BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.
Complaint Case No.287 of 2019.
Date of instt.:02.09.2019.
Date of Decision:18.03.2021.
- Ashok Garg aged about 67 years son of Sh. Chaman Lal.
- Manju Garg aged about 58 years, wife of Sh. Ashok Garg, both residents of Aarogya Sadan, Pehowa Chowk, Kaithal.
……….Complainant. Versus
Add My India Trip through owner/prop. Sh. Amit Kumar, O/o G 24, Vardhman, Appenzeli Plaza, Pocket No.6, Mayur Vihar, Phase-III, New Delhi-96 (M) 97114-22280.
..………OP.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present : Sh. Dinesh Bhardwaj, Advocate for complainants.
OP already exparte.
ORDER
D.N.ARORA, PRESIDENT
The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 with the averments that the Op deal in the business of tour and travel for the willing customers under the name and style of Add My India Trip to conduct tour packages for various destinations. It is alleged that the complainants contacted the Op for arranging CHAR DHAM YATRA (Uttarakhand) w.e.f. 15.05.2019 (morning) to 23.05.2019 (evening) which includes total 8 nights 9 days package for two adults for amounting to Rs.1,10,000/- duly paid to the Op via net banking. It is further alleged that the above-said package included Helicopter services for Kedarnath Dham from Phata/Gupt Kashi which was not made available by the Op despite many reminders and request for the same, whose expenses are included in the above-said package. In lieu of that, they were assured by the Op to refund the amount of Rs.8,000/- per passenger total amounting to Rs.16,000/- before the completion of tour package i.e. 23.05.2019. It is further alleged that similarly at Yammotri Dham, Palki was assured for the passengers but could not be fulfilled as promised by the Op despite many reminders and request for the same whose expenses are included in the above-said package. In lieu of that, they were assured by the Op to refund the amount of Rs.3,000/- per passenger total amounting to Rs.6,000/- before the completion of tour package i.e. 23.05.2019. Although the journey was completed on 23.05.209 but no refund was made by the Op for the amount of Rs.16,000/- (Refund of helicopter service) plus Rs.6,000/- (Refund of Palki service) total amounting to Rs.22,000/- till date. So, it is a clear cut case of deficiency in service on the part of Op and prayed for acceptance of complaint.
2. Upon notice, the Op did not appear and the service of Op was effected through publication but despite publication, the Op did not appear and opted to proceed against exparte vide order dt. 28.01.2021 of this commission.
3. The complainant tendered in evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C4 and thereafter, closed the evidence.
4. We have heard the learned counsel for complainant and perused the case file carefully and minutely.
5. From the pleadings, it is clear that the complainants contacted the Op for arranging CHAR DHAM YATRA (Uttarakhand) w.e.f. 15.05.2019 (morning) to 23.05.2019 (evening) which includes total 8 nights 9 days package for two adults for amounting to Rs.1,10,000/- duly paid to the Op via net banking as per statement of account Annexure-C2 and Annexure-C3, vide which it is clear that Rs.60,000/- have been transferred in the account of Op on 29.04.2019 and Rs.50,000/- have been transferred on 15.02.2019. According to the complainants, the above-said package included Helicopter services for Kedarnath Dham from Phata/Gupt Kashi which was not made available by the Op despite many reminders and request for the same, whose expenses are included in the above-said package. In lieu of that, they were assured by the Op to refund the amount of Rs.8,000/- per passenger total amounting to Rs.16,000/- before the completion of tour package i.e. 23.05.2019. Similarly at Yammotri Dham, Palki was assured for the passengers but could not be fulfilled as promised by the Op despite many reminders and request for the same whose expenses are included in the above-said package. In lieu of that, they were assured by the Op to refund the amount of Rs.3,000/- per passenger as palki charges total amounting to Rs.6,000/- before the completion of tour package i.e. 23.05.2019. Although the journey was completed on 23.05.209 but no refund was made by the Op for the amount of Rs.16,000/- (Refund of helicopter service) plus Rs.6,000/- (Refund of Palki service) total amounting to Rs.22,000/- till date.
The complainants have supported their versions by filing affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C4. The complainants have mentioned all the averments in the affidavit Ex.CW1/A so set out by them in the complaint. Whereas, on the other hand, the Op did not appear despite publication and opted to proceed against exparte. We have perused the detail of tour programme Annexure-C1, wherein it is mentioned that “Package cost inclusive of Transportation + Accommodation + Kedarnath Heliopter and 1 Kedarnath Helicopter @ Rs.8000/- for child of 3 years old”. So far refund of the helicopter charges, it is clearly mentioned that there are Rs.8,000/- per person. As per version of the complainants, it is mentioned that they could not travel through helicopter, so, the Ops failed to give the service of helicopter to the complainants. In this regard, the complainants also filed the affidavit as-well-as the detail of tour package mentioned above. So far the question of refund of palki charges is concerned. The complainants stated that they could not avail the service of palki facility in Yammotri Dham. We have perused the confirmation voucher of Add My India Trip as per Annexure-C4, wherein it is mentioned that “Palki Charges in Yamanotri is included” but the rate of palki charges is not mentioned in the said document. In the absence of any rate of palki charges, we are unable to assess the amount of palki charges. Hence, the said contention of complainants that they are entitled for refund the amount of palki charges amounting to Rs.6000/- has no force. The evidence produced by the complainants goes unrebutted and unchallenged. So, we have no option except to accept the versions of the complainant qua helicopter charges. Hence, we are of the considered view that the complainants are entitled to refund the amount of Rs.16,000/- as helicopter charges mentioned above from the Op. Hence, there is deficiency in service on the part of Op.
6. Thus, as a sequel of above discussion, we allow the complaint partly and direct the Op to refund Rs.16,000/- to the complainant alongwith interest @ 9% p.a. from the date of filing of present complaint till its realization and further to pay Rs.3000/- as lump sum compensation on account of harassment and mental agony. The Op is also directed to pay Rs.3,000/- as litigation charges to the complainants. Let the order be complied with within 45 days from the date of preparation of copy of this order. A copy of said order be sent to the parties free of cost. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:18.03.2021.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
