M.THANIKACHALAM J. - (1.) Aggrieved by the order of the District Forum in CC.No.101/2003, the opposite party has come to this commission, as appellant.
(2.) Brief facts, unavoidably necessary, for the disposal of the appeal. The complainants, after enquiry about the tour programme, conducted by the opposite party, approached them, to have a tour to Malaysia and Singapore, and by paying a sum of Rs.6,55,584/-, they have booked for a tour to the said country, which is to commence on 22.5.2002, from Chennai, return back to Chennai on 2.6.2002. At the time of booking, the opposite party have informed, that the status of tickets, given to them for the tour are OK tickets. Accordingly, the complainant had been to Malaysia and Singapore, and they have to return to Chennai, by Malaysian airlines, MH616 , which was scheduled to leave Singapore at 19.20 hours, to Kualalampur, connecting MH 0184, to Chennai. To the shock of the complainants, on 2.6.2002, when the complainants are making preparation to commence their return journey, the agent of the opposite party informed that the tickets were not confirmed, resulting they cannot board the flight, as scheduled, further informing the OK status was given in the ticket, for the purpose of obtaining visa. Thus the opposite party has deliberately mislead the complainants, and lured them to undertake the tour, thereby at later point of time, causing inconvenience, mental agony and suffering, including the children and aged persons, who are the patient also, and one of them had to return back to Chennai, to attend his fathers bye-pass surgery on 4.6.2002.
(3.) The opposite party was able to make arrangement only on 4.6.2002, and even then, instead of sending the complainants to Chennai, they were asked to board the flight to Bangalore, thereby causing further inconvenience. At Bangalore also, no arrangement was made to come to Chennai, and from Bangalore, with much difficulties, by road, incurring heavy expenses, the complainants came to Chennai on their own, though the opposite party had agreed to drop the complainants at Chennai, as per the scheduled programme. In this way, the complainants were put to mental shock, physical strain, mental agony and other kind of untold sufferings, for which though they are entitled to more compensation, restricting the same to Rs.3 lakhs, notice issued, which failed to recover the amount, resulting the consumer complaint.;