Consumer protect act,1986
Querist :
Anonymous
(Querist) 13 November 2011
This query is : Resolved
Respected Sirs,
I seek you valuable advice on the following facts of a consumer case,the maintainable of which is questioned by the PO of the DF.Hope you will not disappoint.
FACTS
Sh.G.L.Ojha , a practicing advocate (herein after ‘the complainant’) Vice Chairman, National Cooperative House Federation of India (NCHF) and Sr.Vice president of International Cooperative Housing Foundation for Asia Pacific (ICHFAP) has filed this complaint for deficiency of service provided him at Colombo (Sri Lanka) in the month of AUGUST 2006 when he had gone there in order to attend 8th meeting of governing council of international cooperative housing foundation for Asia and Pacific on 14th August 2006.The complainant has alleged in the complaint that on 6th Aug,2006, he telephonically booked air tickets from Delhi to Colombo and stay at Hotel Colombo Plaza from 12th August to 15th Aub,2006.He reached Colombo A/P on 12wth of Aug, as scheduled, along with a colleague Sh.Brij Bhushan Sharma. He was taken to Devon Hotel (Pvt) Ltd, Kandy instead of Hotel Colombo Plaza, by the agent of the opposite party, which place is at a distance of about 150 kms away from Colombo. This is also alleged in the complaint that this agent of the OP also retained his return tickets on the excuse of reconfirmation. The complainant further alleges that he had lodged a protest with the said agent who told the complainant that arrangements were made as per his (complainant’s) instructions. So the complainant was made to state in Devon Hotel ( Pvt) Ltd Kandy for two days i.e. 12th & 13th August,2006.He had to face mental & physical exertion and could not attend the scheduled meeting of ICHFAP to be held at Colombo on 14th August 2006 regarding which he had gone there. The complainant has further complained that on 14th August,2006 he was taken to Nuwera Elia for a night stay where from he returned to Colombo on 15th August,2006 and finally lodged at Hotel City Colombo.
It is also pleaded in the complaint that due to above said ordeal, the complainant has to undergo hassles & inconvenience as also he missed the meeting on 14th August for which he had traveled to Colombo. The complainant further alleges that he had to make payments at Hotel City Colombo and none of the agents of the OP was there to attend him. His return tickets were however returned to him through driver who had taken him to Kandy and Nuwera Eliya.
The complainant further narrates that on 16th August 2006 he return India with a harrowing experience and was gravely disappointed by the arrangements made by the OP, especially when his scheduled meeting was missed at Colombo as a result the NCHF and the complainant has undergone immense loss due to non-participation of the complainant in the meeting, as above said. This happened due to the poor service provided by the opposite party. The complainant served a legal notice dated 09.10.06 claiming compensation for the physical and mental harassment suffered by him during his visit to Sri Lanka, due to deficiency of service on the part of the OP but the latter did not even respond.
He has pleaded that cause of action accrued to him on 12th August, 2006 when the complainant suffered due to unfair trade practices and deficiency of service on the part of the OP and final when he did not respond the legal notice (supra).Part of cause of action accrued at Srinagar where the complainant resides and works for gain & from where the air tickets etc were booked for the above tours.
The complainant has claimed RS.2 lac, for physical and mental harassment suffered by him besides claiming Rs.25000/-towards the litigation expenses.
Notice sent by the DF through registered post did not return, served or unserved, as such the OP is being preceded ex parte on account of presumption of service, the address being correct.
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In view of the above I seek the advise of the learned experts here in this Forum(lawyersclub),if you were to decide this case, how would you reach a conclusion.
POINTS FOR FOCUS
1. At Colombo, the entire episode is conducted by the alleged AGENT of the OP;
2. OP has not refuted allegations despite service of summons on him (presumed service);
3. Complainant has filed documents referred to in the complaint & beside his affidavit, affidavit of counterpart BB Sharma;
4. Liabilty of the Agent;
5. Whether person talked about & allegedly making arragments at Colombo is REALLY OP’s agent for want of proof;
6. There is an invitation for attending meeting at Colombo but there is no proof whether meeting was really held on scheduled date CANCELLED;
7. Like this many other points which the worthy experts will suggest.
With utmost Regard !
Bhimsen
Devajyoti Barman
(Expert) 13 November 2011
You are curiously enough silent about the origin or role of the so called agent or the OP.
The alleged incidents happened in a foreign country about which the CP Act has certainly no jurisdiction to adjudicate unless this agent or OP is a tour operator having office within the jurisdiction of the concerned Consumer Forum.
If the answer is yes then the forum can well go ahead with the case ex parte if you could prove the service of summons.
Here the question of adjudication is not of holding of cancelling the meeting. The question is whether you got the service as per the agreement for which you have made the payment.
Querist :
Anonymous
(Querist) 13 November 2011
Devajyoti Sir,
The complainant alleges he booked air-tickets & tour programme including booking of hotel from an agent working at Dli and complainant resides at Srinagar/Kashmir where he has lodged the complaint b4 the DF.
DF president says..it is not established who is the agent,whether he works for the OP at Srilanka &,whether OP is liable for his Agent's mistake,if any?
ajay sethi
(Expert) 13 November 2011
1)do you have any document in writing to show that agent was working for OP
2)whether prior to fing of complaint did you issue notice to OP
3) any reply to issue of legal notice
4)in the absence of any documentary evidence it would be difficult to prove that agent was acting on behalf of OP
5) liability is only of agent .
Shonee Kapoor
(Expert) 13 November 2011
Unless you have proper documentation, the case won't stand,.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 14 November 2011
Hello
everybody there !
The complainant has attached P/cs of Air tickets & reservation in Hotel Colombo Plaza,a legal notice to the Prop of Air travel Agency at Dli,letter of invitation for the Meeting at Colombo.....,
There is no proof where did Complainant stay at Colombo.
