It is an
admitted fact that appellants have paid huge amount Rs.1,59,445/- for
the tour from Kolkata to Kolkata. It is also an admitted fact that
respondent could not make available the hotel which were promised by
the respondent while declared the tour package. It is also seen from the
record and contentions of the appellant that they were constrained to
stay at hotels which were not of best quality. It is also an admitted fact
that appellants were constrained to borne the expenses which were not
anticipated. In our view, when a person with family went on tour, his
aim is to achieve the highest happiness and satisfaction. With view to
avoid the inconvenience in the tour people used to book the services of
travel agencies. It is therefore obligatory on the part of travel agency to
give the best service. But in this matter it is seen that appellant really
suffered mental agony though they booked services of travel agency i.e.
respondent. Respondent did not file the affidavit of tour manager or
tour leader to substantiate their stand. It is therefore seen that
appellants have suffered mental agony due to inefficiency and
deficiency in service on the part of respondent. While granting the
compensation District Forum did not appreciate the fact. In our view,
the appellants suffered mental agony and therefore Rs.10,000/- to each
appellant are required to be granted for their suffering.
MAHARASTHRA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION, MUMBAI, CIRCUIT BENCH
AT AURANGABAD
Date of filing: 15.01.2010
Date of Order: 08.08.2014
FIRST APPEAL NO. 37 OF 2010
IN COMPLAINT CASE NO. 213 OF 2009
DISTRICT CONSUMER FORUM: AURANGABAD
Pradhyumna s/o. Abhimanyu Shah
VERSUS
M/s. Kesari Tours Private Limited;
Coram : Shri. S.M. Shembole, Hon`ble Presiding Judicial Member
Mrs. Uma S.Bora, Hon`ble Member
(Delivered on 8th August, 2014)
1.
Pradyumna
herein/original
Abhimanyu
complainant
Shah
preferred
and
this
others
appeal
appellants
claiming
enhancement of compensation granted by District Forum Aurangabad
partly allowing the consumer complaint no.213/20009.
2.
Facts in nutshell are as under:
Appellants had booking with the respondent M/s. Kesari Tours
Pvt. Ltd., and Shri. Vyankatesh Tours & Travels Aurangabad for the
trip of Darjiling and Gangtok. For the said tour complainant had
deposited Rs.1,59,445/-. Said was package tour. In the said package
traveling from Kolkata to Kolkata, lodging and all meals were included.
Said tour was of eleven days. While the complainant reached at
Kolkata no representative of Tour Company was available at Railway
Station to receive them. Therefore they themselves were constrained to
go to Hotel by availing taxi. In fact, hotel Windey was booked for the
travelers as per contention of respondent. But said hotel was not made
available to the complainants. Some other hotel was made available to
appellants where they constrained to face various problems like
shortage of water, inferior quality of meals etc. On 24.05.2009 tour was
proceeded to Gangtok. Their also as per tour report Orange Village
Resort was to be given to all the tourists. But in fact appellants were
asked to go to hotel Tashi-the-lake. Said hotel was also was not of best
quality. As appellant no.1 was senior citizen they requested the
Manager of Tour to make available rooms on ground floor. But said
request also not responded by the tour Manager. On 27.05.2008 they
reached to Darjiling, there also appellants were asked to stay in Tibet
Home instead of hotel Vice Roy. Therefore appellants were
constrained to take meals by incurring the expenses for the same. Even
they could not get another good hotel as there was rush. Though
respondent promised to make available lodging boarding and traveling,
but many time appellants suffered mental agony. Thereafter appellants
left the tour and were required to spent more amount for their lodging-
boarding and traveling purpose. Therefore complainant approached to
District Forum Aurangabad claiming Rs.320/- which were paid by
appellant for hiring taxi, Rs.1500/- for staying at hotel Limcy,
Rs.12345/- hotel charges at hotel Tibet Home, Rs.10500/- for food
charges, lunch, breakfast etc, Rs.15,000/- for the taxi charges and
refund of amount Rs.1,59,545/- with interest @ 18% p.a. till realization
and Rs.10,000/- for mental agony to each of the appellant.
3.
Respondent appeared before Forum and resisted the complaint
in toto. It is submitted by respondent at the outset that, District Forum,
Aurangabad has no jurisdiction because as per terms and conditions of
the agreement between the parties only court at Mumbai have
jurisdiction to try and decide the said matters. The tour leader Shri.
4
Kunal Bagul submitted that their travel agency is well reputed company
in the world. Therefore the contention of appellants that service were
not given as per the standard cannot be accepted. As during the
summer season there was rush at the tourist places, they could not
make available same hotel though it was decided as per package. In
fact, appellants themselves willingly left the tour in between. Therefore
there is no deficiency in service on their part and they cannot be held
liable.
4.
After hearing both the parties District Forum partly allowed the
complaint and directed the respondent to pay Rs.25,000/- for
compensation, Rs.2000/- for the cost of the complaint.
5.
Dissatisfied with the said judgment and order the original
opponent came in appeal.
6.
Adv. Shri. Jayant Chitnis appeared for appellants. Adv. Shri.
Satish Prabhu appeared for respondent. It is submitted by Adv. Chitnis
that though it is submitted by respondent that they are well reputed
travel agency, they failed to provide services upto the mark. Therefore
appellants were constrained to suffer mental agony. It is further
submitted by Adv. Chitnis that all appellants are middle class persons
and as their son was studding SSC and HSC they could not make the
tour and therefore with a view to get happiness all family together went
on tour. No person will himself destroy or damage his happiness by
spending huge amount. In fact, the travel agency deliberately harassed
the appellant as they are belonging to Marathwada region. But District
Forum while considering the complaint did not consider the
harassment and mental agony suffered by appellants. Appellants were
constrained to spend huge amount in addition to amount paid to the
travel agency. Therefore Forum ought to have granted more
compensation.
7.
Adv. Shri. Satish Prabhu submitted that respondent travel agency
is well reputed company and they every time provided the services best
to their level. As there was summer season they could not make
available the hotels which were decided to make available as per their
tour package. As the situation was beyond the control of the
respondent appellants suffered some mental agony. But it cannot be
said that respondents are liable for deficiency in service, hence appeal
be dismissed.
8.
We thus heard both the parties and perused the record. It is an
admitted fact that appellants have paid huge amount Rs.1,59,445/- for
the tour from Kolkata to Kolkata. It is also an admitted fact that
respondent could not make available the hotel which were promised by
the respondent while declared the tour package. It is also seen from the
record and contentions of the appellant that they were constrained to
stay at hotels which were not of best quality. It is also an admitted fact
that appellants were constrained to borne the expenses which were not
anticipated. In our view, when a person with family went on tour, his
aim is to achieve the highest happiness and satisfaction. With view to
avoid the inconvenience in the tour people used to book the services of
travel agencies. It is therefore obligatory on the part of travel agency to
give the best service. But in this matter it is seen that appellant really
suffered mental agony though they booked services of travel agency i.e.
6
respondent. Respondent did not file the affidavit of tour manager or
tour leader to substantiate their stand. It is therefore seen that
appellants have suffered mental agony due to inefficiency and
deficiency in service on the part of respondent. While granting the
compensation District Forum did not appreciate the fact. In our view,
the appellants suffered mental agony and therefore Rs.10,000/- to each
appellant are required to be granted for their suffering. Accordingly we
pass the following order.
-:: ORDER ::-
1. Appeal is partly allowed.
2. Respondents are directed to pay Rs.70,000/- in
all for compensation to the appellants.
3. No order as to cost.
(Mrs. Uma S. Bora)
Member
Kalyankar
(S.M. Shembole)
Presiding Judicial Member
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