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2) As per Complainants, facts of the case are as follows -

Complainants booked tour with Opponent for Kerla Package during the period from 14/03/2014 to 21/03/2014 and paid an amount of Rs.61,800/- by cheque for both Complainants and also signed booking form. Opponent had presented to Complainants itinerary of tour programme for each day alongwith names of the hotels for stay. However, Opponent did not make any arrangement to receive Complainants/Tourists at Cochin Airport and also had not paid the booking amount at the hotel. Also the sightseeings which were assured as per the itinerary were not shown to Complainants and the driver of the vehicle arranged by Opponent for the said tour of Complainants was not given the details of tour programme. The room given to Complainants was not air-conditioned room on 16/03/2014 because of which Complainants were required to make additional payment of Rs.500/-. As no vehicle was arranged on 17/03/2014 and 18/03/2014, Complainants could not visit any tourist sightseeing places as per programme and thus wasted two days. On 19/03/2014, the halt was assured at Kanyakumari. However, no arrangement of night halt at Kanyakumari was done because of which Complainants were brought back for stay to Kovalam and therefore, sightseeing at Kanyakumari was not possible except Vivekanand Memorial. On 20/03/2014, arrangement of stay in houseboat was done but as the generator of the houseboat was under repair, there was no electric supply. On 21/03/2014, also Complainants suffered lot of inconvenience due to non availability of vehicle.

4) Appellant preferred this appeal mentioning that they have claimed compensation of Rs.4,71,800/- as Respondent failed to provide hotels, food, sightseeing as per written itinerary and as promised and hence, appellants suffered lot of inconvenience, mental torture and loss of sightseeing. The main ground of this appeal is that the Ld.District Forum erred in not properly considering the gravity of mental torture, inconvenience and loss of sightseeing suffered due to not providing of vehicle in time on each day and not providing stay in three star category hotels at places of stay as promised. As per Appellants, the Ld.District Forum was wrong in not awarding compensation item wise and should have awarded the compensation as claimed by Complainants. Instead Ld.District Forum awarded inadequate compensation and therefore the order of Ld.District Forum is wrong and illegal and needs to be set aside.

5) Perused record. Heard arguments on behalf of Complainant. Nobody appeared for Respondent although duly served.

6) The Ld.District Forum observed that Opponent caused inconvenience to Complainants during the said tour programme and did not arrange for hotels and sightseeing as per the programme. As no written statement was filed by Opponent after initial appearance, the evidence filed by Complainant was unchallenged. Therefore, Ld.District Forum from the evidence filed by Complainants viz copy of said package tour programme alongwith the documents in respect of stay in hotels and crosschecking them with hotel confirmation vouchers of the said Kerala trip, held that Opponent was responsible for deficiency in service. However, Ld.District Forum granted Rs.10,000/- only towards compensation for damages and Rs.5,000/- towards cost. The record shows that the entire tour package in respect of both Complainants jointly was costing Rs.61,800/- as per bill of Opponent for the said tour. It is also observed that Opponent has made arrangements of stay during the entire tour programme although on some days stay was arranged in hotels different than those assured by Opponent in tour package programme. Out of seven days programme from 14/03/2014 to 21/03/2014, on 16/03/2014, 17/03/2014, 18/03/2014 and 19/03/2014 halting arrangements were done in the hotels different than the hotels assured in the tour package programme. Also Complainants were required to pay Rs.500/- for a/c room on 16/03/2014 as an additional charge. Due to mismanagement of the tour, non availability of vehicle at times and delay in arranging the vehicles and also by changing place of halt from Kanyakumari to Kovalam, sightseeings in the entire tour were only partly covered.

7) In spite of the above shortfalls, in our opinion, compensation claimed by Complainants of Rs.1,00,000/- for mental torture, Rs.1,00,000/- for waiting and inconvenience, Rs.1,00,000/- for substandard hotels foods and Rs.60,000/- for loss of sightseeing are very excessive as compared to the total cost of the said tour package programme which is Rs.61.800/- only for both Complainants jointly alongwith taxes. Complainants have also claimed the entire cost of tour i.e. Rs.61,800/- in addition to above compensation amounts, although Complainants have undergone the said tour programme for all the seven days and enjoyed the foods, travelings, halts, night stays in hotels and houseboat stay as provided by Opponent alongwith sightseeings, which we do not find justified and reasonable. However, looking at the mismanagement by Opponent in respect of the tour by changing places of residence, causing delay in arranging vehicles which resulted in Complainants not being able to do some of the sightseeing as assured as per tour programme, we are of the opinion that the Ld. District Forum rightly held the Opponent responsible for deficiency in service and for causing inconvenience to the Complainants.