M.THANIKACHALAM J. - (1.) The 1st opposite party is the appellant.
(2.) The complainants/respondents 1 to 4, had undertaken a tour from 10.5.2004 to 26.5.2004, to North India, organized and arranged by the opposite parties, by paying a sum of Rs.5500 + 300/- each, in order to visit Kurukshetra and Budhagaya, in addition to other usual places, which includes train fare, meals and stay. The opposite parties have also agreed to give concession, applicable to Senior citizens, and the complainants 1, 2 and 4, are entitled to the said relief. The opposite parties, failed to take the complainant to Kurukshetra, Budhagaya, having historical background, thereby they have committed deficiency, causing mental agony, hence each complainant is entitled to the refund of the excess amount collected, as well as compensation of Rs.10000/-, and the senior citizens are entitled to the concession granted by the railway, to them. Thus claiming several reliefs, as enumerated in paragraph 11 of the complaint, a case came to be filed before the District Forum, Thoothukudi.
(3.) The 1st opposite party, admitting the tour, as well the collection of amount to some extent, resisted the complaint, contending that the tour arrangement was made, organized only at the instance of the 1st complainant, and as such he has not paid any amount, whereas he had collected the commission also, from the person, who participated in the tour, that only a sum of Rs.4800/- alone was paid, on behalf of he complainants 2 to 4, for which receipt also given, that there was no agreement to take the complaiant to Kurukstra, Budhagaya etc., and in fact they were unable to go to that place, because of the festival, law and order problem, that as per the terms and conditions of the tour programme, complainant is entitled to cut short the programme, which cannot be challenged, thereby praying for the dismissal of the complaint.;