Kolkata to Chennai for the travel by which they incurred a huge amount of Rs.33,438/-. Inspite of having paid money in advance the 1^st Opposite Party had left him in larch to suffer for no fault of them. On reaching Chennai without any other alternative he had lodged a police complaint on 28.5.2019 for refund of the amount paid to the Opposite Parties. Inspite of the police complaint the Opposite Parties have not chosen to come forward to settle the dispute, the police personal directed him to approach the appropriate Commissions for Redressal. Hence the complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-22. The Opposite Parties did not appear before this Commission even after sufficient notice was served on them. The Opposite Parties were called absent and set exparte.

Points for Consideration:-

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

On careful reading of the complaint and on perusal of exhibits marked in support of the complaint, it is clear that the Complainant had paid a sum of Rs.40,690/- and booked the North Eastern tour organised by the Opposite Parties, as found in Ex.A-1 and Ex.A-2. From Ex.A-3 Itinerary, the Opposite Parties had organised a tour on 18.05.2019 for 12 days from Puri-Bhuvaneswar-Konark – Kolkatta-Darjeeling – Gangtok (Sikkim) – Kolkatta (Science City). The contentions of the Complainant that he along with his family and friends were taken to Victoria Mahal, Kolkatta on the first day, where the Mahal was closed for the day and they were made to wait in garden at 12 noon lawn for lunch, but provide lunch only at 4 p.m, thereafter on sightseeing of Saint Mother Teresa Memorial, they were asked to board train at sealdah (Kolkatta) without confirming ticket to New Jalpaiguri. Though it was informed to him that their tickets were in waiting list, on verification their names we not in the waiting list, on verification their names were not in the waiting list, hence contacted the 1^st Opposite Party who had instructed to board the train, as no confirmed ticket he refused to board the train. He sought far arrangement through a cab to the representative of Opposite Parties, who refused to do so and asked him to travel the next day by State Transport bus, when he contacted the 1^st Opposite Party there was no response and the tour guide of the Opposite Parties left him, his family and friends in the said railway station and went on his way. Of the misdeeds committed by the Opposite Parties, he tried to give a Police complaint and the Police authorities had advised to obtain a proof from the Railway Station master, who could not help as their names were not in any of the waiting list chart.  Thereafter he his family and friends by spending their own money arranged for stay, food and travel and completed the tour. Further through his friend, at Chennai arranged for flight ticket and reached Chennai. The Complainant in support of the above contentions had marked Exs.A-4 to Ex.A-10. From Ex.A-21 RTI letter dated 25.10.2019 sent to the Station master, sealdah (Kolkatta) Railway Station, West Bengal, the Complainant had sought for confirmation regarding PNR No provided in Ex.A-19, reply Notice dated 16.08.2019, as well about their dated 16.08.2019, as well about their names in the waiting list, by Ex.A-20, the RTI reply dated 09.12.2019 sent by the office of the Principal Direct Commercial Manager, Eastern Railway, Kolkatta to the Complainant, it was confirmed that the PNR number is not valid and the name of the Complainant, his family members and friends were found in the waiting list. Hence it would be clear that the tickets booked by the Opposite Parties were not confirmed for travel from Sealdah to New Jalpaiguri. Further the conduct of the tour guide of the Opposite Parties without making necessary arrangements to the Complainant, his family and friends, leaving them in Sealdah Railway Station is a clear negligence on the part of the Opposite Parties. Having collected entire amount for the tour from the Complainant and having not organised the tour to the Complainant, clearly amounts to deficiency in service on the part of the Opposite Parties and having left the Complainant, his family and friends in the above said railway station and made them to arrange of their own the stay, food an travel and to reach Chennai, the Opposite Parties had caused serious mental agony to the Complainant. Accordingly Point No.1 is answered as against the Opposite Parties.

Point No.2 and 3:

As discussed and decided in Point No.1 against the Opposite Parties, the Opposite Parties are liable to pay a sum of Rs.40,690/- being the tour amount paid to the Opposite Parties, together with interest @9% p.a from 17.05.2019 till the date of this order, and also to pay a sum of Rs.25,000/- towards unfair trade practice, deficiency of service and mental agony, along with cost of Rs.5,000/-to the Complainant. Accordingly Point Nos. 2 and 3 are answered.

In the result, the complaint is allowed in part. The 1^st and 2^nd Opposite Parties are directed to refund a sum of Rs.40,690/-(Rupees Forty Thousand Six Hundred and Ninety Only) being the tour amount paid to the Opposite Parties, together with interest @9% p.a from 17.05.2019 till the date of this order, and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards unfair trade practice, deficiency of service and mental agony, along with cost of Rs.5,000/-(Rupees Five Thousand Only) to the Complainant, within 8 weeks, from the date of receipt of this order failing which , the above said amounts of Rs.40,690/- shall carry interest @ 9% p.a from the date of receipt of this order till the date of realization.                                                                                                                                                                                                                                                                                                                                                                                                                 

          In the result this complaint is allowed.          

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 12^th of January 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	23.03.2019	Receipt NO.7 issued by the Opposite Parties on receipt of Rs.18,000/-
Ex.A2	23.05.2019	Copy of the Complainants Husband bank statement
Ex.A3	18.05.2019	Itinerary of the travel plan issued by the Opposite Parties with return ticket particulars
Ex.A4	21.05.2019	Copy of the Ghosh travels bus ticket by the Complainant
Ex.A5	18.05.2019	Copy of the train ticket Chennai to New Jalpaiguri
Ex.A6	-	Flight ticket Bagdora to Bengaluru
Ex.A7	-	Flight Ticket Bengaluru to Chennai
Ex.A8	-	Receipt issued by Hotel Oravel Stays Pvt Ltd Darjeeling
Ex.A9	-	Receipt issued by Hotl Roma Holiday Inn, Darjeeling
Ex.A10	29.05.2019	Police complaint lodged by the Complainant
Ex.A11	-	CSR No.290/2019 issued by Sub Inspector of Police, Mambalam Police Station
Ex.A12	19.09.2019	Complainant sent letter to the RTI
Ex.A13	25.06.2019	Complainant sent letter to the 1st Opposite Party
Ex.A14	19.07.2019	Legal notice caused by the Complainant with acknowledgement card
Ex.A15	-	Returned legal notice postal cover with acknowledgement card by the 1st Opposite Parties
Ex.A16	-	Conversation between the Complainant and train traveller Mr.Gopi about the tour
Ex.A17	-	Conversation between the Complainant and Opposite Parties
Ex.A18	20.05.2019	Conversation between the Complainant and train platform guide Mr.guru
Ex.A19	16.08.2019	Reply notice issued by the Opposite Parties
Ex.A20	09.12.2019	Copy of the principal chief commercial manager, Kolkata railway station
Ex.A21	25.10.2019	Copy of the Complainant’s letter to Kolkata railway station master
Ex.A22	-	Photographs of the Complainant

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT