TIME TRAVELS PVT. LTD. vs SUBRATA DUTTA

THIS is an appeal by the O.P. against the order of the Forum directing it to pay a sum of Rs. 19,000/- to the complainant together with cost of Rs. 400/-.

BRIEFLY stated the fact of the case is that the complainant having decided to spend X-mas holidays of 1997 in the Himalayas approached the O.P. for booking railway tickets, hotel and for making other arrangements during tour. The O.P. is a tour conductor and takes tourists to various places in India for visit as per the programme. The tour was to commence from 23.12.1997 and to end on 4.1.1998. The places of visit were Mussourie, Ranikhet, Kousani, Nainital etc. The complainant deposited Rs. 6,000/- in cash on 22.11.1997 for railway reservation. The cost of the particular package tour was settled at Rs. 12,000/- per head including railway fare. The family of the complainant comprised self, wife and a daughter. The representative of the O.P. assured 50% discount on Holiday tariff as the travel circuit was one of off-season. The complainant made further deposit of Rs. 3,000/- and Rs. 10,000/- on 28.11.1997 and 29.11.1997 respectively. Thus the total payment was Rs. 19,000/- to meet the entire cost of the journey. He asked the representative of O.P. No. 1 to confirm the railway reservation, hotel accommodation, arrangement for sight seeing in advance and left his residential address and telephone number to O.P. No. 1. The complainant through his representative wanted to collect the railway tickets and documents for confirmation, but nothing was handed over to him to confirm railway reservation, hotel accommodation etc. He waited till 20.12.1997 and then sent a FAX communication to O.P. No. 1 alleging non-receipt of any communi-cation from them and requesting them to send documents showing confirmation of railway reservation and programme for hotel accommodation etc. Since nothing was given to the complainant the programme fell through and as a result he suffered loss and damage. He was not in a position to undertake any tour programme within the next two years because of the School Final Examination of his daughter. So he filed the case before the Forum claiming refund of the amount of advance to the O.P. for the tour. The case was contested by the O.P. by filing written version wherein they agreed to pay the sum of Rs. 13,263/-. Their allegation is that they started booking the hotel as per the schedule, but the complainant having failed to turn up and to collect the confirmation of reservation and to pay the balance amount, could not avail of the journey. They alleged that excepting sending a FAX call the complainant did nothing to collect the reservation slip. So they prayed for the dismissal of the case.

Upon consideration of materials on record the Forum granted relief prayed for by the complainant. Feeling aggrieved thereby the O.P. has preferred this appeal.

ADMITTEDLY, the complainant has paid Rs. 19,000/- in all for the charges of the tour which was to begin on 23.12.1997. The allegation of the complainant is that he enquired about the confirmation of railway reservation, hotel accommodation etc. from the representative of the O.P. but did not get any response. Ultimately, he sent a FAX message to ascertain the correct position in this regard. The case of the O.P. is that the complainant did not turn up to collect the reservation slips as well as slips for booking accommodation in hotel. It appears that the railway journey was not confirmed but the complainant and his family members were kept in the waiting list. The definite case of the complainant is that he left his residential address as well as telephone number with the O.Ps., but none contacted him to inform about the latest development about the tour. The O.P. has however, said that they tried to contact the complainant, but failed. It is difficult to believe that the complainant would not try to contact the travel agency after depositing a huge amount of Rs. 19,000/- as part of the cost for the package tour. The Forum noticed that the complainant has not produced any material to show that he has suffered loss or injury for not being able to avail of the journey. During trial the O.P. has however, produced papers to show that they had taken steps for hotel accommodation. The Forum took the view that the failure of the O.P. to inform the complainant about the steps taken by them for securing confirmation of tickets for railway journey and hotel accommodation as per the agreement constituted deficiency in service. On perusal of materials on record we cannot take a different view. We find that the Forum was justified in directing payment of Rs. 19,000/- to the complainant together with cost of Rs. 400/-. In our view the appeal is without any merit and accordingly it is dismissed. Appeal dismissed.