Order No. 16 dt. 18/04/2018
The case of the complainant in brief is that o.p. is a travel agent and o.p. organized a tour to the Royal State of Bhutan scheduled to be held on 19.10.15. A tour plan was canvassed by o.p. and after seeing the same the complainant contacted the o.p. On being attracted with the said programme the complainant in order to avail the said tour paid total amount of Rs.68,000/-. Initially the complainant paid Rs.5000/- towards the booking amount and a contract form was signed. On the basis of the said booking o.p. purchased an e-ticket for six tourists including the complainant on 21.6.15 in Saraighat Express from Howrah Station to New Bongaigaon Station. The complainant provided all the documents as sought for by o.p. After submission of the documents the complainant was provided with the documents of ‘Entry Permit For Non Bhutanese Visiting Bhutan’ issued by Royal Govt. of Bhutan and it was mentioned in the said pass that it was valid from 20.10.11 to 27.10.15, though in the said documents some anomalies were there which were brought to the notice of o.p. but they told the complainant that it would be rectified in due course. Thereafter the complainant paid the balance amount of Rs.55,000/- and it was settled that on the last date of journey at Siliguri the remaining amount i.e. Rs.89,000/- will be paid to o.p. and also porter charge of Rs.100/-. After reaching New Alipurduar Station on 20.10.15 they took rest in a lowest grade hotel and made the local trip at their own interest and cost. It was pre scheduled that the tourists will visit Paro, Bhutan on 21.5.15 and accordingly after taking lunch at about 1-30 p.m. they started for Paro in a bus, after seeing the bus they protested because the condition of the bus was so poor and it was unsafe for human life and safety, but the Tour Manager assured the complainant that no problem will occur. The driver of the said bus also disclosed that he had no experience of driving on the road of Bhutan. The complainant lodged his protest and Tour Manager only informed the complainant that he is carrying out the order of o.p. company and if they have any grievance they can talk to the company at Kolkata office. Subsequently another driver was appointed who was also not a skilled driver, as a result of which the bus fell to 75 meters below from the road and passengers sustained injuries and local people rescued them. Because of the said accident Smt. Nandita Dey died and the dead body was brought to Kolkata and cremation was made. after the death of one of the tourists Tour Manager declared that the tour has cancelled. There was no availability of flight ticket from Paro International Airport, Bhutan and the manger did not help the complainant. The manager refused his inability to provide flight ticket for the injured person and also refused to neither provide the dead body carrying charges nor even coffin charges was provided by him. The other tourists also returned to their destination at their own cost by availing bus service from Paro to Bagdogra and Bagdogra to Kolkata flight. The complainant had to bear the expenses for bringing the dead body. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the amount of rs.69,900/- as well as the flight fare of Rs.40,000/- and transport fare from Paro to Siliguri of Rs.10,000/- and compensation of Rs.7 lakhs and litigation cost of Rs.50,000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant and her associates committed fraud upon the o.p. by not disclosing the true age of Nandita Dey, since deceased, her age was disclosed as 54 years whereas the authority assessed 63 years. The complainant paid Rs.55,000/- and o.p. issued official receipt dt.3.10.15. The tour to Bhutan was conducted as per itinerary as scheduled and promised and there was no diversion of any short. The complainant in order to make false allegation against the driver of the bus that he had no previous experience of driving on the road of Bhutan or the bus had mechanical defect. The complainant and her associate paid Rs.60,000/- in total keeping Rs.8900/- due. In order to squeeze money from o.p. the complainant illegally filed this case. The complainant and her associates reached Paro comfortably on 22.10.15. It was asserted by o.p. that on reaching Chelela pass, for sightseeing of Chelela pass, all tourists except the complainant and her mother, since deceased, remained in the bus for their own reason. Meanwhile the driver of the bus tried to reverse the bus for opposite direction required to proceed further toppled down from 75 meters from the road accidentally. Due to such accident those persons sustained injuries. All were rescued and treated medically. In the said accident the mother of the complainant Smt. Nandita Dey, unfortunately succumbed to her head injuries. Her death was not due to negligence on the part of o.p. The Tour Manager Nandadulal Jana also sustained injury and he was treated in the hospital. The driver was well experienced, but it cannot be anticipated as to when the accident will occur. On the basis of the said fact o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant availed the tour programme conducted by o.p.?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that o.p. is a travel agent and o.p. organized a tour to the Royal State of Bhutan scheduled to be held on 19.10.15. A tour plan was canvassed by o.p. and after seeing the same the complainant contacted the o.p. On being attracted with the said programme the complainant in order to avail the said tour paid total amount of Rs.68,000/-. Initially the complainant paid Rs.5000/- towards the booking amount and a contract form was signed. On the basis of the said booking o.p. purchased an e-ticket for six tourists including the complainant on 21.6.15 in Saraighat Express from Howrah Station to New Bongaigaon Station. The complainant provided all the documents as sought for by o.p. After submission of the documents the complainant was provided with the documents of ‘Entry Permit For Non Bhutanese Visiting Bhutan’ issued by Royal Govt. of Bhutan and it was mentioned in the said pass that it was valid from 20.10.11 to 27.10.15, though in the said documents some anomalies were there which were brought to the notice of o.p. but they told the complainant that it would be rectified in due course. Thereafter the complainant paid the balance amount of Rs.55,000/- and it was settled that on the last date of journey at Siliguri the remaining amount i.e. Rs.89,000/- will be paid to o.p. and also portrait charge of Rs.100/-. After reaching New Alipurduar Station on 20.10.15 they took rest in a lowest grade hotel and made the local trip at their own interest and cost. It was pre scheduled that the tourists will visit Paro, Bhutan on 21.5.15 and accordingly after taking lunch at about 1-30 p.m. they started for Paro in a bus, after seeing the bus they protested because the condition of the bus was so poor and it was unsafe for human life and safety, but the Tour Manager assured the complainant that no problem will occur. The driver of the said bus also disclosed that he had no experience of driving on the road of Bhutan. The complainant lodged his protest and Tour Manager only informed the complainant that he is carrying out the order of o.p. company and if they have any grievance they can talk to the company at Kolkata office. Subsequently another driver was appointed who was also not a skilled driver, as a result of which the bus fell to 75 meters below from the road and passengers sustained injuries and local people rescued them. Because of the said accident Smt. Nandita Dey died and the dead body was brought to Kolkata and cremation was made. after the death of one of the tourists Tour Manager declared that the tour has cancelled. There was no availability of flight ticket from Paro International Airport, Bhutan and the manger did not help the complainant. The manager refused his inability to provide flight ticket for the injured person and also refused to neither provide the dead body carrying charges nor even coffin charges was provided by him. The other tourists also returned to their destination at their own cost by availing bus service from Paro to Bagdogra and Bagdogra to Kolkata flight. The complainant had to bear the expenses for bringing the dead body. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.69,900/- as well as other reliefs.
Ld. lawyer for the o.p. argued that the complainant and her associates committed fraud upon the o.p. by not disclosing the true age of Nandita Dey, since deceased, her age was disclosed as 54 years whereas the authority assessed 63 years. The complainant paid Rs.55,000/- and o.p. issued official receipt dt.3.10.15. The tour to Bhutan was conducted as per itinerary as scheduled and promised and there was no diversion of any short. The complainant in order to make false allegation against the driver of the bus that he had no previous experience of driving on the road of Bhutan or the bus had mechanical defect. The complainant and her associate paid Rs.60,000/- in total keeping Rs.8900/- due. In order to squeeze money from o.p. the complainant illegally filed this case. The complainant and her associates reached Paro comfortably on 22.10.15. It was asserted by o.p. that on reaching Chelela pass, for sightseeing of Chelela pass, all tourists except the complainant and her mother, since deceased, remained in the bus for their own reason. Meanwhile the driver of the bus tried to reverse the bus for opposite direction required to proceed further toppled down from 75 meters from the road accidentally. Due to such accident those persons sustained injuries. All were rescued and treated medically. In the said accident the mother of the complainant Smt. Nandita Dey, since deceased, unfortunately succumbed to her head injuries. Her death was not due to negligence on the part of o.p. The Tour Manager Nandadulal Jana also sustained injury and he was treated in the hospital. The driver was well experienced, but it cannot be anticipated as to when the accident will occur. On the basis of the said fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties the complainant availed the tour programme and the complainant paid the amount as per the agreement entered into between the parties. The complainant has stated that o.p. did not make any arrangement for good quality of bus as well as experienced driver. It appears from the materials on record that the complainant provided a document whereby it was mentioned that mother of the complainant was aged about 54 years, but at the time of death while the death certificate was issued by the hospital authority it was mentioned 62 years. It appears from the materials on record that o.p. conducted the tour programme as per the schedule and the complainant along with her associates reached Paro, Bhutan. But while the other tourists went to see famous place Chelela pass for sightseeing the complainant and some tourists remained in the bus. During the time of reversing the bus, it fell downwards of 75 meters for which the persons remained in the said bus sustained injuries. It appears from the materials on record that one of the men of o.p. sustained injuries including the manger who was also treated in the hospital. But due to the age of the mother of the complainant she could not recover from the injuries and she succumbed to her injuries. The complainant has stated that op.p. did not make any arrangement as per the tour programme, but it is found from the materials on record that several tourists joined in the said tour programme, but they did not raise their voice regarding the facilities provided by the tour operator during the time of journey. It is found from the materials on record that most of the tourists left for seeing the sightseeing of Chelela pass, but the complainant along her mother stayed in the said bus including some men of o.p. It appears from the materials on record that the bus at the time of reversing fell down of 75 meters form the road for which those persons sustained injuries. From the facts and circumstances it is crystal clear that an unfortunate incident took place for which mother of the complainant died, but it is beyond the imagination for anybody to guess as to when accident would occur for which mother of the complainant sustained injuries. The complainant’s mother was an aged lady and she could not survive and unfortunately she died. In view of such background of the case we hold that the complainant has failed to prove that there was any negligence or deficiency in service on the part of in conducting the said tour. Apart from the said fact, if other tourists who enjoyed the said tour programme could have at least filed the evidence to substantiate the allegation of the complainant, but none of them came to support the case of the complainant. In view of the facts and circumstances as stated above, we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.500/2016 is dismissed on contest without cost against the o.p.
