Failure to provide assured facilities for a strenuous journey constitutes deficiency in service, leading to compensation for mental agony and extra expenses.

Mr. Justice J.D. Kapoor, President—Appellant was a University student when he engaged the services of the respondent for pilgrimage for Badrinath-Kedarnath Yatra. The complaint seeking compensation on account of deficiency in service by the respondent in not providing the requisite and assured services was dismissed vide impugned order dated 15th March, 1996 being misuse of the process of the Forum and also with an advice to the appellant that he should be more careful in future. Feeling aggrieved the appellant has preferred this appeal.

2. There is no dispute that the appellant booked four seats on 22nd June, 1994 with the respondent and one more seat was added en route against payment of Rs. 4,200/- plus Rs. 1,050/- for Badrinath-Kedarnath Yatra which commenced on 26th June, 1994. Allegations of deficiency in service, in brief, were firstly that at their stop at Rishikesh the respondent did not provide a guide and they had to hire a guide on payment of Rs. 45; secondly, that no accommodation was provided at Srinagar and a trunk call was made to the respondent from Srinagar about the lack of accommodation for which receipt of payment of Rs. 150/- was filed by the appellant, thirdly that he along with other tourist had to make own arrangement at Nala, Badrinath and Peepal Koti and had to pay Rs. 60 and Rs. 80/- to coollies at Srinagar and Badrinath, fourthly that the respondent’s Driver failed to stop at Joshimath and on account of non-availability of a guide, the parents of the appellant could not take a holy dip at Kund at Kedarnath, fifthly that no facility applicable to Super Delux buses was provided inasmuch as the fans were not switched on and the music system remained inoperative and lastly that the bus was never cleaned during the journey.

3. While refuting the allegations of the appellant the respondent came out with the following explanations:

(i) That services of a guide were provided wherever it was required and warranted and as per practice the services of guide at Rishikesh are not required.

(ii) Dormitory accommodation was provided to the appellant and his family members in Shankar Niwas at Srinagar with whom they had arrangement for stay of tourists on every Saturday from 6 p.m. to 6 a.m. commencing from 1.5.1994 and until 31.10.1994.

(iii) The telephone number of trunk call for lack of accommodation made by the appellant did not belong to the respondent.

(iv) As regards the halt at Joshimath during winter season, the Jyoti is brought from Badrinath to Joshimath as it is not practicable to go from Joshimath to Badrinath during winter season.

(v) As regards the fans and music system the fans had to be switched off and the music system was also not playable in order to avoid any disturbance to the Driver on the hilly tracks.

4. We have perused the brochure of entire route programme given to the appellant while booking the aforesaid Yatra. There is a clear provision of halt at Joshimath, Rishikesh and providing highly qualified guide, the fare was also inclusive of both ways transportation and dormitory accommodation where night halt was there enroute.

5. Be that as it may, the fact remained that the appellant had to spend extra amount and suffered inconvenience on engaging the services of the guide, for making a trunk call at the cost of Rs. 150/-, lack of accommodation at Srinagar and also had to spend for transportation charges for going to Srinagar and make own arrangements for halt at Badrinath.

6. Again the bus was Super Delux bus and was supposed to have every type of convenience and facilities. By not providing aforesaid facilities the respondent was guilty of deficiency in service. Whenever consumer or a person engages services for such a long and strenuous journey by incurring extra expenses for Super Delux buses and most of journey happens to be in the hilly area to expect the consumer to engage services of coolies for going to the hilly places falling on the way or live in uncomfortable conditions whenever