State Consumer Disputes Redressal Commission
Ms. Gauri Godse & Ors vs The Kesari Tours Pvt. Ltd. on 22 July, 2013
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/04/676
(Arisen out
of Order Dated 09/02/2004 in Case No. C/03/26 of District
Mumbai(Suburban))
1. MS. GAURI GODSE
1ST FLOOR, YASHODHAN, JANAKALYAN SAHAKARI BANK,
SHIVAJI PATH,
THANE (WEST)
2. MS. SMITA SHETKAR
703, MAITRI
HEIGHTS, OPP.
JAWAHAR JYOTI SOCIETY, LOUIS WADI, THANE (WEST)
3. MRS. POONAM PITAMBER BHOSALE
ROOM NO. 5, BUILDING NO.107, GOVERNMENT COLONY,
BANDRA (EAST)
MUMBAI
4. MS. PRIYANKA PITAMBER BHOSALE
ROOM NO. 5, BUILDING NO.107, GOVERNMENT COLONY,
BANDRA (EAST)
MUMBAI
5. MS. SUCHITA ANANT KUPERKAR
ADITYA 'C' WING, SURYA NAGAR, KATRAP, KULGAON
BADLAPUR (EAST)
...........Appellant(s)
Versus
THE KESARI TOURS
PVT. LTD.
L.J.
ROAD, SITALADEVI, MAHIM,
MUMBAI 400 016
...........Respondent(s)
BEFORE:
HON'BLE MR. S.R. Khanzode PRESIDING MEMBER
PRESENT:
None ......for the Appellant Mr.S.L.Prabhu-Advocate ......for the Respondent ORAL ORDER Per Honble Mr.S.R.Khanzode, Presiding Judicial Member This appeal takes an exception to an order dated 09/02/2004 passed in consumer complaint no.26/2003, Ms.Gauri Godse and others v/s. The Kesari Tours Pvt.Ltd. by District Consumer Disputes Redressal Forum, Central Mumbai. Alleged deficiency in service is in respect of services offered during the Simla, Kullu & Manali tour (Cost Saver Tour) which was undertaken by the complainants after booking with respondent/ opponentM/s.Kesari Tours Pvt. Ltd. (herein after referred as Tour company). Forum in its impugned order has dealt with each and every grievance of the complainant and found no substance in it and, subsequently, dismissed the consumer complaint. Feeling aggrieved thereby, this appeal is preferred by the complainants.
At the time of hearing of appeal, complainants and their counsel remained absent. They remained absent on previous two dates also. Under the circumstances, Ld.counsel appearing for the respondent is heard. We have carefully gone through the impugned order as well as itinerary of the tour, which is marked as Exhibit D of the compilation, page 128 and the other correspondence. Except these documents nothing has been relied upon by the complainant or led in evidence, particularly, in view of section 13(4) of Consumer Protection Act, 1986.
As far as incidence referred while proceeding to the hotel booked at the request of the complainants is concerned, the complainants in their own wisdom relied upon the statement made by their own taxi driver. How far that statement was correct is not known. Taxi drivers are some time interested in particular hotel and, therefore, to say or assume anything about the hotel which is booked by the complainants is not proper. No credentials could be attached to it.
Therefore, it cannot be inferred that the booking of the hotel made at the request of the complainants was at improper place or was not proper.
About the event of 12/05/2002, it appears that it was a night journey and scheduled to reach at the destination in the morning. Forum observed in the order that when they enquired as to whether any request was made by the passengers to stop the bus during the journey, the answer was in the negative. Therefore, if certain stops were not made, as the grievance was put by the complainants, in the course of that journey; it was rightly observed by the forum that no deficiency on part of tour company could be inferred. Other incidence is about delay in boarding the bus since one of the members was delayed in taking the breakfast and to board the bus. In those circumstances, if the Tour Manager told that I do not like to shout at the tourists, but I must tell you that you should be always careful about others inconvenience, that cannot be said as deficiency in service on the part of the opponent. As per the itinerary, further journey to the Rohtang Pass was not possible since the security officials had closed the road. For this reason also Tour Company cannot be blamed. Forum rightly assessed the circumstances accordingly. Thus, we find in totality the judicial discretion used by the forum in assessing the facts cannot be faulted with. There is no merit in the appeal. Holding accordingly, we pass the following order:-
ORDER Appeal stands dismissed.
In the given circumstances, both the parties to bear their own costs.
Pronounced on 22nd July, 2013.
[HON'BLE MR.
S.R. Khanzode] PRESIDING MEMBER Ms.