Tour operators are liable for deficiency in service if they fail to provide the contracted bus and itinerary, causing mental agony and hardship to the complainants.

Thiru Justice E.J. Bellie, President—This complaint is by 57 persons. Complainant Nos. 2 to 57 are represented by their Power of Attorney Agent-lst complainant. According to the complainants, the 1st complainant is their Guruswamy for their Sabarimala pilgrimage. The complainant Nos. 2 to 57 are the devotees who wanted to go on a pilgrimage alongwith the 1st complainant. They wanted to engage a bus for that from the 1st opposite party-M/s. Neela Travels of which the 2nd complainant is the Managing Partner. The opposite parties agreed to provide a contract carriage bus with 57 authorised seats plus 1 conductor seat for 8 days from 1.1.1996 to 8.1.1996 for an amount of Rs. 29.200/-. The 2nd opposite party gave a tour programme in his letter head to the complainants which was to commence at Madras and go through Thiruverkadu, Tiruthani, Melmaruvathur, Kovai, Marudhamalai, Porur, Palani and back to Madras. This tour programme was distributed among the complainants. Accepting this tour programme, the complainants paid an advance of Rs. 1,100 /- on 19.11.1995; Rs. 7,700/- on 13.12.1995; Rs. 11,500/- on 23.12.1995 and Rs. 7,000/- on 31.12.1995 and for these amounts the 2nd opposite party issued receipts. Regarding the remaining amount of Rs. 2,300/-, it was agreed that it would be paid to the bus crew enroute as and when they damanded. The Irumudi pooja was fixed at 6.00 p.m. on 31.12.1995 at Ellamuthu Mariamman Koil. The 1st opposite party agreed to send the bus at that place at the early morning hours of 1.1.1996. But the opposite parties did not send the bus as agreed. Instead, at 10 a.m. the 1st opposite party sent three vans and the complainants were transported from Korukkupet to Thiruverkadu. The complainants were given to understand that the bus was already there at Thiruverkadu. But when they arrived at Thiruverkadu at 12 Noon no bus was there. They were waiting there in the open ground without any shelter for about 12 hours. At about 11 p.m., a bus of the opposite parties with just 35 passenger seats came there. The complainants having already commenced their tour with the Irumudi pooja, they had no option but to get into that bus. Since there were no individual seats for all the passengers, many of them had to travel sitting on the floor of the bus. Their journey from Thiruverkadu upto Madurai was a nightmare and the complainants had undergone great hardship physically and mentally. Except for a brief halt on the way, the bus proceeded non-stop and arrived at Madurai at 9 a.m. on 2.1.1996. The complainants alighted from the bus at the Mariamman Teppakulam and from there the bus was taken away by the crew on the promise that they would come with a bus with 57 seats to take them to Sabarimala. On the way from Madras Thiruverkadu to Madurai, they were not taken to Tiruttani, Melmaruvathur, Tiruchi Samayapuram as agreed. They were deprived of worshipping God in those places. The crew did not come with a bus as they told. The complainants were left high and dry at Madurai from 2.1.1996 to 4.1.1996. After waiting for a few hours, the 1st complainant contacted the opposite parties at Madras through STD and the opposite parties assured the complainants that the bus would come for their journey. The 1st complainant made further STD calls and he received further assurance. For the STD calls, the complainants have spent a sum of Rs. 400/-. Since the bus did not come, they lodged a complaint with the Teppakulam Police Station against the opposite parties. The Inspector contacted the opposite parties over phone and the opposite parties assured the Inspector also that the bus would arrive. The Inspector made arrangements for the complainants' stay at a choultry of the Mariamman Temple. On 4.1.1996, the 1st complainant submitted a Memorandum to the District Collector, Madurai for his intervention and to make the opposite parties to do the necessary arrangements for their onward journey. Due to the immediate action taken by the Distr