NAVBHARAT TOURS AND TRAVELS Vs. KALAPI BALVANTRAY SANGHAVI

JUDGEMENT

(1.) Mr. Justice C. V. Jani, President-The appellant in all these ten appeals is M/s. Navbharat Tours and Travels, who renders service of arranging tours and travels to different parts of India for consideration paid by the intending passengers. Ten appeals arise from 10 complaints filed by 10 different consumer-passengers, who travelled under the same package tour commencing on 5.11.1991 and ending on 23.11.1991, and as each of the respondents filed a different complaint for recovering compensation for deficiency in service, and as all the appeals involve the same points, they are taken up together for hearing and are disposed of by this common judgment. The following is the chart of ten complaints filed by 10 different complainants for recovering different amounts by way of compensation from the appellant, which has now filed 10 different corresponding appeals. Appeal no. Com. No. Complainant passen-gers claim in complai-nant award in complai-nant costs rs. Total rs.202/96 100/92 kalapi 3 10,500/-3,000/-500/-3,500/-B Sanghvi 90,000/-750/-1,01,250/-203/96 101/92 sj Jani 3 90,000/-3,000/-500/-3,500/-10,500/-750/-1,01,250/-204/96 102/92 km Shah 4 1,20,000/-4,000/-500/-4,500/-14,000/-750/-1,34,750/-205/96 103/92 rn Soni 4 1,20,000/-4,000/-500/-4,500/-14,000/-750/-1,34,750/-206/96 104/92 mj Thakker 4 1,20,000/-4,000/-500/-4,500/-14,000/-750/-1,34,750/-207/96 105/92 ks Patel 4 1,20,000/-4,000/-500/-4,500/-14,000/-750/-1,34,750/-208/96 142/92 rc Vaishnav 2 60,000/-2,000/-500/-2,500/-7,000/-750/-67,750/-209/96 143/92 s Pandya 1 30,000/-1,000/-500/-1,500/-3,500/-750/-34,250/-210/96 144/92 hp Pandya 2 60,000/-2,000/-500/-2,500/-7,000/-750/-67,750/-423/96 106/92 pk Mehta 6 1,80,000/-6,000 500 6,500 21,000/-750/-2,01,750/-

(2.) The facts are common. The appellant-original opponent had organised a package tour for South India in November, 1991. The complainants, therefore, deposited Rs.3,975/- per passenger, for the services to be rendered by the opponent in the form of hotel accommodation, food of good quality, railway travelling and bus service, as well as breakfast, coffee, tea etc. The passengers were to be taken from Ahmedabad to Madras by railway and from Madras to Bangalore by bus, and to cover religious places like Tirupati Balaji, Srirangapatanam, Pondichery, Mysore, Trichinapalli, Rameshwaram, Kodaikanal, Ootty, Madurai and Bangalore. After the passengers arrived at Madras, they had to travel in an old and dirty bus, and the opponent Navbharat Travel Service had failed to provide 3 x 2 luxury bus from Madras. The passengers had to travel in this bus for 15 days. Complaints were immediately made to the Manager of the travel service with a request to change the bus and such a request was made in writing also at Pondichery and Kanyakumari. Due to such a condition of the bus family members of the complainants fell ill. The bus had broken window panes and some of the glasses of the windows were so tight that they could not be slided or moved even by force. It was alleged that when the bus was proceeding to Ootty, it stopped for 12 hours during night time as there was a heavy rainfall and the opponent did not provide even the break fast. Due to the heavy fatigue, the passengers could not get down for sight seeing. It is alleged that even though only one night journey was to be undertaken as per the schedule, the passengers had to travel in the bus for four nights continuously without taking any rest. It was also alleged that the jumpers of the bus were not in a satisfactory condition and that the passengers had to suffer hardships. It is also alleged that even the bottom and ceiling of the bus was broken and at many places water was leaking inside the bus and the windows could not be closed. Because of such a dilapidated condition of the bus, it could not run at more than 20 kms. per hour. According to the complainants, the travelling for 15 days had become a nightmare. The complainants, therefore, filed 10 different complaints for recovering Rs.3,000/- as compensation per day per passenger and Rs.3,500/- as compensation for food, accommodation and costs etc.

(3.) In the written statement, M/s. Navbharat Tours and Travels admitted that the complainants and their family members were accepted as passengers in tour No.6 for South India, which was subject to the conditions printed on the reverse side of the receipt and the pamphlet was also issued to each passenger containing information about the arrangement made by the travel service. It was denied that the bus provided for the passengers was a third class one and it was not running speedily. It was contended that the bus had to move slowly while climbing the hilly area and also because of the fact that the passengers had taken more luggage and the road was a single track road and the bus had to pass through villages. It was stated that at Pondichery there was some trouble in the bus which had to be repaired.