MOOT PROPOSITION

1. Bindia, a sovereign, socialist, secular, democratic and republic country, had gained
independence in 1947 and its Constitution had come into force on January 26, 1950. A
country with vast historical and cultural experience, Bindia was home to people
belonging to different religions and ethnicities. The majority population of the country
followed the Bindoo religion and constituted about 80% of the total population.
2. Every year, a large number of Bindoos go to the Prathnath Yatra in February, a
pilgrimage dedicated to the Supreme God of the Bindoos. The bookings for the yatra
begin in the first week of December and the spots are usually filled within a few days of
the opening. Trip Makers Pvt. Ltd., a travel agency located in Bindore city in Central
Pradesh state, offered an exclusive tour package covering the Prathnath Yatra. The
detailed package along with terms and conditions is attached as Annexure A1.
3. The package was officially launched on 01.12.2021 and it received an overwhelming
response from the people as it offered great deals and services at highly competitive,
affordable and attractive prices. The travel agency had a cap of 30 tourists which got
filled in 15 days, i.e. by 15.12.2021. The entire package was purchased by ‘Second
Innings Old Age Charitable Trust’ located in Scindia city in Eastern Pradesh. The
charitable trust receives money in form of donations from within the country and also
from NRI’s as many of the NRI’s old parents spend the last phase of their life in the old
age home run by the charitable trust. All the payments to Trip Makers were made from a
bank located in Scindia city.
4. On 19.01.2022, the package buyers received an email from the travel agency stating that
the District Police had revised the VIP entry rates from INR 500 to 1500 on 16.01.2022.
Therefore, an additional amount of INR 500/- was demanded from each buyer in order to
be eligible for availing benefits of the package, wherein Trip Makers decided to bear 50%
of the liability pertaining to the increase in prices.
5. As the ‘full refund cancellation period’ had lapsed, the Charitable Trust was left with no
option but to pay the extra amount.
6. The Yatra tour offered by Trip Makers commenced on 01.02.2022. The pilgrims had
expected that they would be taken to Le Maddison, a 3-star property, as per the

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 advertisement (refer to Annexure A2). However, instead of Le Maddison, they were
taken to Blu Maddison, a subsidiary property of Maddison Group. Tired from the long
journey, the pilgrims had no other option but to stay in Blu Maddison.
7. The travel agency has advertised that the Maddison hotels are situated in natural
surroundings and provide a serene and comfortable stay unlike other hotels situated in the
nearby towns and cities. The next evening when pilgrims had come tired after visiting the
temple situated on the hilltop; they were surprised to see a marriage cocktail party going
on the lawns of the hotel. The playing of music on amplifiers and dancing continued till
midnight. The pilgrims staying in the hotel were disturbed by the ongoing party and had
sleepless nights. The yatris complained about the discomfort to the manager of the hotel
as well as the travel agency. On the third night, a reception party was organized by the
hotel and the same disturbance was felt by the pilgrims. On the telephone, the pilgrims
appraised the head office of the travel agency about their plight but the manager of the
travel agency showed indifference and expressed his inability to do anything in the
current situation.
8. When the hotel manager was asked about the situation, he said that for the past 2 years
due to COVID-19 lockdowns and curfews, the hotel business is running into loss. Due to
this, one-third of the staff has been laid off. To overcome the losses and to keep the hotel
running, the hotel has recently started organizing parties on its lawns. He also said that
the travel agency was aware of the fact that Maddison hotels have started organizing
other parties on its properties as a kiosk of Trip Makers is situated in the Maddison Hotel
premises. The pilgrims complained that this created a lot of trouble for the elderly
citizens as they had expected a comfortable stay.
9. Upon return from the Prathnath Yatra, the Second Innings Old Age Charitable Trust
decided to file a complaint at the Scindia District Consumer Redressal Commission. The
Trust filed an official consumer complaint against Trip Makers on 25.03.2022 alleging
that the act of the respondent company of charging an additional INR 500/- per person for
VIP entry to the main shrine despite having paid the amount well in advance amounts to
unfair trade practice. The complainant has further alleged deficiency of service on the
part of the respondent company.

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10. On account of all these allegations, the complainant Trust asked for an amount of INR
15,000/- as a refund pertaining to extra VIP ticket charges. Furthermore, the complainant
seeks INR 5,00,000 as compensation for deficiency of services on account of the
respondent for the discomfort caused to the pilgrimage due to stay at subsidiary property
and sleepless nights caused by late-night parties held at the premises of the hotel.
11. The Scindia District Consumer Redressal Commission admitted the complaint on
01.04.2022 and issued a notice to the Trip Makers to file a written reply. Trip Makers
filed their written reply at the Scindia District Consumer Redressal Commission on
21.04.2022 challenging the maintainability of the complaint filed on the grounds that
Second Innings Old Age Charitable Trust does not fall within the definition of a
‘consumer’. Among other things, they had contended that the price hike was as per the
government regulations and does not amount to unfair trade practice on their part.
12. The matter is listed for final hearing before the Hon’ble Scindia District Dispute
Redressal Commission on 06.05.2022 in which the following issues have been raised:
A. Whether the complaint filed by Second Innings Old Age Charitable Trust is maintainable
or not?
B. Whether the act of Trip Makers charging an additional INR 500/- per person for VIP
entry amounts to unfair trade practice?
C. Whether the act of Trip Makers to provide pilgrims accommodation in a subsidiary hotel
rather than a 3-star hotel and disturbance caused due to the partying and loud music
makes the Trip Makers liable for deficiency in service?

(Argue on Behalf of Second Inning Old Age Charitable Trust & Trip Makers Pvt. Ltd.)

NOTE:

● The laws of Bindia are in pari materia with the laws of the Union of India.
● The participants are free to argue upon additional issues

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 ANNEXURE A1 (PRATHNATH YATRA PACKAGE)

TRIP MAKERS PRESENTS ‘THE PRATHNATH YATRA PACKAGE 2022’

Enjoy an all-inclusive 3 nights & 4 days package to the Prathnath Dham and have a memorable
experience! The package is detailed as follows:

a. Date of Departure: 01.02.2022

b. Date of Return: 04.02.2022
c. Number of Seats Available: 30
d. Package Pricing: INR 23,500/- per person

(i) VIP Entry Ticket Fees: INR 500/-

(ii) Travel and Sightseeing Expenses: INR 5000/-
(iii) Accommodation at Maddison (Inc. Breakfast & Dinner): INR 18000/-

e. The package is subject to government guidelines and regulations pertaining to the

Prathnath Yatra. The travel agency reserves the right to make necessary changes as per
the changes in government rules and regulations.
f. In case of cancellation, a full refund will be provided to the package buyer, subject to the
condition that such cancellation shall be made at least 14 days prior to the date of
departure. Any cancellation made less than 14 days before the date of departure will be
subject to at least a 50% deduction of the total package amount plus cancellation charges.
g. The journey is subject to terms and conditions. By availing of this package, the buyers
accede to the terms and conditions mentioned in this package.

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ANNEXURE A2 (TRIP MAKERS PRATHNATH YATRA
ADVERTISEMENT)

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