IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM
Date of filing : 21.06.2016
Date of order : 28.02.2023
PRESENT:
Shri.D.B.Binu President
Shri. V.Ramachandran Member
Smt. Sreevidhia T.N Member
C.C.No.343/2016
COMPLAINANT
Pro.Dr.V.J. Dominic, Vempala (H), Niravath Road, Maradu P.O., Ernakulam-682 304
Vs.
OPPOSITE PARTIES
1) The Proprietor, Indian Wings Holidays, GIB, Ground Floor, Netage Arcade, Church Landing Road, Pallimuku, Cochin-682 016
(O.p1 rep. Adv.P.Rajeeve, Kolaheri Shopping Complex, Chittoor Road, Ernakulam, Kochi-682 016)
2) Yogesh Xavier, Managing Director, Indian Wings Holidays Pvt. Ltd., Netage Arcade, Pallimukku.
(o.p 2 by Adv.P.V.Santhosh, M/s.P.V.Santhosh & Associates, Thekkanathu Buildings, South of South Over Bridge, Manorama Junction, Panampilly Nagar, Kochi-36)
F I N A L O R D E R
Sreevidhia T.N., Member
1) A brief history of the complaint is as stated below:
As lured by the itinerary published by the Company of the opposite party at their website, the complainant had enquired about the travel facilities from Delhi and back to Delhi and the opposite party had assured a very comfortable journey in a Volvo bus throughout the road transit. As per the opposite party’s assurance the complainant had booked the tour programme by remitting the full amount at the office counter of the opposite party for the participation of his wife also. The complainant and his wife started the tour programme at 4 am on 18th May 2016. The complainant states that the programme was miserable and causing all kinds of discomfort physical and mental agony together with extra financial loss, to the passenges as the company did not provide the offer published in the itinerary of the particular programme and hence the complainant approached this Commission. The main discontented situations faced due to the irresponsible and acquisitive attitude of the opposite party towards the tour programme are listed below:
1) Road Transport Facilities.
Though the road transit facility mentioned in the package inclusions was delux A/C vehicle, the opposite party directly agreed to all passengers that the long time travels would be in Volvobus with all comfortable amenities. But the bus was an ordinary A/C bus in which the A/C was not functioning well and caused serious travel sickness.
2) Accommodation
The package inclusions highlighted 2 star hotel facility for the night stay at Shmila. Aachman Residency/Similar, Kulu-Park Residency/similar in Delhi vedas heritage. But the first stay at Shimla arranged in a hotel similar to a low class lodge of our State. The rooms were dirty and toilets were horrible and unhygienic.
At Kulu also, the hotel provided by the opposite party was also an ordinary one. At full night the complainants were forced to remain in the room without electricity as the hotel did not have generator and electricity.
3) Food
As per the package the daily buffet breakfast and dinner at hotel was included in the package inclusions.
When the complainant reached at Shimla in midnight there was no restaurant in the so called hotel, the complainant had to wait for another hotel 1.5 hrs to get the dinner. The participants were given food prepared by the cook team in an unhygienic place at Kulu and most of them had food from other hotels at their own expense.
4) Additional charges for package inclusions
As per itinerary the fifth day of the programme included visit to Rohtang pass/Solang Valley, though it was a part of the programme the opposite parties demanded Rs.2400/- for Rohtang pass visit.
5) The inconvenience and uncomfort caused for the passengers because of the unhealthy and unhygienic cooks along with the passengers. There was no proper guide from the side of the opposite party to explain the places and its importance.
The complainant states that they have faced and experienced much hardships and mental agony due to the tour package service provided by the opposite parties. All of the participants experienced a very hard and boring seven days in their life and they lost their previous time, health and money. Hence this complaint is filed by the complainant before the Commission for getting compensation from the side of the opposite parties for the physical, mental agony suffered by the complainant due to the deficient action of the opposite parties.
2) Notice
When the case was taken on file notice was issued to the opposite parties from this Commission on 25.06.2016 and the opposite parties filed vakkalath and version and the case was posted for evidence to 05.11.2016.
On 05.11.2016, the complainant filed I.A 711/2016 to implead Yogesh Xavier, Managing Director, Indian Wings Holidays Pvt.Ltd., GIB., Ground Floor Cochin-682 016 as additional 2nd opposite party. I.A 711/2016 allowed and notice was issued to the 2nd opposite party.
The 2nd opposite party also appeared and filed their version as same as the version of the 1st opposite party.
3) Version of the opposite parties
The present complaint is not maintainable either in law or on facts.
I tis true that the complainant and his wife were members in the tour package to Delhi-Simla-Kulu Manali conducted by the opposite parties. There were 32 members in the team including the tour manager of the opposite party, Mrs,Merin. The tour was conducted as per the itinerary and as per the changes requested by the team before and during the tour. The total cost of the tour was Rs.39,000/- per head but the complainant and his wife had paid only Rs.35,000/- each per head saying that they did not want any lunch during the tour days.
No offer was given by the opposite parties to the complainant or to anybody that A/C Volvo bus with comfortable amenities will be provided for transfers. The package inclusions noted in the itinerary produced along with the complaint will show that all tours and transfers are in A/C vehicles. So the demand of the complainant for A/C Volvo bus is out of the package inclusions and cannot be provided.
Shimla is a place at an attitude of 1929 meters and at some points of time as per the requests of the team members the bus driver might have switched of the air conditioners due to sever cold. There was no complaint for the bus or the A/c during the travel.
The tour was advertised in the month of February with the given itinerary but the members including the complainant were booked only in the 2nd week of May 2016 and the date was scheduled to 18th May to 24th May. As it was the peak season, the members were intimated that the hotels given in the itinerary were already full but accommodation will be provided hotels with same grade and standard. The hotel provided in Shimla for 2 days was Hotel Rajdoot, 3 nights in Manali was at Hotel Mountain Face Resort and 1 night in Delhi Hotel Moments and Hotel Gulnar was at Delhi. All these hotels are with 3 star facilities.
The team members requested for a kitchen team as most of them did not like the North Indian Food, it was arranged by the opposite party’s suppllier at Delhi with all cooking utensils and raw stuffs. It is admitted that the kitchen team were travelled along with the group. It was only as per the request of the team food was cooked by the kitchen team. The allegations regarding the food is utter falsehood and hence denied by the opposite party.
In the itinerary provided to the members it was noted that either Rohtang pass or Solang valley will be visited. At the time of tour booking it was informed by that due to earth falls the Rohtang Pass is closed and Solang Valley will be visited. But at the time of visit it was understood that Rohtang pass is open and the team visited the same as apart of the package and no extra money was collected from anybody. It was mere allegation that the tour manager collected Rs.2400/- from the team members for the visit of Rohtang pass.
There had no occasions for the Tour manager to borrow money from the team for food or anything. It is admitted that cooking was safely carried in the underbody chambers of the bus which is permitted wihtout any hazard or inconvenience to the team.
The guide arranged by the opposite party is an experienced person who knows the important and historic places very well. There were another 30 members in the team other than the complainant herein and none of them had made any complaint regarding any deficiency in service.
4) Evidence
Evidence in this case consists of the proof affidavit filed by the complainant and the documentary evidence which are marked as Exbts A1 to A5. The complainant was cross examined by the opposite party’s counsel and his depositions are recorded as ‘PW1’.
Opposite parties filed three documents which are marked as Exbt.B1 to B3.
Opposite party filed proof affidavit and one Yugesh Xavier, Managing Director of Opposite party is cross examined by the complainant’s counsel and his depositions are recorded as ‘DW1’.
Heard both parties.
5) The issues came up for consideration in this case are as follows:
1) Whether any deficiency in service or unfair trade practice is proved from the side of the opposite party towards the complainant?
2) If so, reliefs and costs?
6) For the sake of convenience we consider issue Nos. (1) and (2) together.
The case of the complainant is that he had availed the service of the opposite party to participate for a tour programme Shimla-Kulu-Manali arranged by the opposite party. For this purpose, the complainant had remitted an amount of Rs.70,000/-. The opposite party had issued receipt to the complainant (as per Exbt.A1). The programme was scheduled to be from 18th to 24th May 2016. Exbt.A2 is the itinerary of the tour programme. Exbt.A3 are the photographs of the hotel arranged by the opposite party at the time of the tour. Exbt.A4 and A5 are the reviews of the two hotels, ie., Hotel Rajdoot and Hotel Rajhans arranged by the opposite parties for the stay of the complainant at Shimla and Manali.
The opposite parties filed 3 documents – Exbts.B1 to B3. Exbt.B1 is the photographs of Hotel Raj Dhooth Shimla-171 001. Exbt.B2 is the photographs of Hotel Mountain Face Resort Manali. Exbt.B3 are also photographs of Hotel Gulnar Delhi.
We have verified the complaint, version, documents filed from both sides. The complainant’s first allegation is that the opposite party directly agreed to all passengers that the travel would be in Volvo Bus with comfortable amenities. But the bus arranged was an ordinary A/C bus. As per Exbt.A2 tour itinerary, all tours and transfers are in an A/C vehicle. So as per the tour itinerary opposite party had given no offer to anybody that A/C Volvo Bus will be provided to the transfers.
The complainant’s 2nd allegation is that the package inclusions lighted 3 star hotel facility for the night stay at Shimla-Aachman Residency/Similar, Kulu-Park Residency/similar and Delhi-Vedas. The complainant alleges that the first stay at Simla was arranged in a hotel similar to a low class lodge of our State. At Kulu also it was an ordinary hotel’. The complainant has produced Exbts. A3 photographs. The opposite parties also produced 3 photographs (Exbt.B1 to B3). As per Exbt.A2 tour itinerary, there is no mention anywhere about the stay at 3 star hotels. As per the package inclusions we can see the following details only.
- 02 nights accommodation in Simla
- 03 nights accommodation in Manali
- 01 night accommodation in Delhi.
Eventhough photographs of the hotel are produced here, the complainant’s allegations regarding the accommodation provided by the opposite parties cannot be proved from the evidence filed by the complainant.
On verification of all the evidence produced from both sides, the complainant’s allegations regarding the road transport facilities, accommodation given by the opposite parties, presence of a team of dirty and unhygienic team of cooks additional charges for package inclusions etc cannot be proved from the available documents filed by the complainant.
Except for the averments made by the complainant he had failed to prove any deficiency in service or unfair trade practice or negligence from the side of the opposite parties which causes the loss of previous time, money and health to the complainant, expressing a very hard and boring days at the complainant’s life.
In the absence of any substantial evidence produced by the complainant we therefore find that the issue No. (1) is found against the complainant.
Since the complainant failed to establish the case with sufficient documents, the complaint is found to be dismissed and accordingly dismissed.
Pronounced in the Open Commission this 28th day of February 2023.
Sd/-
Sreevidhia T.N., Member
Sd/-
D.B.Binu, President
Sd/-
V.Ramachandran, Member
Forwarded by Order
Assistant Registrar
APPENDIX
Complainants Exhibits
Exbt. A1 | :: | Copy of receipt issued by the opposite party to the complainant dated 04.05.2016 |
Exbt. A2 | :: | Copy of itinerary of the tour programme |
Exbt.A3 | :: | Photographs |
Exbt.A4 Exbt.A5 | :: | Exbt.A4 and A5 are the reviews of the two hotels, ie., Hotel Rajdoot and Hotel Rajhans arranged by the opposite parties for the stay of the complainant at Shimla and Manali. |
|
Opposite party’s Exhibits :
Exbt. B1 series | :: | Copy of photographs of Hotel Raj Dooth Shimla |
Exbt. B2 | | Copy of photographs of Mount face Resort Manali |
Exbt. B3 | | Copy of photographs of Hotel Gulnar Delhi |
Depositions :
PW1 :: Dr.V.J. Dominic
