Chandigarh

DF-I

CC/324/2021

Sumit Sharma - Complainant(s)

Versus

Antilog Vacations Pvt. Ltd. - Opp.Party(s)

Abhishek Kaushik

15 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/324/2021
Date of Institution	:	17.5.2021
Date of Decision	:	15/9/2023

 

Sumit Sharma S/o Mehar Chand Sharma r/o House NO.861, Sector 40-A, Chandigarh 160036.

 

… Complainant

V E R S U S

1. Antilog vacations Pvt. Ltd. Office No.347 Tricity Plaza Peer Muchalla Road Zirakpur, Punjab 140603.
2. Antilog vacations Pvt. Ltd. through its CEO Mr. Abhishek Jaiswal, office No.347, tricity plaza peer Muchalla Road, Zirakpur, Punjab 140603.

 

.  … Opposite Party/Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Sh. Abhisheki Kaushik, Advocate for complainant.
		Sh. Prince Goyal, Advocate for OPs.

Per SURJEET KAUR, Member

     Briefly stated the complainant booked a travel package of foreign destination tour with the OPs for a sum of Rs.2,76,800/-  for the couple, which included flight ticket, ground package for the couple to stay and travel in the that country. The complainant as per terms and conditions paid advance payment of Rs.1,40,000/- to the OPs  on 1.1.2020 through net banking. The Ops confirmed the flight bookings for the foreign trip from 12.5.2020 to 20.5.2020 vide their email dated 7.2.2020. However, due to outburst of COVID 19, the complainant requested the Ops to halt the proceedings of ticket booking. Thereafter on 22.3.2020 the Indian Govt.  has also issued notification for cancellation of all the flights from 24.3.2020 to 14.4.2020 which was further extended to 23.5.2020  in view of COVID 19 pandemic.  On receiving the news of lockdown the complainant tried to contact the OPs for further clarification and refund of the amount but the OPs despite numerous communications and requests  denied refund and asked the complainant to select new travel package that too before 31.3.2021. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed

2. The Opposite Parties in its reply admitted receipt of amount of Rs.1,40,000/- from the complainant, however, stated that the complainant has not paid the remaining amount of Rs.1,36,400/- out of the total package amount of Rs.2,76,800/- as per terms and conditions. It is averred that details of flight tickets  for final confirmation were sent to the complainant but he did not confirm the same despite requests and on 28.2.2020 only the complainant intimated for holding the trip due to increasing COVID 19 and intimated that they are planning to change their trip details due to increasing coronavirus infection cases in Italy.  Thus the complainant kept the matter in abeyance as per his advantage.  It is averred that flight tickets issued to the complainant by the OPs were non-refundable to which the complainant has given specific go ahead/confirmation and now he cannot blow hot and cold. As per cancellation policy of the OPs to which the complainant has specifically agreed to and whereby if the tour package cancelled from the date of booking to 30 days the  cancellation charges shall be 25% of the tour cost.  All other allegations made in the complaint has been  denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. The sole grouse of the complainant through the present complaint is that he paid an amount of Rs.1,40,000/-  to the OPs for  booking of  travel package of foreign trip  which includes flight ticket, ground package  etc.   However due to compelling  circumstances of COVID19  pandemic he could not avail  the facility but till date the OPs has kept the money in its possession.
7. The stand of the OPs is that it is the complainant who kept the tour in abeyance and the amount of ticket  is non-refundable.  It was the choice of the complainant to go ahead to tour as he himself failed to do so, therefore, there is no liability of the OPs .
8. After going through the documents on record it is  admitted factum that during the days when the complainant had to avail the service of OPs for foreign trip, the COVID 19 pandemic was at its peak and time to time instructions were passed by the Government of India  and the State Government and due to compelling circumstances despite his own choice to enjoy the foreign trip he could not avail the disputed air tickets. Keeping in view the peculiar circumstances, the Hon’ble Supreme Court of India  in writ petition (Civil) (dairy No.) 10996 of 2020 titled as Pravasi Legal Cell & Ors. Vs. Union of India and Ors specifically gave instructions to the airlines for refund to their customers.
9. Annexure C-5 is  the circular issued by the Government of India  Director General Civil Aviation placed on record by the complainant which clearly indicates that the Government wanted not even a single passenger to suffer due to the critical natural circumstances, which were neither the hand of the consumer nor the service provider.
10. In the present case also the money paid by the complainant is unused and as per the order of the Hon’ble Supreme Court and also the circular of the Government of India the amount of the ticket was required to be refunded by the OPs but the same was not refunded by them, which caused immense mental agony and physical harassment to the complainant. We feel it is inaction on the part of OP only which forced the complainant to indulge in the present unnecessary litigation.   
11. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. to pay Rs.1,40,000/- with interest @9% P.A.from the date of filing of the present complaint till onwards.
2. to pay Rs.10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.7,000/- to the complainant as costs of litigation.

12.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13. Pending miscellaneous application(s), if any, also stands disposed off
14.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member
15/9/2023
mp