Consumer
PRAKASHCHANDRA MARU
(Querist) 05 July 2014
This query is : Resolved
Hello all learned,
I have lodged complain before the consumer court regarding the deficiency in services that the tour operator did not provided any facilities which was given me in rough paper by his own hand writing and also not provided the fully facilities which was in his plan. There are many passangers having the various kinds of the plan with me most of all tolerate all but I have not taken anybody’s address of contact number but when I returned from journey I have lodged complain.
The tour operator replied my complain in forum and stated before forum in his reply that Rs. 50,000 due of him thus the present complain I have filed. He also presented the bogus bill as he created he has not given any kind of bill in past and I have paid the all amount at the same time when the transaction done.
Another thing he has done that the other two persons’ affidavit produced before the forum stating that he has no any trouble in tour and satisfactory finished the tour.
Therefore I given application stating that there are too many tourist having various kinds of plan and many persons were not satisfied and it is possible as per the plan of them who produced the affidavit may be satisfied but as per my plan tour operator not provided the facilities and I was not satisfied. So I lodged application u/s 151 of C.P.C. for the inherent power and section 13 (4)of consumer act to provide the all papers of the tour operators having the details of the tourist plan and facilities provided by them.
Now learned lawyers my question is that suppose if my application reject then I will appear before state to challenge the order of the district forum in my application. Then to stop the proceedings of the district forum I have to give application if yes under which section pls inform me.
ajay sethi
(Expert) 05 July 2014
contest your case before district forum only . no need to appeal before state commission .
you have good case on merits will definitely succeed . the absurd claim of tour operator is an after thought .
Rajendra K Goyal
(Expert) 05 July 2014
First proceed with your claim at the district forum on merits.
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
Even in my opinion you have a very strong case to prosecute the erring tour operator. He may asked to produce the authors of the affidavit before the forum to testify their version in the affidavit without which it can be held as fabricated document and thus invalid in law. Now he will come out with many after thought ideas, which you can challenge appropriately. Better pursue the case in the district forum itself, don't worry, your application will not be rejected.
