Bus Breakdown, No Effective Alternative Arrangement: Delhi State Consumer Commission Holds Dewan Worldwide Holidays Deficient in Service

The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Ms. Pinki (Judicial Member), dismissed the appeal filed by M/s Dewan Worldwide Holidays and upheld the order passed by the District Forum. The Commission held the tour operator liable for deficiency in service on account of its failure to make effective alternative arrangements following the breakdown of the tour bus, which resulted in disruption of the scheduled tour programme. Brief Facts Ishwar Dayal Sharma and Sunita Sharma, the complainants, had booked a 14-night and 15-day European tour covering nine countries, organised by M/s Dewan Worldwide Holidays, at a cost of ₹2,20,000 per person. There was no grievance regarding the entire tour except for the events of 18.05.2017. On 18.05.2017, while travelling from Paris to Titisee, Germany, the tour bus broke down around 11:30 a.m. The bus was taken to a workshop and, after temporary repairs, resumed the journey, but developed another technical fault within a short distance and stopped again on the highway. Despite assurances, no effective alternative bus arrangement was made for several hours. During this period, the complainants and other group members were served inferior re-freshments, contrary to the promised standard. As no alternative bus was arranged until about 10:30 p.m., and following protests by the complainants, the opposite parties arranged private taxis to transport the group to an unscheduled lodge. As a result, the scheduled stay and sightseeing in Germany could not be undertaken. Instead of the scheduled stay at the four-star hotel in the Black Forest region, the com-plainants and other group members were compelled to stay at a lodge with inadequate fa-cilities. On 20.05.2017, the tour manager circulated a WhatsApp message suggesting that German sightseeing had been completed. However, the entire sightseeing programme in Germany, including visits to Titisee and the Black Forest region, stood cancelled. Aggrieved by the deficiency in service arising from the disruption of the tour programme and failure to provide the promised facilities, the complainants filed a complaint before the District Consumer Disputes Redressal Commission. The District Commission directed the opposite parties to pay ₹25,000 each to the complainants for deficiency in service, along with ₹20,000 each as compensation for physical and mental harassment, and ₹10,000 to-wards litigation costs. Aggrieved, the opposite parties preferred an appeal before the State Commission. Submissions of the Opposite Parties The opposite parties contended that the bus breakdown was beyond their control and that adequate alternative arrangements regarding food, accommodation, and transport had been made. They further argued that awarding separate amounts for deficiency in service, men-tal harassment, and litigation costs amounted to double compensation and resulted in unjust enrichment. Observations of the Commission The State Commission noted that the breakdown of the bus on 18.05.2017 caused substan-tial inconvenience to the complainants, who were senior citizens, and resulted in disruption of the scheduled tour programme. It observed that no effective alternative arrangement was made on the same day, compelling the complainants to spend the entire day in uncer-tainty and to stay at an unscheduled place. Rejecting the contention regarding double compensation, the Commission held that the amounts awarded for deficiency in service, physical and mental harassment, and litigation costs were reasonable and justified, considering the hardship suffered. The Commission further observed that the District Forum had adopted a fair and balanced approach by con-fining the relief to the disruption of one day only, and not the entire 15-day tour, and that the compensation did not amount to unjust enrichment. Finding no illegality or infirmity in the District Forum's order, the State Commission up-held the findings of deficiency in service and dismissed the appeal. Case Title: M/s Dewan Worldwide Holidays v. Ishwar Dayal Sharma Case No.: FA-582/2019 Click Here To Read/Download Order

Bus Breakdown, No Effective Alternative Arrangement: Delhi State Consumer Commission Holds Dewan Worldwide Holidays Deficient in Service

Muhammed Razik

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