V.Rama Rao,Occ:Organiser of M/S Balaji Travels ,R/O:H.No.B-10,Pavan Palace ,1st Floor TSR Complex ,Station Road ,Dwarakanagar,Vishakapatnam
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 5th day of October, 2010 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Smt.V.Vijaya Rekha, B.Sc. B.L. - Member 3. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.120/2009 Between: 1. K.Harinadha Babu, s/o.late Subba Rao, age: 63 years, occu: Business, r/o.Flat No.101A C.R.G. Paradise, Wyra Road, Khammam. 2. K.Nagaraja Kumari, w/o.K.Harinadha Babu, age: 56 years, occu: Household, r/o.Flat No.101A C.R.G. Paradise, Wyra Road, Khammam. Complainants. and V.Rama Rao, Age:50 years, occu: Organizer of M/s.Balaji Travels, r/o.H.No.B-10, Pavan Palace 1st floor, TSR complex, Station Road, Dwaraka nagar, Vishakhapatnam. Opposite party This C.C. is coming before us for final hearing, in the presence of Sri.M.Niranjan Reddy, Advocate for Complainants, and of Sri.M.Rama Murthy, Advocate for opposite party; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration, this Forum passed the following:- O R D E R (Per Sri R. Kiran Kumar, Member) This complaint is filed under section 12(A) of the Consumer Protection Act, 1986. The averments made in the complaint are that the complainants are the permanent residents of Khammam. The opposite party is organizing the pilgrimage tour packages in domestic and abroad India, to promote his business he made a vast publicity through C.Ds., Phone, Palmplates and Broachers. Having attracted with the said advertisement, the complainants have consulted the opposite party in order to visit Manasa Sarovaram Kailash Yatra, paid a sum of Rs.30,000/- on 3-6-2009 and a sum of Rs.1,18,000/- on 29-7-2009 at Khammam to the opposite party, through online A/c.No.0060005003535 of ICICI Bank, Khammam. After receipt of the said amount, the opposite party has fixed the tour programme and stated that in the entire trip he will accompany with the complainants, fixed the date of departure as on 26-6-2009, but that date was not materialized. On consultation, the opposite party informed the complainants that the visas were not made ready and the trip was postponed to 28-7-2009. It is submitted by the complainants that before the date as fixed by the opposite party, they went to Hyderabad and from there with the assistance of opposite party, they reached to Vijayawada and from there went to Banaras in the Chennai-Gaya express, at Banaras they spent for four days and subsequently they went to Khatmad via Gorakhpur on 3-8-2009. When they demanded the assistant of opposite party, informed that opposite party went to get Visas, but even after completion of Mukthinath trip also he has not reached them and not even contracted over phone. On 14-8-2009 one Mr.Indra, who is Nepal Agent of Green Hills Tours and Trucks and Expedition Pvt. Ltd., conducted meeting and intimated to the complainants that he is not allowing the complainants, as the opposite party did not pay the amount. On 15-8-2009 the said Indra again came to the complainants and informed that again he is allowing them as he contacted the opposite party, believing the version of the said person, they joined in the trip of Maanasa Sarovaram, but the said Indra has not allowed them for Prakramana and informed that there is no visa time and including the complainants and other piligrims in Chinna in Nyalam village were kept under house arrest as no amount was paid by the opposite party. By that time itself, the complainants passports bearing Nos.Z0174489 and Z0174480 and other pilgrims passports are along with the said Indra. Subsequently as there is no visa time the complainants and others paid amount as there is no visa time the complainants and others paid amount personally from their pockets and came to Khatmandu and subsequently with the help of Indian Ambassador, A.K.Rao, they came to India with their personal expenditure. Except Rs.30,000/- spent by the opposite party or Mukthanath, all the remaining amount of Rs.1,54,000/- was spent by the complainants from their own pockets. The original passports of the complainants and other pilgrims were collected at Tibet Friendship Bridge. Due to the deficiency of service of opposite party the complainants sustained monetary loss and also suffered mentally. Hence, the complaint. Along with the complaint, complainant No.1 filed his affidavit by reiterating the contents of the complaint and also filed the following documents. Ex.A.1 - Photocopy of pay in slips Nos.2, each for Rs.1,18,000/- and for Rs.30,000/-. Ex.A.2 - Tentative tour programme of Sri Manasasarovaram Kailash yatra Ex.A.3 - Broucher of the opposite party travels. On receipt of the notice, opposite party appeared through his counsel. Inspite of giving several adjournments, they failed to file counter. Upon perusing the material placed therein, now the points that arose for consideration are, 1. Whether the complainant is entitled for the claim as prayed for? 2. To what relief? Point No.1: In this case having attracted with the vast publicity made by the opposite party, the complainants approached the opposite party in order to visit Manasa Sarovaram Kailasa Yatra and paid a sum of Rs.30,000/- on 3-6-2009 and Rs.1,18,000/- on 29-7-2009 through online A/c.No.006005003535 of ICICI Bank, Khammam and the same was received by the opposite party. As per the tour programme fixed by the opposite party the date of departure is 26-6-2009, the same was not materialized. On consultation, the opposite party informed the complainant that visas were not ready and the trip was postponed to 28-7-2009. In the trip the complainant demanded the personal attendance of opposite party, assistant of opposite party informed that the opposite party went to get visas for their trip. Even after Mukthinath trip also, the opposite party did not reach them. On 14-8-2009 one Mr.Indra who is agent of Green Hills Tours and Trucks and Expedition Pvt. Ltd., came to the complainants and intimated that he is not allowing them as the opposite party did not pay the amount, on 15-8-2009 again the said person informed that he allowing the complainants as he contacted with the opposite party. The said Indra allowed the complainants to Manasa sarovaram yatra, but they were not allowed for Parikramana, as there is no visa time. At that time the complainants requested the said Indra, there is no parikramana, it cannot be the full fledged pilgrimage trip for Manasa Sarovaram. He forced all the pilgrims including the complainants, and kept them in China in Nyalam village and informed that they are under house arrest, as no amount was paid by the opposite party to him, the said Indra collected passports of the pilgrims including the complainants bearing Nos. Z0174489 and Z0174480 and kept with him. For the above incidents, the complainants felt shock and dangerous atmosphere. As there is no visa time the complainants and other pilgrims paid amount personally from their pockets, came to Katmandu and subsequently with the help of Indian Ambassador A.K.Rao, came to India. The complainants spent the entire amount from their pockets, except Rs.30,000/- for Mukthinath yatra. The complainants filed Exs.A.1 to A.3 to support their case. They failed to file documentary evidence for the actual expenditure incurred by them and failed to explain the monetary loss and mental agony suffurred by them. The opposite party appeared through his counsel but failed to file counter. In the above circumstances, it is just and proper to award an amount of Rs.1,18,000/- for the expenses incurred by the complainant Point No.2: In the result, the complaint is allowed in part, directing the opposite party to pay an amount of Rs.1,18,000/- for the expenses incurred by the complainant, Rs.30,000/- towards pain and sufferance and Rs.2,000/- towards costs of the litigation, within a period of one month from the date of this order, failing which, the awarded amount shall carry interest at 9% P.A. from the date of this order, till the date of realization and also directed the opposite party to return the passports Nos.Z0174489 and Z0174480 to the complainants. Dictated to steno, corrected and pronounced by us in the open forum on this 5th day of October, 2010. PRESIDENT MEMBER MEMBER DISTRICT CONSUMERS FORUM, KHAMMAM APPENDIX OF EVIDENCE Witnesses examined for complainant: -None- Witnesses examined for opposite parties: -None- Exhibits marked for complainant: Ex.A.1 - Photocopy of pay in slips Nos.2, each for Rs.1,18,000/- and for Rs.30,000/-. Ex.A.2 - Tentative tour programme of Sri Manasasarovaram Kailash yatra Ex.A.3 - Broucher of the opposite party travels. Exhibits marked for opposite parties: -None- PRESIDENT MEMBER MEMBER DISTRICT CONSUMERS FORUM, KHAMMAM
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