<br /> COMPLAINT FILED: 30.09.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 11th NOVEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2132/2008<br /> <br /> <br /> COMPLAINANT 1) Sri.Vittala Shetty PS/o S.Narayana Shetty,Aged about 37 years.2) Smt.Asha V.Shetty,W/o Vittala Shetty PAged about 32 years.Both are residing at No.245,1st Floor, ‘Bhageerathi Nilaya’4th Cross, Milk Colony,Malleshwaram West,Bangalore – 560 055.Advocate – Sri.Louis D.SouzaV/s.<br /> OPPOSITE PARTIES 1. The Manager,Rajesh Travels,No.30, G-4, Travels Point,Seshadri Road,Ananda Rao Circle,Bangalore – 560 001.2. The Manager,Rajesh Travels,No.19/4, T.S.P Road,KalasipalyamBangalore – 560002.<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to refund the ticket amount of Rs.1900/- and pay a compensation of Rs.50,000/- on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant No.1 & 2 both of them joined the trip and package tour conducted by the OP to Tirupathi on paying Rs.950/- per head. OP promised to provide Volvo Hi Tech A.C Bus will all comforts but it failed to provide such kind of Bus. Even the other arrangements of lodging, food were not as per the expectation or as per the promise made. They were made to wait unnecessarily in the Queue without confirming the timings of Darshan. Even return journey was also horrible, A.C was not functioning. In the mid night they were dropped at Bangalore, condition of the Bus was not satisfactory. For no fault of theirs complainants were made to face so many hurdles in spite of they having paid entire package amount to the OP. The hostile attitude of the OP in not providing the service as promised caused them both mental agony and financial loss. Under the circumstances they are advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. Though OP appeared failed to file the version and the evidence on their behalf so as to defend their case if any in spite of taking sufficient and reasonable time. It appears OP is not disputing the allegations of the complainant. Hence it is taken as version and evidence not filed. Then the complainant filed the affidavit evidence with documents. Arguments were heard.<br /> <br /> 3. It is the case of the complainant who are the husband and wife that they joined the package trip arranged by the OP to Tirupathi Tirumala Darshnam each one of them have paid Rs.950/-. Documents to that effect are produced. OP promised to take them in Hi tech Volvo A.C Bus but failed to keep up its promise. Though the departure time was 8.30 p.m but the old Bus came to the spot at 11.15 p.m, journey was horrible. OP promised to provide the best lodging facility with neat and clean and hygienic toilets etc., but the facility provided by the OP was horrible.<br /> <br /> 4. It is further contended that OP promised to take them to the good hotel for the food it was not done. All the passengers were unnecessarily kept waiting the said problem continued with regard to the darshanam also. OP has not ascertained the darshana timings unnecessarily made complainant stand in a Queue. Not only that the return journey was also horrible. A.C was not functioning, Bus was not in a good condition. Ultimately it reached Bangalore in the odd hour of 1.30 a.m. Complainants were unable to get the food and the transport to reach their residence. Though complainants made repeated requests and demands to OP to keep up its promise, but it went in vain. Thus they felt deficiency in service.<br /> <br /> 5. The evidence of the complainant which finds full corroboration with the contents of the undisputed documents appears to be very much natural, cogent and consistent. There is nothing to discard their sworn testimony. It is a quality of evidence that is more important than that of the quantity. Though complainant got issued legal notice to OP to compensate them, again there was no response. So the hostile attitude of the OP must have naturally caused both mental agony and financial loss to the complainant. Complainant with a fond hope of having the darshanam went to Tirupathi – Tirumala with a peace of mind. Because of carelessness and negligence on the part of the OP they could not relish and enjoy the said package tour nor they had peaceful darshnam. <br /> <br /> 6. We are satisfied that the complainant is able to prove the carelessness, negligence and deficiency in service on the part of the OP. Of course complainants have claimed for refund of the entire ticket amount and a compensation of Rs.50,000/-. Claming compensation of Rs.50,000/- appears to be baseless. As the complainant has completed the said package tour of course with some unbearable difficulties and problems they are not entitled for refund of ticket cost. Justice will be met by directing the OP to pay a compensation of Rs.500/- to each one these complainants and litigation cost of Rs.250/-. With these reasons we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to pay Rs.500/- to each one of these complainants as compensation and Rs.250/- litigation cost. This order is to be complied with in four weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 11th day of November 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> Vln* <br /> <br /> <br /> <br />