Telangana State Commission Holds Tour Agency Liable For Not Providing Satisfactory Bus Services To Pilgrims
Aakanksha Bajoria
21 Dec 2024 3:00 PM IST
The Telangana state commission has held RV Tours and travels liable for providing substandard bus services to the complainants. The bench presided by President Meena Ramanathan and Judicial member V.V Seshubabu granted compensation to each complainant amounting to Rs. 6000/- and also litigation costs of Rs. 6000/-
Brief background:
The complainants booked tickets under 'Gujarat Shivaratri Special package' on an advertisement made by the travel agency. An advance amount of Rs.60,000 was paid to the agency. It was stated that after a short duration of time, the agency notified a discount of 10% on all bookings. The complainants demanded the grant of discount but the same was denied to them. It was further stated that several requests were made to the agency for various facilities such as arrangement of 2nd AC tickets, allotment of seats in one place, to provide a guide throughout their tour and also proper supply of food. The manager of the agency did not hear the grievances of the complainants which led to the issuance of a legal notice by them. On not receiving any satisfactory reply from the tour agency, the complainants filed a complaint before the consumer forum praying for appropriate compensation.
The complaint was allowed by the district commission by directing the agency to grant the complainants the discount of 10%. Punitive damages of Rs. 60,000 were also imposed in case of default to pay the awarded compensation. This decision was then challenged by the travel agency before the state commission.
No one appeared on behalf of the travel agency. Therefore, the commission proceeded with the complaint proceedings on the basis of submissions made by the complainants only.
Observations:
Issue 1: Whether the complainants are eligible for the 10% discount?
The bench held that since the discount was notified a few days after booking was made by the complainants, therefore no promise was made to them to give the said discount. Hence, the complainants are not entitled to avail the discount.
Issue 2: Is there any deficiency in service on the part of the agency?
The bench observed that though complainants have stated that they had to incur cook and driver charges, no proof regarding the same has been submitted by them. The brochure of the agency provided for sleeper class tickets. Though, the complainants paid 2nd AC charges, since there was no undertaking given by the agency for the same, there cannot be any deficiency in service.
However, the inadequate services provided by the agency such as poor quality buses, non-supply of food items, non-functioning of television in the bus, inappropriate behaviour of the tour manager, etc. were taken note of. Thus, the agency was held liable. The commission observed that the complainants are entitled to the amounts which have been awarded by the district commission except the refund of discount amount of Rs.18,360/-. Also, the damages of Rs. 60,000/- as imposed by the district commission were found to be harsh.
Hence, the order of district commission was modified and directions were passed to pay Rs. 6,000 to each complainant as compensation along with Rs. 6,000/- as litigation costs.
Case name: RV Tours and travels & anr. vs BV Sarma & ors.
Case number: F.A. 96 of 2019
Date of decision: 27.11.2024
