Chandigarh

DF-II

CC/454/2021

Abhinav Sharma - Complainant(s)

Versus

Annu Tours & Travels Having its Corporate Office At NBC Complex - Opp.Party(s)

Nikhil Anand Adv.

07 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	454/2021
Date of Institution	:	19.07.2021
Date of Decision	:	07.09.2022

 

                     

            

 

 

1.  Abhinav Shrama s/o Sh.Rajesh Sharma aged 38 years r/o # 2389, Sector 35-C, Chandigarh.  

2.  Nishant Bhardwaj s/o Sh.Col.Inder Mohan aged 33 years r/o # R-260, AWHO, Army Flats, Sector 4, MDC, Panchkula -134114 presently resident at # 2389, Sector 35-C, Chandigarh.  

                 ...  Complainants.

Versus

1.  Annu Tours & Travels having its Corporate Office at NBC Complex, Floor No.4, Office No.423, Near Belapur Station, Navi Mumbai-400164 through its Managing Director.

2.  Annu Tours & Travels having its Sales Office at B-01, Mohta Building No.4, Bhikaji Cama Place, New Delhi-110066 through its Managing Director.

3.  Thai Airways International Public Company Ltd., having its Sales Office at Unit No.305, 3^rd Floor, Embassy Square, 148 Infantry Road, Bengaluru 560001 through its Managing Director.

…. Opposite Parties

 

BEFORE:
	SMT.PRITI MALHOTRA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Anirudh Gupta, Adv. for the complainant OPs exparte.

PER B.M.SHARMA, MEMBER

1.     Briefly stated, the facts of case as alleged by the complainants are that they booked a holiday package in the month of December, 2019 for travel from Delhi to Thailand and Singapore from 21.02.2020 to 29.02.2020 for their family members as mentioned in para 1 of the complaint (Rs.1,00,000/- per head) with the OPs.  The complainants paid Rs.1,60,000/- through online transfer in two installments, one of Rs.1,00,000/- and another of Rs.60000/- in December, 2019 to the OPs.  The family members of the complainants were to board the Thai Airways Flight on 21.02.2020 from Delhi to Bangkok and thereafter from Bangkok to Singapore on 26.02.2020 and finally Singapore to Bangkok and Bangkok to Mumbai on 29.02.2020.  The complainants alleged that due to Covid-19 pandemic, all the travel activities around the world were put to halt and, therefore, vide e-mail dated 30.01.2020, they requested the OPs to cancel the trip and to refund the deposited amount.  However, the OPs No.1 and 2 have agreed to refund Rs.60,000/- out of Rs.1,60,000/- which was already lying deposited with them.  On 06.03.2020, Ms.Amita informed the complainants through message that the remaining amount would be refunded by 15.03.2020 but to no effect.  It has been averred that the OPs have failed to refund the remaining amount despite their repeated requests sent through e-mails, personal visits and service of the legal notice dated 16.03.2021 and till date they have refunded only Rs.30,000/- out of Rs.1,60,000/- and still Rs.1,30,000/- remains to be paid. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainants have filed the instant complaint. 
2.     Despite due service through publication, the OPs have failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 12.04.2022.
3.     We have heard the Counsel for the complainant parties and have gone through the documents on record.
4.     From the perusal of the documentary evidence available on file and the averments made in the complaint supported with affidavit, it is evident that the complainants got cancelled the flights due to covid-19 pandemic and sought the refund of Rs.1,60,000/- paid to the OPs. However, the OPs have refunded only a sum of Rs.30,000/- instead of refunding the whole amount of Rs.1,60,000/- and retained the remaining amount of Rs.1,30,000/- without any rhyme or reason. The said amount has not been refunded to the complainants despite their repeated e-mails and service of the legal notice, which amounts to deficiency in service as also indulgence into unfair trade practice. 
5.     The opposite parties chose not to contest the case despite giving numerous opportunities.  Therefore, in the absence of any rebuttal from the side of the opposite parties, the version of the complainants, supported by the duly sworn affidavit of the complainant No.1, must prevail.  Failure on the part of the opposite parties to refund the amount of Rs.1,30,000/-, therefore, amounts to deficiency in service as well as indulgence into unfair trade practice and the complaint deserves to be allowed. 
6.     In view of above observations, the present complaint is allowed against the Opposite Parties with directions as under:-

 

1. To refund Rs.1,30,000/- to the complainant along with interest @ 7% p.a. from the date of cancellation i.e. 30.01.2020 till its realization.  
2. To pay Rs.7,000/- to the complainant towards compensation for harassment
3. To pay Rs.5,500/- as litigation expenses.

7.     This order be complied with by the OPs, within 30 days from the date of receipt of its certified copy, failing which the awarded amounts at Sr.No.(a) & (b) shall carry interest @ 9% per annum from the date of this order till actual payment.
8.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 07/09/2022
	Sd/- (PRITI MALHOTRA) PRESIDING MEMBER
	Sd/- (B.M.SHARMA) MEMBER