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Ankit Agarwal filed a consumer case on 06 Mar 2017 against Bharat Booking Holiday India Pvt.Ltd. in the New Delhi Consumer Court. The case no is CC/725/2014 and the judgment uploaded on 18 Aug 2017.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI),
‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110001
Case No.C.C./725/2014 Dated:
In the matter of:
MR. ANKIT AGRAWAL,
R/O A-184/F-2,FIRST FLOOR,
SHALIMAR GARDEN, EXT-II,
SAHIBABAD, GHAZIABAD.
……..COMPLAINANT
VERSUS
G-18, PALIKA PALACE, RAMA KRISHNA ASHRAM,
NR. METRO STATION NEW DELHI-110001.
….... OPPOSITE PARTY
MEMBER : NIPUR CHANDNA
ORDER
Complainant booked tour package from Delhi to Mandi with OP on 12.06.2014 through e-mail. The date of travel was on 14.08.2014 from Delhi (Kashmere Gate) and on 18.08.2014 from Mandi to Delhi. It is stated by the complainant that he paid Rs. 3,000/- in advance towards the booking of tour to the OP, and the same was duly acknowledged by OP through e-mail dated 16.06.2014.
It is alleged by the complainant that at the time of booking the OP had sent confirmation documents vide email dated 20.06.2014, in which OP had agreed to provide AC Volvo seats from Delhi to Mandi and from Mandi to Delhi.
It is further alleged by the complainant that he paid the remaining amount due against the tour package in case to the Mandi office of OP on 16.08.2014. it is further alleged by the complainant that as per the tour package OP has to provide the cab in the Mandi for site seen to him on 17.08.2014 at 8am but the cab was provided to him in the afternoon at 12:30 pm. On returning date i.e. 18.08.2014 OP failed to provide the Volvo AC bus to him and has arranged normal AC bus for returning from Mandi to Delhi.
Complainant sent legal notice to the OP calling upon him to refund the tour package amount as it had failed to provide the service assured to him, but OP neither reply nor refunded the money back to the complainant. Hence this complaint.
Notice of complaint was sent to OP through post for 09.12.2014, since none appeared on behalf of OP it was ordered to be proceeded with ex-parte.
Complainant filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of his complaint.
This case was already reserve for order on 12.03.2015, but on account of changed of Ld. Member etc. then outgoing Ld. President of this District Forum fixed this case for re-argument on 28/11/2016. On 28/11/2016 none appeared on behalf of OP but complainant was present whose written arguments are already on record.
We have heard arguments advanced at the bar and have perused the record.
Complainant has placed on record copy of e-mail dated 12.06.2014 mentioning the details of the tour package, copy of e-mail dated 16.06.2014 confirming the payment received by OP, copy of legal notice dated 21.08.2014 alongwith copy of postal receipts in support of his case.
Despite bare version, nothing has been placed on record by the complainant to prove his case that the OP failed to provide him the assured service during his tour from Delhi to Mandi.
Due to lack of documents evidence, no case of deficiency in service is made at against the OP. With these observations, present complaint is dismissed.
This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.
Pronounced in open Forum on..............
(S K SARVARIA)
PRESIDENT
(H M VYAS) (NIPUR CHANDANA)
MEMBER MEMBER
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