Chandigarh

DF-II

CC/200/2023

RITIKA GARG - Complainant(s)

Versus

ANURAG SHARMA, PROPRIETOR M/S START YOUR TRAVEL ADVENTURE - Opp.Party(s)

SH. P.K KUKREJA AND ANSHUL KUKREJA

15 Apr 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	200 of 2023
Date  of  Institution	:	03.04.2023
Date   of   Decision	:	15.04.2024

 

 

 

 

 

Ritika Garg, aged about 33 years, d/o Sh.Sanjay Goel, Resident of House No.3071, Sector 27-D, Chandigarh

             …..Complainant

 

Versus

Anurag Sharma, Proprietor, M/s Start Your Tarvel Adventure, Asha Home Stay, top floor, Village Mohari, Near Fru, P.O. Shoghi., Shimla, Himachal Pradesh 173219

     ….. Opposite Party

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Argued by:-     Sh.Anshul Kukja, Counsel for the complainant

None for the OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that on being allured by the advertisement of the OP about providing Tour Packages including providing Hotels and air-tickets, the complainant approached it for availing tour package for four night and five days to Kerala from 21.12.2022 to 25.12.2022 for herself and her mother.  The OP demanded an amount of Rs.1,13,600/- vide Ann.C-3 against the earlier demand of Rs.48,500/- for the tour package and Rs.48000/- for to & fro air fare cost of two persons.  However, the complainant paid Rs.1,10,000/- to the OP during the period from 16.11.2022 to 03.12.2022 (Ann.C-4 to C-9). It is averred that the complainant also availed leave from her employer for the tour period and also done shopping.  It is also averred that the OP shared the hotel booking details (Ann.C-11 & C-12), but it failed to book the required air tickets.  It is pleaded that the complainant was shocked to learn that the OP is not having any tie-ups with Hotels  or Airlines and  had booked the travel package of the complainant from Make My Trip.com by sharing the personal details of the complainant without her permission. It is submitted that the OP on 12.12.2022 intimated the complainant about cancellation of the tour and confirmed to refund the entire consideration amount of the tour (Ann.C-16 & C-17).  The OP also sent message on 16.12.2022 (Ann.C-18) about processing of the refund and expressed apology for delay in making refund (Ann.C-19 & C-20).  It is also submitted that the OP neither provided any service nor refunded the amount despite assurance.  Therefore, the present complaint has been filed alleging the said act &  conduct of the OP as deficiency in service and unfair trade practice with a prayer to direct the OP to refund an amount of Rs.1,10,000/- with interest as well as to pay compensation and litigation cost.

 

2]       The Opposite Party failed to file its written version to the complaint within the stipulated time period and therefore, the defence of Opposite Party was struck off vide order dated 05.09.2023.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have gone through the documents on record including written submissions of the parties.

5]      The perusal of the documents on records shows that the complainant has proved the payment of Rs.1,10,000/- to the OP vide Ann.C-4 to C-9.  The communication exchanged between the complainant and OP proves that the said payment was made by the complainant for tour package of Kerala to be provided by the OP (Ann.C-1 to C-3). However, the tour was cancelled and the OP assured to refund the amount to the complainant but still no refund was made.   

6]       It is observed that the when the payment was made to the OP directly, then it was for the OP to provide the assured tour services in all respect or refund the amount as assured.  It is also observed that neither providing of any service despite receipt of consideration nor refunding the amount by the OP is illegal and amounts to deficiency in service as well as adoption of unfair trade practice on the part of OP.  Further, the OP failed to rebuttal to the averments made in the complaint by filing written version in prescribed time nor lead any cogent evidence, which shows that OP has nothing to say. Therefore, the assertions of the complainant qua OP has gone unrebutted & un-controverted.

     

7]       Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed and the same is accordingly partly allowed against OP. The Opposite Party is directed to refund to the complainant the entire amount of Rs.1,10,000/- along with interest @9% per annum from the last date of payment by the complainant i.e. 03.12.2022 till the date of its actual realization.

         This order be complied with by OP within 60 days from the date of receipt of its certified copy.

 

8]      The pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced

15.04.2024                                                                          Sd/-

 

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER