BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 9^th DAY OF MARCH 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. The complaint has been filed under Section 12 of C.P.Act, 1986 (herein under referred as an Act) for the following reliefs against the OP:-

(a) Direct the OPs to pay an amount of Rs.2,00,000/- along with 18% p.a interest to the complainant as compensation for the deficiency of service, mental agony, hardship and inconvenience by OPs in the interest of justice and equity.

(b) Direct the OP to pay the costs of the above proceedings and advocates fee to the complainant.

(c) and to pass such other order. 

2. The case set up by the complainant in brief is as under:-

The complainant having paid Rs.4,23,828/- to the OPs booked the tour package called Extravaganza Turkey for himself, his wife and son.  The tour package commenced on 29^th April 2019 and ended on 8^th May 2019.

3. It is further case of the complainant that the OPs failed to take proper care of the complainant and his family members, also failed to provide the manual assistance and failed to provide good rooms for the stay of complainant and his family members.  The complainant also contends that the OPs wasted time and thereby complainant and his family members failed to enjoy the side seeing.  There is a deficiency of service on the part of OPs.  Hence, this complaint.

4. In response to the notice, OPs appeared through their counsel and filed version.  They contend that there is no deficiency of service.  The burden lies on the complainant to prove the deficiency of service.  The complainant is not entitled to any reliefs.  More particularly gave all the extended facilities to the complainant and his family members by providing good hotels.  There is no bonafide in the complaint.  All the particulars including names of the hotels were provided to the complainant.  They request to dismiss the complaint.

5. The complainant files his affidavit evidence and relies on 21 documents.  The OPs failed to lead evidence.  Heard the arguments of counsel for the complainant only.  No argument is advanced on behalf of OPs.

6. The following points arise for our consideration:-

1. Whether the complainant proves deficiency of service on the part of OPs?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

7. Our answers to the above points are as under:

       Point No.1:  Partly in the affirmative.

      Point No.2: Partly in the affirmative.

      Point No.3: As per final orders

REASONS

8. Point No.1:  Even though, OPs filed version, but they have not lead any evidence.  The complainant has filed his affidavit evidence and relies on 21 documents in support of his case.
9. At the first instance, we would like to refer the admitted facts.  The payment of Rs.4,23,828/- to the OPs has been proved by the document Nos.A1 to A4.  The mails produced under document No.5(a to f) are prior to the commencement of the tour.  Document No.5(f) is the mail intimation issued by OPs to the passengers that “Hotel rooms in Cappadocia at cave hotel are small.” The OPs have furnished details of tour package under document No.A5 to the complainant.  Document No.A6 demonstrate the tour programme.  Document No.A7 indicates date of journey between 29^th April 2019 to 8^th May 2019.  It also indicates the flight numbers from Bangalore to Muscat, Muscat to Istanbul, Instanbul to Antalya, Antalya to Istanbul, again Istanbul to Kayserei, Kayseri to Istanbul, Instanbul to Muscat and Muscat to Bangalore.  The complainant was aware of these booking on 21^st April 2019.  Therefore, complainant is not right in saying that the OPs could have booked flight directly from Bombay to Istanbul.  But, no such request is made either by the complainant or other passengers to booked direct flight from Bombay to Istanbul.
10. The initial burden lies on the complainant to prove the deficiency of service on the part of OPs.  The complainant asserts the following grievance in para 7 to 19 of his complaint and also reiterated the same in his affidavit evidence.  The relevant grievance of the complainant at para 7 to 9 of his complaint read thus:-

Para 7 - It is submitted that 29^th April 2019 being the Day 01, was arrival in Istanbul.  As per plan it was istikal street tour.  It is submitted that the Departure from Bangalore was around 11 PM, with intermediate halt at Muscat for change over flight.  The complainant was surprise to know OPs poor management on the Day one itself, due to lack of documentation on the part of OP two members were deported back to India which resulted in delay of 2Hrs at the airport of Istanbul Airport for no fault on the part of complainant and his family, and further due to non-availability of representatives or guide on the part of OP’s there was further delay in reaching Hotel and no information was available as to what to do after landing at Istanbul. Due to no guidance from the OPs the three members of the same tour reached hotel on their own which is 50 km away.  Complainant reached hotel only around 2300 hrs local time followed by dinner at nearby restaurant and slept at 0030 Hrs for early morning departure at 0430 hrs.  It is submitted that the said delay resulted in No time for Istikal street tour and Day 01 was wasted only in travel/waiting at Airport resulting in extreme fatigue to the complainant and his family.  It is submitted that this situation could have been avoided if direct flight from Mumbai to Istanbul was availed by OP.

Para 8 - The stay at Day 1 was at “Hotel Taxim Express” with very poor arrangements and OPs provided a smaller room with roll on beds at the said Hotel, the said act on the part of OP was contrary to the promises made to the complainant as stated above, whereas on the contrary the two-member group was given a larger room by the OPs.  It is submitted that the complainant and his family were so tired and constrained to adjust and slept for 4 hours on the day one.

Para 9 - It is submitted that the Day 02 being 30^th April 2019 was Depart for Antalya.  It is submitted that after 3.00 hrs sleep with great difficulty as stated above at Hotel Taxim Express, the complainant and his family departed for airport.  OP rushed up the full tour of Antalya on day 2^nd itself with all team members fully tired of previous day hectic plan without adequate sleep. After tour, checked into hotel Holiday Inn Lara totally fatigued.  Though the hotel standard was satisfactory the said hotel did not provide a separate bed, in addition to being small beds, which was contrary to promises as given by the OP before proceeding on the tour and amounted to deficiency of service on the part of the OPs due to which again the complainant was made to suffer again and again.

Para 10 - It is submitted that the Day 03 being 1^st May 2019 was full day Pammukale Tour.  It is submitted that the Day 04 being 2^nd May 2019 was planned for full Day Antalya tour.  However it is submitted that No tour was planned, since all itinerary of day 4 was hurriedly completed on Day 2 itself, which is highly deficient on the part of OP and the OPs have not heeded the value of the money paid by the complainant.

Para 11 - It is submitted that the Day 05 being 3^rd May 2019 was Depart for Kayseri.  It is submitted that routing was via Istanbul for change of flights.  Complainant and his family reached Keyseri airport late evening of 3^rd May, 2019 and witnessed very poor arrangements at Keyseri Airport in terms of waiting at Airport and the standard of bus as stated earlier in detail along with photographs below.  It is submitted that stay was arranged at Hotel Wyndham Grand at Keyseri instead of promised place at Cappadocia.

Para 12 - It is submitted that complainant and his family were taken to surprise as the planned hotels by the OP was different from itinerary at Keyseri i.e. OP chose Wyndam Grand Hotel instead of Cappadocia, it is relevant to state that the OP vide Email dated 4^th April 2019 at 10.52 promised that “the hotel we use in Cappadocia is a Cave hotel – Burcu Kaya Hotel or similar” but to the utter surprise of the complainant and his family, the hotel chosen by the OP was not at Burcu Kaya hotel or similar hotel in Cappadocia but a 75 Kms away from Cappadocia which far from the place of visit.  Complainant further states that without keeping the interest of the tour members and without providing the proper information about the distance of 75 Kms, the OP have changed the said hotel Burcu Kaya and provided hotel at Keyseri only to the save costs and to gain wrongfully and causing inconvenience of complainant and his family, stay at Keyseri was never intended, such acts of the OP’s amounts to unfair and highly deficiency service, due to which the complainant suffered unnecessarily and also the complainant was compelled to spend additional 2 hrs journey one way on two days total extra 8 hours of journey on Day 6 and 7 (i.e. 04/05 May 2019), which could have been used in detailed site seeing accentuating the real objective of the tour, Email dated 04.04.2019 is produced as Document No.9.

Para 13 - It is the submitted that by not checking hotel ion Burcu Kaya or similar in Cappadocia, the complainant was deprived of enjoying the beauty and serenity of Cappadocia, it is submitted that the said hotel was one of the attraction promised by the OP as the same was a cave hotel as per the Email dated 4^th April 2019 sent by the OP to the complainant, the OP say one thing but in realty made complainant to waste precious time in travelling hence the OPs are liable.

Para 14 - It is submitted that the Day 06 (04 May 2019): was planned for CHANCE to take a breathtaking Hot Air Balloon ride over this mystical land.  Visit the Devrent Valley, Pasabaglari Valley (Monk’s Valley), Avanos (Red River), Goreme Open Air Museum (Rock Churches), View Point at Esentepe and Uchisar Castle Road, it is submitted that the said tedious Travel to and fro from Kesyeri to Cappadocia was arranged by the OP by bus and as stated above the same resulted into additional travel time of 04 Hrs every day, and this travel could have been avoided if the stay was arranged by the OPs at Cappadocia as per itinerary and Email communication as stated above.

Para 15 - It is submitted that the Day 07 being 5^th May 2019 was planned flight to Istanbul and visit Hippodrome, Blue Mosque, Topkapi Palace, Hagia Sophia Museum (from outside), Grand Bazaar.  It is submitted that complainant was checked out morning from Hotel at Keyseri.  Travel 2^nd day to Cappadocia by bus again.  Additional travel 2^nd day again for 4:00 hrs – poor planning and returned directly to Keyseri Airport for onward travel to Istanbul. Reached late night in Istanbul at the same hotel taxim Express with very poor hotel arrangements.  No city tour was conducted by the OPs at Istanbul as planned for the day in the itinerary.

Para 16 - It is submitted that Day one the complainant did not demand for a larger room as they stayed only for 4 hours and they were tired as stated above, but to the surprise of the complainant the OPs on Day 7 provided the same smaller room and it was impossible to stay in the said room, the complainant once again underwent tremendous mental agony and it was only after several calls and whatsapp messages to second OP, the complainant was shifted to a larger room only on day 7 in the said Taxim Express, to the utter surprise the complainant, OPs had with a malafide intention shifted the complainant and his family to a larger room knowing very well that the said larger room had was without AC and it was situated next to a busy road with heavy Traffic, with great difficulty the complainant and his family sustained their stay with windows open and without sleep due to said noisy traffic.  A video of the same is attached and produced before this Hon’ble Court along with the CD.  Further, the complainant was taken aback to know that the said Hotel was not at all upto any standard, the OPs intention was only to save money without bothering the well being of the complainant and his family.  The photographs of paper cups, broken fixtures, roll on beds etc., at said so called hotel Taxim Express are also produced to the above said effect, which reflects the mental agony underwent by the complainant and his family.  The conduct of OP was highly deficient said video CD and photographs of sub standard amenities along with entire whatsapp messages with the OP No.2 are produced as document No.10 series.

Para 17 - It is submitted that Hilton Hotel which was right opposite and was having a lot of vacant rooms as checked by the complainant, and intention to shift was also conveyed to the OP, but the same was denied by the OPs.

Para 18 - It is submitted that the Day 8 being 6^th May 2019 was planned for full day Bosphorus tour visiting Dolma Bahce, Yildiz Garden, Spice Bazaar, City walls, Golden Horn views, Spice bazaar, Rumeli fort view from Boat, Bosphours cruise ride.  It is submitted that the city tour distributed between 06/07 May.

Para 19 - It is submitted that the Day 09 being 7^th May 2019, the complainant checked out of said hotel Taxim Express in the morning itself for tour, despite of the fact that the flight was at past midnight.  It is submitted that the OPs made complainant and his family to wait at hotel lounge till night since flight was planned a midnight, and OPs utterly failed and neglected to make any arrangements in retaining the rooms for those travelling late night, this conduct of the OPs made life of the complainants miserable.

11. It is also relevant to refer the journey mode and what are the facilities agreed to be provided by OPs at relevant time.  This tour programme can be ascertained from Ex.A.6 and Ex.A.7.  The relevant to refer Ex.A.6 and Ex.A.7 which read thus:-

Annexure – A 6 :

SUGGESTED ITINERARY DAY 01 –

Welcome aboard Thomas Cook’s “Turkish Extravaganza tour”, arrive in Istnabul, enjoy Istikal street tour.

Bon voyagel today, you are off to for your exciting tour of Turkey.  Embark on your flight to Istanbul upon arrival at Istanbul, you will be greeted by your friendly and experienced Thomas Cook Tour Manager/Local representative outside the baggage hall.  Proceed to you hotel and check in.  Enjoy Istikal street tour with dinner at Kebab House or similar restaurant.  Check into your hotel.  Overnight at Taksim Express hotel or similar in Istanbul. (D).

DAY 02 – Depart for Antalya –

After American breakfast at your hotel, proceed to the airport for your flight to Antalya.  Arrive at Antalya and check in the hotel. Enjoy local dinner.

Overnight at Best Western Khan Plus Hotel Antalya or similar in Antalya. (B,D).

DAY 03 – Full Day Pammukale Tour –

After American breakfast at your hotel, proceed for tour of Pammukale.  Arrive into Pammukale located 20 kilometers from the town of Denlzli in the Aegean region of Turkey, Pamukkale is one of the most interest places in the world, justly famous not only for the entrancing beauty of its unique geological formations but also for its historical remains.  Enjoy local lunch at Turkish Restaurant.  The calcium oxide-rich waters flowing down the southern slope of Caldag located north of the ruins have, over the millennia, built up deposits of white travertine on the plateau thus fully justifying both the site’s ancient name of Hierapolis (Holy city) and its modem one of Pamukkale (Cotton castle).  Enjoy local dinner.  Overnight at best Western Kahn Plus Hotel Antalya or similar in Antalya. (B,L,D)./

DAY 04 – Full day Antalya tour –

After American breakfast at your hotel, proceed for tour of Antalya. All the streams of the region aim at finding their way into the Mediterranean and they pour down the slopes of the Taurus, sometimes overland sometimes underground and reaching their destination, result in lovely waterfalls, of which there are more than twenty.  Enjoy local lunch at Turkish Restaurant.  The loveliest of these are the Duden Falls, 15 km, north to Antalya, the Kursunlu Falls 18 km, along the Antalya-Alanya highway.  Karpuzkaldiran waterfalls is the highest as it is approx. 30 meters high and the water gushes down onto the massive rocks with great force.  Enjoy local dinner.  Overnight at Best Western Khan Plus Hotel Antalya or similar in Antalya. (B,L,D).

DAY 05 – Depart for Kayseri –

After American breakfast at your hotel, proceed to the airport for your flight to Kayseri.  Later proceed to Cappadocia and then check in.  Post your local lunch at the hotel we take you for a quick panoramic city tour of Cappadocia to get a feel of this amazing destination.  Enjoy local Dinner tonight.  Overnight at Hotel Burcu Kaya hotel or similar in Cappadocia (B,L,D).

DAY 06 – Chance to take a breathtaking Hot Air Ballon ride over this mystical land. Visit the Devrent Valley, Pasabaglari Valley (Monk’s Valley), Avanos (Red River), Goreme Open Air Museum (Rock Churches), View point at Esentepe and Uchisar Castle Road –

Morning you have a chance to take a mystical hot air balloon ride.  Discover Cappadocia from the air on this early morning 1 hour hot air balloon ride.  Pick up time: 4.00 am – drop off time : 7.00 AM (Approx) Travel to the launch site in an air-conditioned minivan, and climb aboard for your scenic flight.  Then, it’s up, up and away over the lunar-like chimneys, spires, pinnacles and valleys, all made extra magical by the soft morning light. Ogle the views, spot cave houses and villages, and capture the panoramas on camera as your pilot points out places of interest. Finally, float gently back to earth and collect a special souvenir certificate of your flight.  Breakfast at the hotel and then we proceed for a full day tour of the many sights and sounds of Cappadocia.  First we visit the Devrent Valley and walk through the beautiful and colourful formations and rock formations in the valley and through the fairy chimneys valley.  Next we proceed to Pasabaglari Valley (Monk’s valley) and enjoy the view of the most beautiful mushroom shaped roofs of the region admiring old churches and monasteries.  Local lunch today will be provided.  Post lucnh we Tour Avanos town near the red river to watch production of beautiful Turkish pottery this underground place was a heritage given to the Turkish by Hattite people.  Next the highlight of the day i.e. Goreme Open Air Museum (Rock Churches) and here we visit the Byzantine rock carved orthodox churches, wall plaintings and frescos dating back to the 8^th century.  It is possible to see geometrical wall paintings from Iconoclastic period.  Next we visit the photo stop at Esentepe to relax and take pictures at one of the most stunning areas of Cappadocia.  We will end the day at Uchisar and we will drive from below the castle of Uchisar, the rock formations and pigeon shelters before heading back to the hotel. Enjoy local dinner tonight. Overnight at Hotel Burcu Kaya hotel or similar in Cappadocia (B,L,D).

DAY 07 – Flight to Istanbul. Visit Hippodrome, Blue Mosque, Topkapi Palace, Hagia Sophia Musuem (from outside), Grand Bazaar –

Today after breakfast at the hotel, take a flight to Istanbul.  Pickup by your coach at Istnabul and visit Blue Mosque, standing directly opposite the Hagla Sophia the Blue Mosque is one of the most beautiful mosques in the world.  Famous for its Iznik tiels this Turkish jewel is a must-see for everyone visiting Turkey.  Next we proceed to the Hippodrome (Serpent Column, Obelisk of Theodoslus and German Fountain to Wilhelm): Visit the square once used as a sporting arena predating Constantinople itself.  Though a few fragments of the original structure survive, the square still boasts some of the most glorious monuments built in this great city.  The Serpent Column, Obelisk of Theodosius and German Fountain  of Wilhelm are the ancient treasurers to be seen.  Today’s lunch is at one of the most authentic Turkish Kofte restaurants. Next we Topkapi Palace which is the grand palace that served as a residence to the Sultans for over 400 years.  A must – see attraction in Turkey, the museum carries some of the most revered treasures in Islamic history including items belonging to the Prophet Mohammad.  It also displays a magnificent collection of jewels, different weaponry, clothing and calligraphy.  Harem not included evening we visit the Grand covered bazaar – In this labyrinth of streets and passages are more than 4,000 shops with each trade having its own area the goldsmiths’ street, the carpet sellers, Turkish arts and crafts, such as hand painted ceramic plates, hand-honed copperware, brassware and trays, water ewers, onyx-ware and meerschaum pipes.  Enjoy a delicious dinner at a local Indian restaurant. Overnight at Taksim Express Hotel or similar in Istanbul (B,L,D).

DAY 08 – Full day Bosphorus tour visiting Doima Bahce, Yildiz Garden, Spice Bazaar, City walls, Golden Horn views, Spice Bazaar, Rumeli fort view from Boat, Bosphours cruise ride –

Today after breakfast at the hotel, start with the full day Bosphorus tour.  We start with the Dilmabahce.  Palace which was the last residence for Ottoman Sultans with 365 rooms and 22 saloons. Famous with the great collection of European antiquity, furniture and 4.5 tons chandeller.  Next visit Yildiz Royal Garden a historical, urban park in Besiktas district of Istanbul, Turkey. It is one of the largest public parks in Istanbul.  The park is located in Yildiz quarter between the palaces of Yildiz and Ciragan.  Yildiz Park was once part of the mperial garden of Yildiz Palace.  Extending down the slopes from the palace, this walled park was reserved only for palace dwellers during the reign of Sultan Abdulhami ll. Local lunch will be provided today, visit the city walls next – The first breach of the walls was by the Fourth Crusade in 1204, the second by the cannons and troops of Sultan Mehmet the Conqueror in 1453. Next we drive by Bus to the Golden Horn as natural and extremely secure harbor, the Golden Horn has played an important role in the development of Istanbul.  The inlet separates the European shore into two.  It is approximately 8 km long, and the widest part is the entrance from the Bosphorus.  Two streams drain into this inlet at its far end.  Free time at Spice Bazaar (Egyptian Bazaar) – The air here is filled with the enticing aromas of cinnamon, caraway, saffron, mint, thyme and every other conceivable herb and spice.  Lastly we take the Boat trip on the Bosphorus which is a traditional excursion by boat along the waterway separating Europe and Asia.  The shore is lined with old wooden villas, palaces of marble, fortresses, and small fishing villages.  During the excursion you will pass the magnificent Dolmabahce palace, and further along, the parks and imperial pavilions of Yildiz palace.  On the coastal edge of this park, is Ciragan Palace, 300 meters of is marble façade faces the shore.  At Ortakoy a great variety of artists gather every Sunday to display their work along the street.  Ortakoy is a symbol of tolerance with a church, a mosque and a synagogue existing side by side for centuries.  You will also see the Rumeli fortress (from the Sea, no interior visit): Built by Mehmet the Conquer in 1452 prior to the conquest of Istanbul, was completed in only four months to control and protect Bosphorus.  It is one of the most beautiful works of military architecture anywhere in the world. Enjoy a dinner at a local Indian restaurant.  Overnight at Taksim Express Hotel or similar in Istanbul (B,L,D).

DAY 09 – Time to say goodbye –

After breakfast, bid good-bye to all the friends you made on the Tour.  After checking out from the Hotel, proceed to the airport, where your memorable Thomas Cook tour of Turkey Extravaganza comes to an end. (B).

DAY 10 – Travel Day –

General Info: Currency used: (TRY) Turkish Lira.

Time Difference: 02 hours and 30 minutes behind IST.

Annexure – 7 – page Nos. 31 to 33:

Ticket details:

E-ticket WY 910-3430569933 for Mr.Dipak Mittapalli

E-ticket PC 624-3430569936 for Mr.Dipak Mittapalli

E-ticket PC 624-3430569939 for Mr.Dipak Mittapalli

General Information:

Have a nice flight

Ecological information:

Calculated average CO2 emission is 1,210.35 kg/person

Source: ICAO Carbon Emissions Calculator

Airline booking Reference(s):

PC (Pegasus Airlines): 1Y8B1M

WY (Oman Air) POZSXJ

Data Protection Notice: Your personal data will be processed in accordance with the applicable carrier’s privacy policy and, if your booking is made via a reservation system provider (GDS), with its privacy policy.  These are available at

12. We carefully perused the mails, the comparison of tour programme with facilities and grievance of the complainant.  Even though, complainant has produced some photographs of so called hotels under Document Nos.10, 13, Emails and under document Nos.11,12 and 14 and legal notice under document No.16.  The complainant make the grievance through E-mail and legal notice only after completion of tour programmes.  But, unfortunately, the complainant has not produced the photo of name of the hotel indicate name plate where he and his family members were forced to stay.  Ex.A.21 dated 07.05.2019 substantiate to completion of the tour.  When the complainant has taken so much interest in sending number of mails to the OPs.  But, complainant failed to produce photographs showing the name of hotels where OPs put complainant and his family members and caused inconvenience.  In the absence of such photographs, the complete theory set up by the complainant cannot be accepted.  But, photographs produced by the complainant indicate rooms were not neatly maintained and luggage were dumped in the vehicle.  Even though, complainant is able to prove little inconvenience which can be construed as a deficiency of service.  But, the complainant fails to make out a case for deficiency of service as pleaded in the complaint.  The claim of the complainant Rs.2,00,000/- as compensation with interest at 18% p.a. is exorbitant.   Even though, evidence produced by the complainant is not contraverted. It does not mean that complainant is entitled to Rs.2,00,000/- with 18% interest p.a.  The complainant has not lead any evidence to get compensation of Rs.2,00,000/-.  In the absence of such material evidence, we can only say that the complainant partly proves the deficiency of service and he is entitled to only Rs.50,000/- as compensation.  The complainant has engaged service of advocate. Therefore, the cost of litigation quantified at Rs.10,000/-.
13. Point No.3:- In view of the discussion referred above, the OPs are liable to pay compensation of Rs.50,000/- with cost of litigation Rs.10,000/-.  The complaint requires to be allowed in part.  We proceed to pass the following 

  O R D E R

1. The complaint is allowed in part.
2. The OPs are directed to pay Rs.50,000/- as compensation with Rs.10,000/- as cost of litigation to the complainant.  
3. The OPs shall comply this order within 60 days from this date. 
4. Furnish the copy of this order to both the parties.

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 9^th March, 2022)

Documents produced by the Complainant which are as follows:-

Documents produced by the OPs which are as follows:-