A.K.ANNAMALAI, J. - (1.) F.A. No. 467/2009 Opposite party is the appellant. Complainants are the Respondents. The Opposite party aggrieved by the order of the District Forum come forward with this appeal claiming to set aside the order of the District Forum. F.A.No.515/2010 The unsatisfied complainants are the appellants claiming enhancement of award as per the prayers made in the complaint.
(2.) The complainant participated the tour arranged by the opposite party by paying Rs.10,000/- as advance on 12.4.06 for the entire cost o rs.18,500/-. For the proposed tour to Agra, Delhi, Simla, Kulumanali and Amritsar and other places by starting from 14.5.06 which was subsequently postponed to 21.5.06 on which date from Salem through Kongan Express fast train complainant along with 4 years old son and other four members started the tour and on reaching Agra on 23.5.06, as per the letter given by the opposite party his representative who had to make arrangements for the tour did not turn up and after some time in the night by contacting the opposite party a car was received with the driver and because of the language problem the complainant not accompanied with him and by stay at Agra on his own fund and on 24.5.06 when awaited for representative of the opposite party after vacating the hotel at 10.00 am without the opposite party?s representative or guide a car alone came and through which they visited Tajmahal and as no arrangements were made the complainant by making their own arrangement visited the place and spent money for their food and subsequent stay. On reaching Delhi at about 11 pm on 25.6.07 the driver arranged for the room and for the next day as no representative was present and with the help of car driver they have visited the place at Delhi and returned to the room on that night one Kumar one guide Anand came and who insisted for the balance amount of Rs.8,500/- and thereby as the opposite party has not made arrangement for the proper tour program, the amount was not paid and when the complainant offered to pay the balance amount after deducting the expenses already made it was refused and the person left the place and thereby complainant returned on his own and reached Namakkal on 27.6.07 and thereby there was deficiency of service on the part of the opposite party and claiming Rs.10,000/- for the refund of advance and the expenses of Rs.10,000/- and another one line for mental agony and Rs.5,000/- as costs the complaint was filed.
(3.) The opposite party denied the allegations of the complainant and contended that the complainant has not paid the balance amount and due to the poor participation of persons the tour was postponed from 14.5.06 to 21.5.06 and all the arrangements were made for their visit of tour places at Agra and Delhi and the representative and his guides for their stay in hotel and the visit places scheduled and the entry tickets for places were purchased by the opposite party. In spite of the car was arranged for the visit of Simla and Kulumanali by paying the balance sum of Rs.8,500/-. The complainant refused to accept the same and discontinued the journey voluntarily. The complainants showed a supine indifference and carelessness and break the journey on their own accord without any reason and thereby they cannot take advantage of their own mistake and there was no deficiency of service.;