BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 30^th day of November 2016

Filed on : 28-09-2015

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.648/2015

Between

Audrey B. Fernandez, : Complainant

Lily Cottage, 10/832E, (Party-person)

SS Krishnan Road,

Amaravathy, Cochin-682 001.

And

1. Leisure World Destinations, : Opposite parties

Managing Director, (absent)

Mr. Praveen Joseph,

House No. 25/635,

(Sector 5-7) Nazareth Statue

Residents Association,

Kavalamkuzhi house,

Nazareth, Cochin-682 002.

2. Royal Omania tours

and Travels, (Mr. Reji Joseph

Tour Manager, Mr. Jojo

Manager of Royal Omania

No. 362, Palal Towers,

M.G. Road, Ravipuram,

Ernakualam, Cochin-680 035.

O R D E R

Sheen Jose, Member

The case of the complainant is as follows:

The complainant had booked a Pilgrim cum pleasure tour to West Europe with the 1^st opposite party in February 2015. The 1^st opposite party informed that an amount of Rs. 1,75,000/- as cost of the tour package that included airfare, Schengen Visa application charge, travel insurance, accommodation siteseeing, travel by bus, lunch and dinner , ticket to museum etc. The 1^st opposite party assured that the pilgrim cum pleasure tour covering Itally, Vathican, Switzerland, France, Spain; and Portugal. They are further indicating that they were waiting for the approval of the four more countries such as Germany, Austria, Netherlands and Belgeum. The complainant had paid an amount of Rs. 50,000/- towards an advance payment by cheque No. 000398 drawn on State Bank of India dated 05-02-2015 and again she paid an amount of Rs. 1,25,000/- by cheque No. 000398 dated on 11-04-2015 in favour of the ^1st opposite party as 2^nd and final instalments. On 17-04-2015 the 1^st opposite party contacted with the complainant and informed that a meeting of all the passengers were conducted 21-04-2015 at Royal Omaniya’s office. Further they informed that they received approval for visiting four more countries such as Germany, Austria, Belgium and Netherland. And therefore the trip will be started on 21-04-2015 by 04.30 a.m. Qatar Flight. He was again called the opposite party at 10.00 a.m. and said that the meeting was re-scheduled for 3 p.m. and the venue was at 7^th floor, Alappat Heritage, M.G. Road, Kochi. Mr. Jijo, who was representative of Royal Omaniya had given them all the instructions for the above Pilgrim-cum-pleasure tour. Mr. Jijo, amongst various important matters established that their lunch will be from Indian restaurant, dinner will be continental food with vine. He assured that lunch will be from North Indian restaurant and would mainly consists on rice and dhal. Mr. Jijo mentioned that when they reached at Dhoha and Qatar, breakfast will be served at the venue of Airport. Also he confirmed that a priest from Thrichur would accompanied with entire tour trip and had holly mass every day. But they failed to conduct holly mass even a single day. The opposite parties assured that seats will arrange for herself and her sisters together in one raw to the entire trip. Unfortunately, opposite parties failed to do honour their promise. The complainant could understand that the hotel rooms arranged for staying was dirty and below average. They were all seated in a small rooms, very crowded, poor air circulation and bath rooms were very dirty . Through out the tour, place of Lourdes and Fatima both lunch and dinner were served substandard North Indian Meals. The food was stale and severed with rice dhal, pickle , yogurt, stone like chapatti and naan. The complainant and her sisters got stomach disorder. Thereafter, they had bring food from outside spending their hard earned money. The opposite party did not cover the places as per their promise. So, the complainant had missed many sightseeing, pilgrim centers and historical places. The above said act of the opposite parties caused lot of inconveniences and gross mental agony to the complainant and also she had lost her hard earned money. Thus the complainant is before us seeking a direction against the opposite parties to pay an amount of Rs.2,00,000/- towards compensation and costs of the proceedings to the complainant.

1. Despite service of notice from this Forum, the opposite parties opted not to contest the matter for their own reasons. Proof affidavit has been filed by the complainant and Exbts. A1 to A7 were marked on her side. Heard the complainant who appeared in person.

2. The only Issue came up for consideration are as follows:

1. Whether the complainant is entitled to get an amount of Rs. 2,00,000/- towards compensation from the opposite parties for mental agony, deficiency in service on the part of the opposite parties?

4. The issue Admittedly the complainant had booked a pleasure-cum-pilgrimage tour to West Europe with the opposite parties in February 2015. According to the complainant, she had already paid an amount of Rs. 1,75,000/- to the opposite parties towards air fare, Schengen visa application charge, travel insurance, site seeing, transportation, food and accommodation etc. Exbt. A1, statement of bank account details shows that the complainant had paid an amount of Rs. 50,000/- to the 1^st opposite party on 25-02-2015 through her SBI Account, Cheque No. 000397. Further, she had paid an amount of Rs. 1,25,,000/- to the 1^st opposite party on 11-04-2015 by cheque No. 000398 through the very same bank account. Exbt. A2 E-mail communication between one Mr. Jose Thomas Kattassery and the 2^nd opposite party shows that the opposite party had agreed to him an amount of Rs. 1,67,000/- for the entire tour package cost per head. Further, he had also stated some defective service rendered by the opposite parties in Exbt. A2 e-mail. Exbt. A3, copy of sms messages between complainant and her sisters with 1^st opposite party dated on 09-02-2015, 14-02-2015, 16-02-2015, 14-02-2015, 10-04-2015 and 16-04-2015. Exbt. A3 messages show that the complainant had repeatedly contacted with the opposite parties enquiring about the tour packages and she informed her willingness to participate the same. Exbt. A4 is the copy of boarding pass of the complainant for the entire tour trip. Exbt. A5 hotel bill dated 29-04-2015 shows that the complainant had ordered some food items from Berger King Restaurant, Netherlands with her own money. Exbt. A6, postal receipts, go to show that notices were issued to the opposite parties from this Forum. Exbt. A7 e-mail communication shows that the complainant had intimated to the 1^st opposite party regarding the consumer forum complaint, C.C. 648/2015. Exbt. A8 Travel summary shows that tour started on 21-04-2015 and it was ended on 06-05-2015.

1. 1. 5. Admittedly the complainant had availed service of the opposite parties for Pilgrimage-cum-pleasure trip to Holly Land. The opposite parties assured that excellent service will be provide to the entire trip. They offered Pilgrimage-cum-pleasure trip including visiting Ittally, Vathican, Switzerland, France, Spain, Portugal, Germany Austria, Netherlands and Belgeum. Also they had agreed that lunch will be provided to the team members from excellent Indian Restaurants and dinner will be continental food with wine for the entire tour period. According to the complainant the opposite party did not provide any thing as per the promises made by them. The members of the tour group stayed most of the time in dirty hotels having below two star facilities and the food supplied was of very poor quality and the members were not provided continental dishes. Exbt. A5, hotel bill, evident that the complainant depended on some other hotels by spending her hard earned money, even if she had paid huge amount for food and accommodation to the opposite parties at the time of booking. The opposite parties assured that a priest will accompany the tour and they will arrange holly mass service for every day but the promise was not honoured by them. As per the rule of Christian religion, it is mandatory, for a person who believes in Christianity to participate in Holly mass in every Sunday. In this case, the complainant could not participate the same due to the negligence on the part of the opposite parties. The opposite party did not consider the requests and needs of the team members. The tour schedule was rearranged by the opposite parties at their convenience without giving any prior information to the tour members. The opposite party avoided many of the places, which they had earlier promised. The above acts of the opposite parties amounted to deficiency in service and unfair trade practice also. The case of the complainant stands unchallenged by the opposite parties even after accepting the notice from this Forum. We find no reason to disbelieve the sworn affidavit of the complainant. In the absence of any contrary evidence, we are of the opinion that the case of the complainant is believable and she is therefore entitled to get compensation and costs of the proceedings. The complainant had suffered a lot of inconvenience and mental agony due to the improper and deficient service on the part of the opposite parties. The opposite parties are liable to compensate the same. From the available evidence, we came to a conclusion that the opposite parties are liable to pay an amount of Rs. 15,000/- towards compensation and also to pay Rs. 5,000/- towards the costs of the proceedings for the reasons stated above.

      6. In the result, we partly allow the complaint and direct as follows.

1. The opposite parties shall pay an amount of Rs. 15,000/- to the complainant towards compensation for the mental agony and hardships suffered by her due to the deficiency in service on the part of the opposite parties.

ii. The opposite parties shall also pay an amount of Rs. 5,000/- towards costs of the proceedings to the complainant.

The order shall be complied with, within a period of 30 days from the date of receipt of a copy of this order.

Pronounced in the open forum on this the 30^th day of November 2016

Sd/-

Sheen Jose, Member

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent

Appendix

Complainant's Exibits

Exbt. A1 : Copy of statement of bank

account details

A2 : Copy of e-mail communication

A3 : Copy of sms messages

A4 : Copy of air travel ticket

A5 : Copy of hotel bill dt. 29-04-2015

A6 : Copy of postal receipts

A7 : Copy of e-mail communication

Opposite party's exhibits : Nil

Copy of order despatched on:

By Post: By Hand: