I booked kerala tour for my old parents (Age 75 (M) and heart patient and age 70 (F) knee arthrities) to fulfill their dream of houseboat in backwaters, through M/s PEARLS TOURISM LTD, DELHI. However to my shock, it was a harassment and trouble for them. In Munnar they were held at Abad hotel for 2 1/2 hours since the company had not paid money and so the hotel held my parents till they left on my father's guarantee. At Allepey there was no houseboat and my parents were standing on the jetty for 7 hours trying to figure out and waiting as directed by the company reps. Since houseboat and night stay in that did not materialise, they were left on their own to search and pay for hotel for night stay.It has been a nightmare for old people who have dreaded the moments during the so planned holiday and have become more afraid to go on their own for any holiday for rest of life. It is devastating.

The company has smartly kept quiet on this issue and not bothered since prior to the tour they took the complete money of Rs 39000/-.

I don't know what to do now.

Bhupesh (+919717103278)

Hello Bhupesh,

Kindly post your full contact details, Tour operator details, tour detaisl ( Scanned copy if possible) and the hotels bill details so that we can guide you accordingly.

How to post you the details. Can you give me some e-mail id so that I can send the scaned copies or postal address so thatcan mail you.

Tanks.

BHupesh

BA/1 17 Feb 10

The Consumer Court Forum,

FRAUD/ CHEATING SENIOR CITIZEN ON KERALA PACKAGE
Dear Sir,

1.I am writing this letter to you with a request for taking necessary action against M/s Pearls Tourism Limited, B-1401, 14th Floor, Statesman House, 148-Barakhamba Road, Connaught Place, New Delhi – 01 (Ph : 43565000, 43538906), with regard to fraud/ cheating my old parents on a paid and planned itenary for Kerala tour, as per Enclosure 1.

Introduction

2.My parents (Mr H.D Aneja, Father age 75 years and Mrs Ramesh Aneja, Mother 70 years) has for long desired to go to Kerala for its popular backwaters on a houseboat. Considering their age and medical problems, I put in lot of efforts in customizing a package for them with primarily emphasis on their comfort and focusing on backwaters on a houseboat. I could have planned their trip for the backwaters by taking help of my Indian Naval contacts at the Naval Base, Kochi, but I intentionally did not do so since I wanted the tour to be “Hassle Free” and “Memorable Holiday” even though it would cost more. Considering, I searched for a tour company in Delhi from the advertisements in the newspaper.

3.I came across this company, M/s Pearls Tourism, in the ad in the newspaper which had credentials of being recognized by the Ministry of Tourism, IATA, IATO and TAAI. Being a government servant myself I have full faith in these credentials and, therefore, finalized a customised tour package of Kerala for my old parents.

4.Whilst customizing the Kerala tour package with the company and with information on the internet/ from friends, I was apprised that the backwaters on a houseboat is one day affair and since going from Delhi works out to be a costly proposition, it is better to do other tourist places like Munnar, Thekkady and Kovallam along with in the tour. Accordingly, the tour itenary was finalized at a total cost of Rs 39000/-. Copy of the payment receipts, prior to commencement of tour as per the demand, is placed at Enclosure 2.

5.Problem at Munnar. As per itenary, the stay of my parents on 06 and 07 Feb 10 was at Hotel Abad in Munnar. While checking out the hotel at 0900 hrs on 08 Feb 10, they were held by the hotel staff for payment since they had not received any payment from the Company. My father explained a lot to the hotel staff and tried contacting the Company at Delhi, who took the call only after 1030 hrs, but the matter could not be sorted. It was very embarrassing for old people to be confronted in the hotel lobby reception area with other people listening over the payment issue. This went on for 2 ½ hrs until my father gave a commitment to the hotel manager with his visiting card that in case there is non payment, the case can be taken to the police and he can be called. On that assurance, they were left at around 1200 hrs for their onward journey to Thekkady. By the time they reached Thekkady for the planned itenary it was evening and they could not do the planned activities.

6.Problem at Allepey. As per itenary, my parents were taken in the company organised car to Alleppey for transfer to the houseboat for backwaters tour. However, on reaching at 1200 hrs they found that there was no houseboat. With there luggage on the jetty they kept waiting thinking the boat will come and asked local people. At around 1330 hrs, after constantly trying the company representative on roaming phone, he was told that the boat is in the waters near to some other jetty and they should come there. The car driver told to my father that the place told is about 50 kms by road and only 18 kms by water and will take around 3 hrs by road. With this information my father again spoke to the company representative, who put my father on hold for getting contacted to the houseboat manager. By around 1530 hrs, the company rep told that they should wait as the houseboat is coming back. On instructions, my parents waited in vain without any meal but there was no sign of houseboat.

7.Intervention of Tourist Police. At around 1730 hrs, tourism police approached my parents who were standing since 1200 hrs with luggage. The tourist police told that they were securing for the day and were curious to see two old North Indian people standing with luggage for the last 6 hrs. On listening to my father, the tourist police contacted the company rep and the houseboat manager, who made there presence at the police station by 1800 hrs. The tourist police told to my father that after sunset the boats are not allowed in the backwaters and also if some action has to be taken against the houseboat manager then it will require presence of my parents in Kochi at the time of hearing in the Court. They suggested that a refund be taken. The houseboat manager happily stated that it costs Rs 4500/- and gave the cash to my parents. At that point of time, in a harassed state and with the available inputs, my parents agreed to Tourist Police recommendations.

8.Night Stay Problem. By late evening, numerous discussions happened over phone between self, company at Delhi and parents at Kochi. At around 1900 hrs, the “Not Bothered” attitude of the company, I got worried about the night stay of my parents which as per the itenary was also on the houseboat. I requested my father to try to stay at the houseboat for the night since with language problem and being in a harassed state with no help from the company it will be difficult to find a safe shelter. The houseboat agreed for the night stay but on return of the money of Rs 4500/-. My father returned and carried the luggage to stay for the night at the houseboat. However, after entering the houseboat the owner of the boat shouted in Malyalam language to the manager and refused. Thus, my parents were forced to leave the houseboat with the luggage. They again went to the tourist police, who were leaving at that time. At this point of time, they were again recommended to take money and stay in any hotel for night.

9.Self Paid Stay at Alleppey. By this time I had no contact with my father as the mobile battery charge was over, talking for long time since afternoon. My parents went around at around 2000 hrs in Alleppey and searched for themselves a decent hotel and paid from there pocket for the night stay.

10.Reply of Company. It is shocking that despite the company knowing the problem and self sending e-mails and fax on this issue on 10 Feb 10, the company has preferred to keep SILENCE. On 17 Feb 10, in a mail reply, the company has given a false reply stating that my parents were not interested in availing the houseboat facility and they asked for the refund. Also, the company has enclosed copy of the patment made to Abad Hotels which has been cleared on 08 Feb 10. Thus, it proves that when my parents wanted to leave the hotel at 0900 hrs on 08 Feb 10 the hotel had not received the payment and so they were held back. Copy placed at Enclosure 3.

11.Refund, Compensation and Disciplinary Action. Considering the above, I kindly request you for the following: -

(a)Refund for the houseboat which costs around Rs 7500/- and not Rs 4500/- as told by the houseboat manager. This can be found from the internet for Deluxe AC houseboat and was told verbally by Mr Balram, the company rep whilst we were finalizing the itenary.
(b)Compensation of Rs 40,000/- for the agony, harassment and shock caused to old people, who will now never dare to travel on their own; for loss of time for the Thekkady tour, due to being held by the Abad hotel staff at Munnar; and for non-fulfillment of the backwaters experience on the houseboat, on which the whole tour was planned at the first place.


Note - Please let me know how to send the other Enclosures as I am not able to send attachment more than 19kb on your website.

Regards.

Bhupesh

Contact Address: -

Mr H.D. Aneja
E-335, Second Floor,
Greater Kailash Part –II,
New Delhi – 110048
Ph: 011- 2922 5335/ 9810969982
Cdr Bhupesh Aneja
126, D-II Flats,
Kaka Nagar, Dr Zakir Hussein Marg,
New Delhi – 110003
Ph : 011-24354290/ 9717103278

Hello Bhupesh,


We have gone through your complaint and suggest you to send a written notice to the M/s Pearls Tourism Limited via registered post ( keep one copy with you, this may help if you need to knock the consumer forum ) , attach all the photocopy of relevant document like hotel bills, travel package details, etc, and ask them for the refund + damages accordingly within the mentioned time in the notice.

The following judgment may help you:

Promised facilitates not provided by tour operator -- Deficiency in services.
[ Cox and kings India Ltd V. Shaila P.B. D'souza 2004 (IV) CPJ 11 : 2004 (2) CPR 644: 2004 (3) CLT 113 (Mah)

Visit: Notice before filing consumer complaint for notice reference.

Wait for their response and revert us back.

Thanks a lot for the reply.

On the next day of incident itself I had sent complaint to the company by email and I have a copy. Thereafter within 2 days I faxed the complaint. I also wrote emails to IATA. In reply to IATA and a copy to me, the compant has replied as mentioned in my complaint above.

As told by you I will also send complaint by registered post. I have sent it to Ministry of Tourism.

Mr Sidhant asked me to send the scanned copies.I am not able to load it due to space restriction of 19 KB.
Please guide me as to do what to do next.

Regards.
Bhupesh

Thanks Sidhant,

I have written the complete details in the blog below. How to send the scanned enclosures as I am not able to load more than 19 KB.

Please guide me further.

Regards.
Bhupesh

On my complaint sent by registered post to the company, I have got a reply. The company, as was expected, has stated that there are not at fault at all and given false statements. Now I would like to go to Consumer Court. Suggest what should I do next plase.

Regards,

Bhupesh