Complaint filed on: 24.08.2015

                                                      Disposed on: 26.04.2018

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

CC.No.1538/2015

DATED THIS THE 26^th APRIL OF 2018

PRESENT

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

PRESIDENT: SRI.S.L.PATIL

1.       This complaint has been filed by the complainant as against the opposite parties directing to pay Rs.1,26,000/-, to pay a sum of Rs.1,00,000/- towards the damages, to pay a sum of Rs.10,000/- towards the legal expenses.

2.       The brief facts of the case of the complainant are that OP No.1 is a travel agency running its business in the name and style of “Vibhav Travels” and the OP No.2 is the Managing Director of the OP No.1 and OP No.2 is liable for the day today affairs of the OP No.1. The Complainant submits that the OP No.1 is conducting the package tours to the different sectors of organizations, peoples and also for the school students and for the said purposes, the Opposite Parties have issued broachers to that effect.  The Complainant submits that in the said package tours, the OP No.1 is also giving service in booking the hotels rooms hiring of vehicles, at tour place for the purpose of pick up and drops.  The Complainant submits that he is running school in the name of ‘Sujana Convent’ having L.K.G. to X standards and more than 750 students are studying in the school of the Complainant and spreading the education in the locality and gained a good reputation I the society. Every year, being the part of the educational programme, he planned for an education tour to its students and looking for good and safe transport organization to conduct the tour to its students. At that time, the personnel of the Opposite Parties have approached the Complainant and explained its services and experience in the said aspect and assured that best service will be given if the service of the Opposite Parties have availed by the Complainant and as per the assurance given by the Opposite Parties, the Complainant agreed to avail the service of the OP No.1 and as per the negotiation, the Complainant agreed for the tour of ooty-coonor as per tour no.8 of the broachers issued by the Opposite Parties, which includes one night two days and the said package includes transportation, accommodation and sightseeing by mini bus and the price of the said package was Rs.1,04,000/-. The Complainant submits that as per the package agreed by him, a sum of Rs.75,000/- has been paid to the Opposite Parties on 14.11.2013 and the Opposite Parties have assured that only after payment of the full amount, the bill will be issued to the Complainant after completion of the tour.

3.       The Complainant submits that being satisfied with the assurance given by the Opposite Parties, he had availed the service of the OP No.1 and conducted the tour to its students and as per the assurance, the driver of the OP No.1 travels namely SriBabu had picked up the 45 students along with four teachers on 15.11.2013 at about 2 p.m. in vehicle KA-C, 6377 and reached Ooty in the morning at about 5 a.m. The Complainant submits that but the personnel of the OP No.1 had failed to arrange the hotel accommodation and made students and teachers to stay in the bus till 7 a.m. and thereafter rooms were arrange. On 16.11.2013, without arranging the mini bus as assured by the OP No.1 shown some places only on Ooty and Coonor and on 16.11.2013 students and teachers were stayed in the hotel by name ‘Queens Residency’. The Complainant submits that on 17.11.2013, when the students and teachers started to vacate the hotel rooms and at that time ‘Queens Residency’ Hotel management obstructed the students and teachers and directed them to pay the hotel charges amounting to Rs.25,000/- on the ground of non-payment of hotel charges by the OP No.1 and hotel management directed the teachers to make payment of hotel charges and threatened that till the payment of the hotel charges, they will not allow the students and teachers to leave the hotel and they were all forcibly confined in the corner of the hotel lounge by the hotel personnel. The Complainant submits that several attempts were made by the teachers to contact the driver and the personnel of the OP No.1 travels and failed in their attempt. The Complainant submits that from 9 a.m. to 12.30 p.m. the students and teachers were after hectic persuasion, the entire students and staff were allowed to leave the hotel management, the teachers were somehow managed to arrange the money and paid a sum of Rs.25,000/- to the Queens Residency Management towards hotel charges and vacated the hotel. The Complainant submits that even after 12.30 p.m., the driver of the OP No.1 has not arrived and not at all responded to the approach of the teachers and without let any alternative, students and teachers have arranged an alternative vehicle in Sri.Murugan Tours and Travels by paying Rs.26,000/- and reached Bengaluru. The Complainant submits that after reaching Bengaluru, he had tried to contact the personnel of the OP No.1 to complain about the conduct of the driver and also irregularities taken place during the package tour and also seeking the bill, for the payment of Rs.75,000/-. But even after several approach made by the Complainant, he could not able to contact the personnel of the OP No.1 and have not responded for approach of the Complainant.  The Complainant submits that even after repeated approach and remainders made by him, the Opposite Parties have not at all bothered for the same and the Opposite Parties have totally failed to even respond to the approach of the Complainant. Without left any alternative, the Complainant got issued a legal notice to the Opposite Party on 12.2.2014 to return the amount along with damages.

4.       The Complainant submits that for the wellbeing of the students, the Complainant has arranged the package tour on assurance of the Opposite Parties regarding their service. But the Opposite Parties have failed to keep up their promise and failed to render their best service to the Complainant as assured by them and the Complainant is a consumer and the Complainant has been deprived of the benefits assured by the Opposite Parties. The Complainant submits that there is defect, deficiency, imperfection, inadequacy, shortcoming and potency in the services rendered by the Opposite Parties. The Complainant submits that the package tour was not at all completed as per the assurance given by the Opposite Parties and there is total negligence and carelessness on the part of the Opposite Parties while handling the issue with package tour even after receipt of the huge amount and due to the same, the Complainant along with its students and teachers have put to injury, injustices, mental agony and damages. The Opposite Parties have intentionally and deliberately misled the Complainant with dishonest intention ad cheated the Complainant by making false assurance. The Complainant had put total loss of Rs.1,26,000/- which is inclusive of Rs.75,000/- paid to the OP No.1 on 14.11.2013, Rs.25,000/- paid to the Queens Residency and Rs.26,000/- to Sri.Murugan Tours and Travels for the alternative transport facility and also put to irreparable hardship and mental agony.  Hence, there is total negligence and carelessness on the part of the Opposite Parties. Hence, this complaint has been filed.  

5.       Notices were ordered to issue to the Opposite Parties. In response to it, the OP No.1 did appear through their counsel and filed the common version denying the allegations made by the Complainant.

6.       The Opposite Party has specially denied the allegations made against it with regard to the alleged deficiency of service. Further, the Opposite Parties submits that they are running the tours and travels and arranging tour packages of various places of India and having good reputation in Bangalore and they have been running the said business smoothly, good terms without any disturbances or blame from anybody till today. In this regard, the Complainant approached the Opposite Parties and requested to arrange a package trip to Ooty and Coonor and other places to the Complainant’s students. As per mutual negotiations between the Complainant and the Opposite Parties, the tour package is fixed at Rs.1,04,000/- i.e.vehicle arrangement, two days food, Tamil Nadu tax, toll charges, parking fee, driver and cleaner batta, hotel accommodation for one day and other incidental expenses. Accordingly, the Complainant has agreed for the said tour package and the Complainant has paid a sum of Rs.75,000/- towards advance and assured to pay the remaining amount of Rs.29,000/- at the time of end of the tour place. As per the mutually agreed terms, the Opposite Parties have provided all the facilities, bus arrangement, hotel accommodation, food arrangement, sightseeing arrangements. In this connection, the Opposite Parties have already spent a sum of Rs.88,500/- for the said tour programme i.e.Rs.24,500/- for food, Rs.24,000/- hotel accommodation, Rs.40,000/- for bus advance. As per the assurance of the Opposite Parties, the tour package was completed. At the time of end of the tour, at the instigation of a local lady in Ooty, the Complainant have refused to pay the balance amount of Rs.29,000/- to the Opposite Parties and further the Complainant have not at all Co-operated with the Opposite Parties driver for the return journey through Opposite Parties vehicle and the Complainant in order to escape from payment of balance amount without any cause or reason have threatened Opposite Parties driver and cleaner on one or the other reasons. The Opposite Parties driver with great difficulty return to Bangalore with empty vehicle. Due to the non-payment of balance amount by the Complainant, the Opposite Parties have been put to lot of inconvenience, loss, mental agony and injustice, as the Opposite Parties have already sustained loss of Rs.13,500/- along with return journey of empty vehicle from Ooty to Bangalore with driver and cleaner batta, tool charges, parking charges etc., in a sum of Rs.15,500/-, totally in a sum of Rs.29,000/-. Hence, the Complainant is liable to pay a sum of Rs.29,000/- along with damages of Rs.25,000/- for having caused mental agony, loss of business, loss of reputation, in total a sum of Rs.54,000/- to the Opposite Party by the Complainant. Due to the adamant attitude of the Complainant, the Opposite Parties have sustained huge loss, mental agony, hardship and loss of reputation. Hence, under the said circumstances, the Complainant is liable to pay a sum of Rs.54,000/- to the Opposite Parties. The Opposite Parties have not at all violated any of the terms and conditions of the tour package and the Opposite Parties have rendered services to the Complainant as per the agreed terms in good manner. On the other hand, the Complainant have caused great inconvenience, loss, mental agony and posing of threats, due to non-payment of balance amount and not Co-operated for the return journey. Therefore, the Opposite Parties are not at all liable to pay any amount as alleged in the complaint. The Complainant in order to escape from the liability have created a story and filed the above complaint for wrongful gain and therefore, the Complainant is liable to pay a sum of Rs.54,000/- i.e.of Rs.13,500/- for return journey of empty vehicle from Ooty to Bangalore, with driver and cleaner batta, tool charges, parking charges etc., in a sum of Rs.15,500/-, totally in a sum of Rs.29,000/-. Hence, the Complainant is liable to pay a sum of Rs.29,000/- along with damages of Rs.25,000/- for having caused mental agony, loss of business, loss of reputation, in total a sum of Rs.54,000/-. The Opposite Parties are reserves their right to necessary proceedings for recovery of this above said amount of Rs.54,000/- before the competent court of law at appropriate time. On these ground and other grounds prayed for dismissal of the complaint.    

          7.       The Complainant to substantiate his case filed his affidavit evidence and none of the documents got marked. On behalf of the Opposite Parties, Managing Director has filed his affidavit evidence and none of the documents got marked.

          8.       The Complainant as well as the Opposite Parties filed written arguments. We also heard learned counsel for the Complainant and the Opposite Parties.  

9.       The points that arise for our consideration are:

          1) Whether the complainant proves the deficiency in service on the 

              part of the OPs, if so, whether the Complainant is entitled for the

            relief sought for?

          2) What Order?

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

Point No.1 : Negative

Point No.2 : As per the final order for the following

REASONS

          11. POINT NO.1 : It is not in dispute with regard to the contents of the complaint at Para 3 and 4, the package tour issued by the Opposite Parties and the Complainant has opted for it and travelled in the vehicle No.KA-C, 6377. The dispute starts when the Complainant’s students and teachers started to vacate the hotel rooms in the ‘Queens Residency’ Hotel. The said hotel management obstructed the students and teachers and directed them to pay the hotel charges amounting to Rs.25,000/- on the ground of non-payment of hotel charges by the OP No.1 and hotel management. It is further say of the Complainant that anyhow they have managed to arrange the said money and paid an amount of Rs.25,000/- to the Queens Residency Hotel. Thereafter, the driver of the said vehicle of the Opposite Parties did not properly respond. Hence, they have arranged for an alternative vehicle in Sri.Murugan by paying Rs.26,000/- and reached Bangalore. In support of it, the Complainant has produced the receipt at Annexure B2. The say of the Opposite Party is quite different which is in the nature of counter claim as per the tour schedule, the Complainant has to pay an amount of Rs.1,04,000/- out of which only an amount of Rs.75,000/- has been paid and the remaining amount of Rs.29,000/- was not paid which can be seen at document No.1 in the list dt.14.1.2016. With regard to the alleged deficiency in service is concerned, the Complainant placed reliance on the letters written by the parents which are at page No.24 to 29. This matter is to be dispose for adopting summary procedure, in this context, we placed reliance on the said letters which appears to be stereo type, except changing the parents and students name. These letters appears to be got up documents just to suit the claim of the Complainant. Hence, much less reliance can be placed on these letters. Looking into the entire records, one thing is clear that on amount of Rs.29,000/- has not been paid by the Complainant to the Opposite Party. Even for assuming for a moment that an arrangement has been made to bring back the students and the teachers in an alternative vehicle from Sri.Murugan Tours and Travels, paid an amount of Rs.26,000/- for it which has to be deductible out of the balance amount of Rs.29,000/- to be paid to the Opposite Parties. Ongoing through the contention taken by the Opposite Parties, the Complainant has to pay an amount of Rs.54,000/-. For seeking this relief, the Opposite Parties have not paid any separate court fees. This case is in the nature of set-off and counter claim. In view of this matter, we come to the conclusion that there is no deficiency of service on the part of the Opposite Parties. Anyhow, in respect of the remaining amount of Rs.29,000/- is concerned, the Complainant has availed the private service for an amount of Rs.26,000/-. In view of this matter, the complaint filed by the Complainant is devoid of any merits and liable to be dismissed. Accordingly, we answered the Point No.1 in the negative.

          12.     POINT NO.2:In the result, we proceed to pass the following:

ORDER

The complaint filed by the Complainant is hereby dismissed.

Looking into the circumstances of the case, we direct both the parties to bear their own costs.

Supply free copy of this order to both the parties.

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the open forum on 26^th April 2018).

          1. Witness examined on behalf of the complainant/s by way of affidavit:

Lokesh R., Principal., who being the complainant was examined. 

Copies of Documents produced on behalf of Complainant/s:

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

Sri.H.C.Nagesh, , who being the Managing Director of Ops was examined.

Copies of Documents produced on behalf of OPs