COMPLAINT FILED ON:01/09/2022

DISPOSED ON:04/03/2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:126/2022

DATED: 04^th March 2023

PRESENT: Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                  Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER        

  Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER       

::ORDER::

By Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER.

        This is a complaint filed by the complainant U/s 35 of the CP Act 2019 seeking relief against the OP to direct the OP to refund tour and ticket charges of Rs.4,50,000/- including returning flight charges of Rs 1,36,840 for 10 members.

        2. To direct the OP to pay compensation Rs.33,00,000/- towards mental agony, torcher, deficiency in service, unfair trade practice and cost of proceedings  alongwith 12% interest from date of tour till date of realization and for such other relief as this Commission deems fit.

3. Brief facts of the complaint is as follows:-

        The OP organizer of package tours to their esteemed customers in different parts of the country and also abroad.  The complainant came to know that OP agency is a unique tour operator with the vision of providing the best services with planed itineraries to exclusive destinations.

        4. As such the complainant intended to have package tour under caption Majestic Sikkim Package for 7 nights and 8 days along with his 10 family members through OP travel agency.  Complainant accordingly approached and booked for travel under package tour on 26/04/2022 and accordingly complainant paid Rs.20,000/- towards advance for Sikkim tour package, vide receipt no:17334 sent through HDFC Bank.  OP have accepted advance amount from the complainant for conducting package tour program as such complainant became a consumer / customer to the OP travel agency.  Complainant paid Rs.1,10,000/-, Rs.1,00,000/-, Rs.50,000/- through vide receipt No.17748 dated 17/05/2022, receipt No.17688 dated 04/05/2022 and vide receipt No.18685  dated 14/05/2022 respectively towards tour charges and Rs.16,000/- towards Room booking charges on 24/05/2022 and Rs.30,000/- towards Hotel Doma Palace at Gangtak Sikkim on 21/05/2022 by way of cash.  likewise the complainant have paid his part of payment promptly without any delay and credited to OP Bank account through NEFT and cash.

        5. After receiving the amount and as per the terms and conditions it is bounden duty of the OP to provide proper conveyance, accommodation, sight seeing, food and to arrange as per Tour programme as per the time schedule to their customers to enjoy the benefits of all services included in the package.  But OP has failed to do so. As per broucher the OP has not provided any basic amentities to the complainants and maintained the tour as per time schedule. The complainants and his family members have suffered by waiting and waiting not having any good lodging as per the tour programme was competetly worsening the complainant and family members have suffered a lot. The complainant many times contracted the concerned travel agents over phone but they have not responded properly and not conducted the tour as per the schedules mentioned in the broacher. OP officials willfully and intentionally have not provided required service to the complainant and as such complainant has sought for refund of ticket charges alongwith interest for causing deficiency in-service mental agony and suffering waste of time and energy.

        6. Finally complainant issued legal notice on 23/06/2022 to OP and the said notice was duly served to the OP but OP have not complied nor responded and made arrangements to refund the amount along with compensation to the complainant being aggrieved by the said Act of the OP the complainant have filed this present complaint.

        7. After receipt of the notice to OP the said notice was duly served on the OP and OP was absent and hence OP was placed ex parte. complainant has filed his Affidavit evidence by one Smt.Dr.Shobha.K.M and got marked the documents as exhibits A-1, A-10 and closed their side evidence. Heard the arguments of complainant.

        Now the points that, arise for our consideration are as follows:

1. Whether complainant proves deficiency in-service on part of the OP?
2. Whether complainant is entitled for the relief as sought in the complaint?
3. What Order?

       Our findings on the above points are as follows:

Point No. 1 & 2:  In the affirmative

Point No. 3: As per the final order

:: REASONS ::

        8. Point No. 1: Perusal of the complaint filed by the complainant it is stated that the complainant had booked package tour with OP and OP had also provide and assured that they would give best services with planned itineraries to exclusive destination i,e., Sikkim package tour after the assurance of the OP complainant had booked tour package for Sikkim for 7 nights and 8 days along with his 10 family members.  On 26/04/2022 the complainant approached the OP and booked for travel package and paid Rs.20,000/- towards advance for Sikkim package tour vide receipt No.17334 through HDFC Bank, OP have accepted the advance amount from the complainant for conducting package tour program for Sikkim.  After which complainant have paid Rs.1,10,000/- vide receipt No.17748 dated 17/05/2022 and Rs.1,00,000/- vide receipt No.17688 dated 01/05/2022 and 50,000/- vide receipt No.18685 dated 14/05/2022 towards tour charges on Rs.16,000/- towards room booking charges on 24/05/2022 and 30,000/- towards booking of Doma palace at Gangatak on 21/05/2022 by way of cash.

        9. Complainant have paid his part payment promptly without any delay and credited to OP bank account through NEFT and cash for the transactions done to OP. After receiving the amount as per the terms and conditions it is bounden duty of the OP to provide proper convenience, accommodation, sight seing food and to arrange the tour program as per time schedule to the customers / complaints to enjoy the benefits of all services included in the package.

        10. Now the crux of the matter is that though the complainant have provided the services of the OP whether OP has provided proper services to the complainant in the Sikkim tour package conducted by the OP.  But OP have not appeared and have not filed version in the instant case but complainant is alleging deficiency in-service on the part of the OP. OP has not provided proper conveyance accommodation, food and failed to arrange the tour program as per time schedule to enjoy the benefits of all services included in the tour package by OP.  But complainant have alleged that his family members have suffered by waiting not having any good lodging and hence there was lot of inconvenience and the said act was informed by the complainant to concerned person / travel agents over phone, but OP have not responded properly and as such OP have not conducted the tour as per the schedule mentioned in the brocher.  Moreover OP have no shown Tsomog lake /change Lake, Baba Harbajan Singh Mandir, Kabi Lungastock, Nathula pass and Rimbi waterfalls and other places as per itinerary.  But it is admitted that complainant and other members have travelled to Sikkim tour package  for 7 nights and 8 days along with 10 family members with OP travel agency but there may be some inconvenience caused to the complainant and some places mentioned supra have not been shown to the complainant and his 10 family members and also the lodging facility was also with poor quality but the complainant is seeking refund of tour and ticket charges of Rs.4,50,000/- . But, complainant  have availed the services of OP and have taken the flight and have visited the Sikkim tour package and also the facilities boarding lodging sight seing places was also visited by the complainant but there was some inconvenience caused to the complainant as OP travel agent / concerned persons have not taken any insitive  to see that proper services has been provided to the complainant.  Moreover in the instant case OP have remained absent and the allegations made in the complaint remains unchallenged and hence we have no other option just to accept the allegations made in the complaint and also complainant is seeking returning flight charges of Rs.1,36,840/- but complainant have not produced any documents to show that he has incurred additional flight charges and also failed to show OP not booked the flight returning tickets. On perusal of Exhibits A-8 it reveals that OP have booked flight and have paid charges to 10 family members from Bangalore to Bagdogra Airport (IXB) for 10 members on 19/05/2022 and again have booked flight returning tickets to 10 family member of the complainant from Bagdogra Airport (IXB) to Bangalore on 26/05/2022 which shows that OP have booked returning flight tickets and hence complainant is not entitled for the flight returning charges but complainant have proved that there was deficiency in-service while conducting the tour program for Sikkim and there was in convenience and hence complainant have proved deficiency in-service on the part of the OP and hence we answer point No.1 In the affirmative.

  11. Point No.2: OP is directed to refund sum of Rs.75,000/- to the complainant for causing inconvenience while conducting the tour for not providing proper convenience accommodation sight seing food / for not showing certain places as per the itinerary.  OP in directed to pay a sum of Rs.10,000/- towards litigation charges as complainant have engaged services of an advocate in conducting the case and Rs.15000/- for causing mental agony and suffering to the complainant. Hence, we answer the Point No. 2 in the affirmative.

  12. Point No.3:- For the forgoing reason we proceed to pass the following:

::ORDER::

    The Complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 is allowed in part.

   OP is directed to pay Rs.75,000/- to the complainants for causing inconvenience while conducting the tour programme.

   OP is directed to pay Rs.10,000/- towards the cost of the litigation.

   OP is directed to pay Rs.15,000/- for causing mental agony and suffering to the complainant

   It is further ordered that, the OP is hereby directed to comply the above said order within 30 days from the date of this order.

   Communicate the order to both the parties.

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open commission by us on 04^th March 2023.)

  LADY MEMBER                 MEMBER                 PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Smt.Dr.Shobha K.M.W/o Dr.S.Ujjanappa,  by way of    

            affidavit  evidence.

Witness examined on behalf of opponent:

Nil.

Documents marked on behalf of Complainant:

Documents marked on behalf of opponent:

Nil.

  LADY MEMBER                 MEMBER                 PRESIDENT