IN THE PRESIDENT, DISTRICT CONSUMERS DISPUTE REDRESSAL FORUM, SAMBALPUR
C.C. No.59 of 2016
Sri Bipin Kumar Agrawal
Son of Late Hariram Agrawal,
Aged about 53 years,
Resident of Badbazar, near Haldi Mill
P.O.. Badbazar,
P.S. Khetrajpur,
Dist-Sambalpur ……………… Petitioner
-VERSUS –
- Sri Sasmit Mahapatra,
Prop. M/s. Dream tour Holidays
Shop No. G8, Varun Plaza,
Ground FloorAinthapali Road,
P.O. Budharaja, P.S. Ainthapali,
Dist-Sambalpur, Odisha.
- The Managing Director, M/s. Make My Tip (Pvt.) Ltd.
-
Gurgaon Hariyana
C/o Sri Sasmit Mahapatra,
Prop. M/s. Dream tour Holidays
Shop No. G8, Varun Plaza,
Ground FloorAinthapali Road,
P.O. Budharaja, P.S. Ainthapali,
Dist-Sambalpur, Odisha..………….. Opp. Parties
For Complainant :
For O.P.s No.1 & 2 :
PRESENT:- SHRI A.P. MUND, PRESIDENT
SMT. S. TRIPATHY, MEMBER
SHRI K.D. DASH, MEMBER
Date of Order:
Shri A.P. Mund, President
The complainant approached the O.Ps. for facilitating a trip to South Africa O.P. No. 1 is the local agent of the O.P. No. 2. The O.Ps. issued the petitioner a booking I.D. No. is NL20810115588. The O.Ps quoted a discount price of 1,50,000/- per head which includes for arranging visa, air fare, sightseeing, accommodation etc. from Bhubaneswar onwards. The O.P’s. were paid Rs. 6,00,000/- as per their demand and the O.Ps. handed over E-Air ticket and detail programmes The tour was to commence from 11.05.2016.This was like a turn key project arrangement and the O.Ps. were to provide all the facilities after receiving the payment.
As per instruction by the O.P’s, the petitioner and his family arrived at Bhubaneswar on 10.05.2016 and at Mumbai on 11.05.16. According to the petitioner the visa was not handed over till 11.05.2016. He waited for two days at Mumbai along with his family for receiving the Visa and availing the dream package tour later on. On non receipt of visa he lodged a complaint with the O.P.No.1but to no avail.
To satisfy the eagerness of the family he had to book a Goa trip which cost the petitioner Rs. 1,50,000/-. The petitioner also spent Rs. 50,000/- for stay at Mumbai, Rs. 50,000/- for visiting Kolkata for Yellow vaccination. The petitioner spent an amount totaling Rs. 8,50,000/- towards a failed trip; for which the O.Ps are wholly responsible for not providing adequate service to the complainant.
On the basis of the above the petitioner prayed for the refund of the package of the tour of Rs.6,00,000/-, return of Rs.2,50,000/- which the petitioner has spent on Yellow Vaccination at Kolkata, stay at Mumbai and the cost of the trip to Goa. He has also asked for interest and other reliefs including exemplary compensation for mental agony the complainant suffered. To bolster the case; the complainant has filed the following documents.
LIST OF DOCUMENTS
- Offer of the opposite parties sent by mail to the Complainant.
- Confirmation Voucher of O.P. No. 2 sent by mail
- Air Reservation E-ticket.
- Detail Tour programme.
- Correspondences of the parties through mail.
- Office copy of Advocate notice along with the Postal receipt and AD of the O.P. No. 1.
- Detailed tour programme supplied by O.P. No. 2 through O.P. No. 1.
- Visa affixed to pass port showing date of issue i.e. 11.05.2016.
- Deposit slip of ICICI Bank, showing deposit of the package cost.
The O.Ps were properly noticed and on 05.10.16 the O.Ps were set ex parte.
The complainant filed its written argument and conducted his argument. According to the Advocate for complainant, this is a pure case of cheating by the O.Ps. The O.P’s were provided with the consideration money as per their demand for taking the complainant along with his family to South Africa. The O.Ps were to provide tour key facilities like arranging for visa, transport, accommodation etc. The O.Ps after receiving total payment did not provide any facilities or responded to any complaint/quarry for onward journey to South Africa. The stamp Visa shows dt. Of 11.05.2016, which is a clear case of negligence and carelessness committed by the O.Ps on arranging visa before the date of departure.
The Learned Advocate further submitted that as per evidence he has submitted all the amount to the O.Ps vide ICICI Bank deposit slip dtd. 06.05.2016. The family eagerly waited for dream tour but their dream was shattered by the deficiency in service committed by the O.Ps
To satisfy the eagerness and excitement of the children the petitioner had to undertake an unwanted tour to Goa, which was not in their schedule. Accordingly, the Learned Advocate urged that, the petitioner be compensated and the O.Ps be penalized for committing deficiency in service.
O R D E R
On the basis of the above submission we are satisfied that the O.Ps have committed the deficiency in service by not providing visa on time. Neither the O.Ps took the complainant on South Africa tour on another date after stamping and receipt of visa. The O.P did not respond to the quarries made by the petitioner. This is a serious breach of faith and the O.Ps have committed /neglected in providing service to the petitioner. The O.Ps have deliberately not carried out the part of the contract which they have to provide to ensure that the complainant and his family go to South Africa. The O.Ps have shattered the dream of the family. Hence they have to compensate the petitioner and his family after shattering the dream tour to South Africa. The O.P’s have to refund Rs.6,00,000/- for the payment they have accepted for providing services.
The complainant has not given any evidence regarding the expenses for touring Goa for which we are inclined not to grant any compensation. But we are fully satisfied regarding incurring of other expenses of Rs. 1,00,000/- for the travel to Bhubaneswar and stay in Mumbai waiting for visa, visiting Kolkata for Yellow Vaccination. Besides the above, the O.Ps have to compensate to the petitioner of Rs. 40,000/- for causing harassment, mental agony and distress to the family for not taking the family on a dream tour to South Africa and for committing the deficiency of service. On a total the O.Ps are to pay Rs. 7,40,000/- to the petitioner within a month of this year, otherwise the amount will carry an interest @12% from the date of the order till payment. Both the O.Ps are jointly liable to carry out this order.
Sd/-
SHRI A.P.MUND
Sd/- PRESIDENT.
SMT S.TRIPATHY. Member I agree.
Sd/- Sd/-
SHRI K.D.DASH. Member I agree. Dictated and corrected by me.
PRESIDENT
