GIRIKAND TRAVELS PVT. LTD. vs ARUN NARAHAR PUJARI

THIS is an appeal against the order of the District Forum, Kolhapur dated 29.10.91 passed in C. No. 60/91. Both the respondents had complained before the District Forum that the services of appellant-Girikand Travels were rendered with many deficiencies. The complainants, therefore, had claimed compensation for the loss suffered by them during the travel. The District Forum allowed the complaint and ordered the payment of Rs. 12,142/- with damages of Rs. 1000/- to the complainants.

BEING aggrieved by the aforesaid order, this appeal has been filed. We have heard Shri U.D. Pradhan Manager of the Girikand Travels Pvt. Ltd. and Dr. B.B. Patil and Dr. A.N. Pujari in person. Shri Pradhan argued that Girikand Travels Pvt. Ltd. had arranged the package tour and complaints were the participants in the tour alongwith other travellers. According to Shri Pradhan, the period of the tour was in Diwali vacation and, therefore, the hotel accommodation and reservations of trains were not available. Further it is the case of Shri Pradhan that the whole schedule of the package tour was upset on account of the arrest of Shri Advani, as a result of which there were disturbances. It is, therefore, submitted that the delay and inconveniences if any caused to the participants were beyond the control of the appellant. It is, therefore, argued that due to the aforesaid reason, no blame can be attributed to the appellant and consequently grant of compensation for the aforesaid reasons is not proper. Shri Pradhan elaborately described the difficulties which the travelling company may have to face in the event of their schedule being disturbed due to the busy travelling season and due to political disturbance. It is further argued that despite their difficulties, the appellant returned Rs. 3,827/- by cheque to the complainants in full satisfaction of their claim and, therefore, nothing remains to be paid to the complainants towards the compensation.

We have heard the respondent in person. They have submitted that the claim made by the appellant that it was a package tour is not correct. A receipt has been placed on record which is at Ext. 46. In that receipt, it is clearly written that the Girikand Holiday were individual programme, for hotel booking, taxies, bus and others. In that receipt, there is no mention about the package tour. The said receipt is for the amount of Rs. 15,630/- paid by A.N. Pujari and group. In view of this documentary evidence, we have to hold that it was not a package tour but an individual programme. As described by the respondents, the services of the appellant were hired for getting the hotel bookings, and taxies on hire. It seems that the services of the appellant were hired for making the facility of hotel booking and taxies available to the complainant during their tour programme.

AS regards the claim of Shri Pradhan, that due to the political disturbance, the schedule was upset and, therefore, he is not liable for the payment of compensation cannot be accepted. A travelling company while arranging the schedule has to visualise, and anticipate eventualities which may occur during the tour. But that does not give a right to a travelling company to put the travellers into inconvenience. In the instant case, we find that the entire schedule of the tour was not completed by the Girikand Travels and the complainants had to face numerous difficulties of hotel booking and taxi services. The difficulties encountered by the complainants are described in the judgment of the District Forum. The District Forum has appreciated the facts and circumstances of the case and found that there was deficiency in the service of the appellant in carrying out the complainant''s programme. We have, therefore no reason to come to a contrary conclusion on the basis of the oral submission made by Shri Pradhan before us. The contention of Shri Pradhan that Rs. 3827/- were paid towards the full satisfaction of the complainant''s claim is also not correct, inasmuch as the complainants denied to have accepted that amount in full and complete satisfaction of their claim for compensation. Under these circumstances, we find that there is no substance in this appeal and, therefore, it must fail. Hence, was pass the following order :- ORDER

THE appeal stands dismissed. No costs. Appeal dismissed.