BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.120 of 2015
Date of institution: 16.03.2015
Date of Decision: 11.09.2015
Sahil Dhiman son of Gurmukh Dass Dhiman, resident of 4589 (G.F.) MIG Super, Sector 70, Mohali.
……..Complainant
Versus
1. Amazing Super Travel Time, Shop No.5, Gupta Tower-1, Block-G, PVR Complex, Vikas Puri, New Delhi 110018.
2. Amazing Super Travel Time, O-96, 1st Floor, New Mahavir Nagar, Vikas Puri, Outer Ring Road, New Delhi 110018.
3. Amazing Super Travel Time, Branch: 23 A, Ground Floor, Pocket DG2, Near Allahabad Bank, Vikaspuri, New Delhi 110018.
4. Amazing Super Travel Time, Plot No.A2B/94A, Ekta Apartment, Paschim Vihar B Block, Delhi 110063.
5. Home Addresses: G1-565, Uttam Nagar, 2nd Floor, New Delhi.
6. House No.186, Matiala Village Uttam Nagar, West Delhi.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
Opposite Parties exparte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OPs’) to:
(a) apologize for the inconvenience caused to the complainant.
(b) refund the amount of Rs.15,000/- to the complainant.
(c) pay him Rs.15,000/- towards physical strain and mental agony.
(d) pay him Rs.1,000/- towards costs of litigation.
The case of the complainant is that he booked an intentional travel package for Thailand/Bangkok on 09th January, 2015 by paying Rs.15,000/- as advance payment. The complainant did not receive any air tickets/vouchers till 25th January, 2015. The OPs did not response to the calls and messages of the complainant. Ultimately the complainant asked the OPs to refund the advance amount if the package cannot be booked which has not been refunded till the date of filing the complaint. As per the complainant this act of the OPs is deficiency in service and unfair trade practice which has caused him mental agony and financial loss. With these allegations the complainants have filed the present complaint.
2. After admission of the complaint, notices were sent to the OPs by registered post. As per the trailing report of India Post site, the notices were delivered on the OPs through OP No.5 on 18.06.2015. However, none appeared for them. Thus, the OPs were ordered to be proceeded against exparte vide order dated 06.07.2015.
3. To succeed in the complaint, the complainant proved on record affidavit Ex.CW-1/1 and tendered in evidence documents Ex.C-1 to C-3.
4. We have heard the complainant and have also gone through their record.
5. The complainant booked an international air travel package for Thailand/Bangkok on 09.01.2015 and paid an advance sum of Rs.15,000/- to the OPs. Before booking intentional travel package for Thailand/Bangkok the complainant has exchanged various e-mails with the OPs Ex.C-3 to know the rates of booking and other conditions as per booking policy of the OPs. Perusal of the e-mails show that the complainant was informed by the OPs that as per the booking policy the complainant must pay a sum of Rs.15,000/- per person or 50% of the total holiday package cost and the complainant was informed the details of the banker of the OPs for deposit of the amount i.e. the HDFC Bank account name: Amazing Super Travel Time Pvt. Ltd., Account No.50200002902710, Branch A-3/11 Janak Puri, New Delhi 110058. As per the information exchanged between the parties, the complainant showed his keenness to book 5 nights/six days Thailand package Ex-India on 09.01.2015 and deposited Rs.15,000/- in the account of the OPs i.e. HDFC Account No.50200002902710 vide deposit slip Ex.C-1 on 09.01.2015 for air tickets/vouchers for 25.01.2015. The grievance of the complainant is that after deposit of said amount, the OPs have neither informed him about the issuance of ticketsHD
nor updated him about the status of the deposited amount and thereafter having no response from the OPs, the complainant has asked for refund of the deposited amount and the OPs have agreed to refund the deposited amount as they have shown their inability to book the package. In order to refund the amount they have asked the account number of the complainant. The complainant complied with the same as bank details have been messaged to the OPs on 23.01.2015 vide Ex.C-2 but still the money has not been refunded to the complainant so much so that the OPs are deliberately not taking the calls of the complainant. The complainant sent e-mail to this effect to the OPs on 28.01.2015 and the said e-mail still remained unattended which is followed by reminder dated 23.02.2015. In order to prove the payment of amount, the complainant has relied on Ex.C-1 i.e. the deposit slip issued by the bank which shows that the bank account number and the name of the OPs are same as has been mentioned by the OPs in their e-mail dated 09.01.2015 Ex.C-3. After receipt of the said payment, the OPs have failed to issue the air tickets or take any steps in furtherance of the correspondence exchanged between the parties regarding 5 nights/six days Thailand package Ex-Delhi. Further the e-mails exchanged between the parties from 09.01.2015 to 23.02.2015 vide which the complainant has been following up with the OPs, initially for tickets and complete itinerary and thereafter seeking refund of the deposited amount of Rs.15,000/- has remained unanswered in the hands of the Ops as the complainant has proved the exchange of e-mails Ex.C-3. Therefore, the act of the OPs without providing any services having received Rs.15,000/- from the complainant and retention of the same till date is an act of deficiency in service and unfair trade practice on the part of the OPs for which the complaint deserves to be allowed and the complainant deserves to be compensated.
6. In view of above discussion, the complaint is allowed with the following directions to the OPs;
(a) to refund to the complainant his deposited amount of Rs.15,000/- (Rs. Fifteen thousand only) with interest thereon @ 9% per annum from the date of receipt i.e. 09.01.2015 till actual payment.
(b) to pay to the complainant a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) for mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
September 11, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
