The Telangana State Commission has kept RV tours and travel liable for providing substandard bus services to complainants. The bank is chaired by President Meena Ramanathan And Judicial Member VV Seshubabu has awarded each complainant compensation of € 1.00. 6000/- and also litigation costs of Rs. 6000/-
Brief background:
The complainants underbooked tickets ‘Gujarat Shivaratri Special Package’ on an advertisement from the travel agency. An advance of Rs.60,000 was paid to the agency. It was stated that after a short time the agency announced a 10% discount on all bookings. The complainants demanded a discount, but this was denied. It was further stated that several requests were made to the agency for various facilities such as arranging 2nd AC tickets, allotting seats at one place, providing a guide during the tour and also proper food supply. The manager of the agency did not hear the grievances of the complainants, which led to the issuance of a legal notice by them. Not receiving a satisfactory response from the travel agency, the complainants filed a complaint with the consumer forum, asking for appropriate compensation.
The complaint was upheld by the District Commission by directing the agency to grant a 10% discount to the complainants. Compensation of Rs. 60,000 euros were also imposed in case of non-payment of the awarded damages. This decision was subsequently challenged by the travel agency before the state commission.
No one showed up on behalf of the travel agency. Therefore, the committee continued the complaints procedure solely on the basis of the comments of the complainants.
Observations:
Problem 1: Whether complainants are eligible for the 10% discount?
The court held that since the discount was communicated a few days after the complainants made the booking, therefore, no promise was made to them to give the said discount. The complainants are therefore not entitled to the discount.
Problem 2: Is there one shortage of services on the part of the agency?
The court noted that although the complainants stated that they had to pay chef and driver expenses, they did not provide any evidence in this regard. The travel agency brochure provided tickets for the sleeper class. Although the complainants paid the 2nd AC charges, there cannot be any shortage of services.
However, it was noted the inadequate services provided by the tour agency such as poor quality buses, non-delivery of food items, non-functioning of television on the bus, inappropriate behavior of the tour manager, etc. The agency was thus held liable. The committee noted that the complainants are entitled to the amounts awarded by the district committee except refund of rebate amount of Rs.18,360/-. Also the damages of Rs. 60,000, as imposed by the district committee, turned out to be harsh.
Therefore, the order of the District Committee was changed and directions were issued to pay Rs. 6,000 to each complainant as compensation along with Rs. 6,000/- as legal costs.
Case name: RV Tours and travel & anr. versus BV Sarma & ors.
Case number: FA 96 of 2019
Decision date: 27.11.2024
Click here to read/download the order