DATE OF DISPOSAL: 06.04.2021.

Dr. Aswini Kumar Mohapatra,President:

               The factual matrix of the case is that the complainants has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties  (in short the O.Ps.) and for redressal of their  grievance before this Forum.  

               2. Briefly stated the case of the complainants are  that the complainants  alongwith their family members and relatives went to Bangalore started on 25.08.2017 from Berhampur by train to visit the historical places to enjoy the holidays and fulfill their dreams. On 26.08.2017 the complainants reached at Bangalore alongwith their respective members and relatives for the purpose to visit different tourists places of Karnatak and Tamilnadu.  At Bangalore station, the O.P.No.2 sou-motto on behest of opposite party No.1 approached the complainants for group tour package for Karnataka and Tamilnadu and cost of the said packages was for Rs.76.000/- and also agreed to provide (i) Entry fees of different tourist places to be deposited by the O.P.No. 1 & 2 (ii) Fees of Guide by the O.P.No.1. And the O.P.No.2 could able to motivate both the complainant and the group that, their agency is registered and affidavit with O.P.No.3 and accordingly the complainants agreed to avail the package for Karnataka and Tamilnadu.  The complainants accepted the package, deposited Rs.6000/- in advance and acknowledging the advance for tour from 26.08.2017 to 03.09.2017. The O.P.No.1 and 2 issued a Money receipt for entire Tour contract No: 3082 dated 26.08.2017 for Rs. 76,000/- and the O.P.No.1 mentioned in its Tour contract receipt that the agency is recognized by Department of Tourism, Govt. of Karnataka i.e. O.P. No.3.  Thereafter the complainant No.2 paid all the money phase wise in different dates to the O.P.No. 1 & 2 by withdrawing money from his two bank accounts i.e. one personal account maintained at State Bank of India, ADB Khodasingh Branch Berhampur bearing No. 32998643675 of Rs.20,000/- on 26.08.2017 (in two transactions of Rs.10,000/- each at Bangalore), Rs.800/- at Chithoor and Rs.4500/- at Katpadi Railway Station, vellore on 02.09.2017 in two transactions and the information of said transactions of SBI-ATM withdrawals were sent automatically to the  registered email of complainant No.2 and another withdrawal was from M/s Maruti consultancy’s Account (which is sole-proprietorship business account of complainant No.2) maintained at Central Bank of India, , Main Road, Bada Bazar, Berhampur bearing A/C No. 3507834065 on 28.08.2017and statement of transactions of Cental Bank of India were sent to the registered email from postal account maintained at Savings Bank Account bearing No. 3085832436 of Post office, Berhampur H.O. on 28.08.2017.  During the tour from Bangalore to Mysore and back to Bangalore, the complainant No.2 paid all the entry fees of different tourist places visited which was arranged by the O.P.No.1 and 2. The date of visit of tourist places and amounts were mentioned in following tables No.1. 

                                       TABLE-1

The O.P.No.1 & 2 prior to completion of tour contact deserted both the complainants and their team member’s en-route at Bangalore. And it was tantamount to deficiencies in services and unfair trade practices and O.P.No.1 and 2 both are vicariously liable to refund the amounting of Rs.5486/- alongwith 18% interests per annum thereupon to the complainant tour fees from 26.08.2017 till the date of actual payment in accordance to the C.P. Act. During the entire tour programme, the complainant No.2 paid the rests of the amount of Rs.70,000/- out of Rs.76,000/- in different dates by withdrawing the amount from his Savings Bank Account of State Bank of India, Central Bank of India and Postal Banking in presence of the other Members of the group. The detail payment made to the O.P.No.2 on behest of O.P.No.1 is mentioned in Table-2.

                                                TABLE -2

Thereafter during tour from Bangalore to Tirupati, the O.P.No.1 & 2 did not choose to respond to both the complainants and their companion members over phone and not choose to meet with them at all and in constraint the complainants again spent the amount for second time from their pocket towards travel ticket, lodging and boarding, entry tickets of different tourist place etc at Tirupati. And it was tantamount to deficiencies in service and unfair trade practices and both the O.P.No.1 and 2 are having vicarious liability to refund the amounting of Rs.70,000/- with 18% per annum thereupon to the complainants tour fees from 26.08.2017 till the day of actual payment in accordance to the CP Act for harassment and not to fulfill the commitments made by the O.P.No.1 & 2. The complainants are having returned train journey from Tirupati to Berhampur alongwith their family members and group members and in constraint having all types of difficulties and discomforts reached at Tirupati and boarded in another hotel i.e. Avodhoota Datta Peetham, at Plot No. 07, Near Gogarbham Dam, Tirumala, Chittor by paying more charges and spend a lot of money and time with discomfort completed the tour with much difficulties but this hotelier also not issued any bill to the complainants instead of made entries details about the complainant No.2 and their  group. The complainants have spent following amount as follows during visit to Tirumalla and Tirupati:

                                                TABLE -3

The complainants have spent huge amount due to deficiencies in services of the O.P.No.1 & 2 from their pocket as per Table 1, 2 & 3. After reach at the Berhampur, the complainants were issued an advocate notice for said deficiencies in services and unfair trade practices of the O.P.No.1 & 2 and also issued notice to the O.P.No.3 under Section 80 of CPC bearing Notice No. 42 dated 20.10.2017 through registered post. Duly acknowledging the notice on 31.10.2017 the O.P.No.1 through O.P.No.2 telephoned from mobile No.9663866427 to the complainant No.2 on 06.11.2017 and offered over the phone to refund the amounting of Rs.10,000/- in presence of the complainant No.1 to the complainant No.2. Since then neither O.P.No.1 nor O.P.No.2 taken any suitable steps to refund the amount taken towards tour from Banngalore to Tirupati nor settle the disputes till dates. While matter stood thus, when the O.P. No.3 kept silence over the complaint under Section 80 CPC till completion of stipulated period of 2 months time, the complainant No.2 asked the O.P.No.3 through the RTI Act, 2005 dated 05.12.2017through registered post with AD. The O.P. No.3 duly acknowledged the said RTI application on 12.12.2017.  The O.P.No.3 intimated about the transfer of RTI application reference letter No. PraE 28 pravani 2017/dated 16.11.2017 to the Director of Tourism, Khanija Bhawan, Bangalore vide No. PraE 11 Pravani 2018 dated 22.01.2018 which was received by the complainant No.2 on 29.01.2018.  And when no information received from the Director of Tourism Department Bangalore, the complainant No.2 filed 1^st Appeal under RTI Act, 2005 dated 23.02.2018 before the 1^st Appellate Authority of the O.P.No.3 through Regd. Post with AD on 26.2.2018 which was acknowledged by the O.P.No.3 on 01.03.2018. On receipt of the Annexure E4 , the PIO & Deputy Director of Tourism of O.P.No.3 has intimated through letter No. 2486 dated Niol-3-2018 which was received on 20.03.2018 by the complainant No.2 and wherein the O.P.No.3 admitted that, “ Mr. Bhavani Travels, Bangalore does not currently have a letter from the department and the content they complain does not come under the Tourism Department. So they are informed to complain to the police station related to their complaint”. It is not least but not lasts that the complainants intimated about the deficient services of the O.P.No.1 and 2 to the Director General of Police, Govt. of Karnataka and Chief Secretary to Govt. Of Karnataka and when no action taken by the said Department in time, the complainant No.2 asked under RTI Act, 2005 also on 05.12.2017.  Alleging deficiency in service on the part of the O.Ps the complainants prayed to direct the O.P. No.1 & 2 to refund the amount of Rs.61,686/- towards tour package costs from Bangalore to Tirupati with 24% interests per annum, extra amount spent Rs.20,000/-, compensation of Rs.20,000/-, and litigation costs of Rs.20,377.20 in the best interest of justice.

                        3. Notices were issued to the Opposite Parties.  The O.Ps neither appeared nor filed any written version. Hence the O.P. No.1 & 2 were declared exparte on dated 25.04.2019 and O.P.No.3 on 16.01.2019.

                        4. On the date of exparte hearing of the case, we heard the learned counsel for the complainant and perused the case record and the materials placed on it.  It reveals from the record that the complainant had paid advance amount of Rs.6000/- for group tour package of Rs.76,000/- from Karnatak to Tamilnadu from 26.08.2017 to 03.09.2017 under the money receipt No. 3082 dated 26.08.2017  of O.P.No.1 & 2  Sri Sri Bhawani Travels at Bangalore, Karnatak (Annexure-A). The complainant No.2 paid all the amount phase wise in different dates to the O.P.No.1 and 2 by withdrawing money from his two bank accounts. The detail transactions being made in presence of Kalpana Mohapatra and Madhumita Padhy submitted as (Annexure –B) and data also being supported by their sworn affidavit and O.P.No.1 & 2 agreed to provide all facilities and entry fees to be deposited of different tourist places and guide fees will be paid by the O.P.No.1 during the course of the entire tour programme.  But the O.P.No.1 and 2 prior completion of tour as contracted presented from the complainant and their companion members en-route at Bangalore without rendering any services like transportation, accommodation, or any entry fees. So for during the tour from Bangalore to Mysore  and back the complainant No.2 bound to paid all the required entry fees and other expenses visited tourist places which was arranged by the O.P.No.2 earlier. As every conditions were mutually agreed in good faith but the O.P.No.1 & 2 acted in breach of that trust.

                        It is also seen from the record that the complainant had approached O.P.No.1 & 2 for several times and also persuaded through registered legal notice though that was received but since then the O.P.No.1 & 2 had not taken any suitable steps to refund the amount as taken towards tour purpose from Bangalore to Tirupati and failed to settle the dispute of the complainant. 

            It reveals from the record that the complainant had made several correspondences, RTI information and 80 CPC notice against the O.P.No.3. Being an authority the complainant have every right to assail the grievances but O.P.No.3 only have to perform the statutory duty as thus deficiency in service can not be caste upon the O.P.No.3 as not a necessary party in this case. Hence there is no order as on O.P.No.3.

            After evaluating the pros and cons of the above facts and circumstances we are of the view that there is a serious deficiency in service on the part of the O.Ps and they failed to perform their duty as agreed and harassed the complainants in every corner hence they found guilty under the benevolent provisions of the C.P. Act for which the complainants are lawfully entitled for compensation inflicting mental agony harassment anger anguish, frustration and sadness on their part. The act of the O.P.No.1 & 2 was tantamount to deficiency in service and unfair trade practices.

                        In resultant the complaint is partly allowed.

The   O.P. No.1 and 2 are hereby directed to refund the rest amount as received from the complainants standing against the money receipt (Supra Annexure-A) with accrued interest thereon as per official norms besides they are directed to pay compensation of Rs.3000/- and litigation cost of Rs.2000/- to the complainants within two months from receipt of this order failing which the total sum will carry 10% per annum till its realization. This case is disposed of accordingly.  

   The order is pronounced on this day of 6^th April  2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the concerned parties free of cost and a copy of same is to be sent to the server of