Chandigarh

DF-I

CC/233/2024

MR. PRERAK MITTAL - Complainant(s)

Versus

Chirag Gupta, Founder & Ceo of DEYOR CAMPS - Opp.Party(s)

30 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/233/2024
Date of Institution	:	8/5/2024
Date of Decision	:	30/8/2024

 

 PRERAK MITTAL SON OF SHRI RAKESH KUMAR MITTAL RESIDENT OF D-16, NITTTR RESIDENTIAL COMPLEX, NITTTR CHANDIGARH, SECTOR 26, CHANDIGARH, INDIA-160019

Complainant

 

Versus

CHIRAG GUPTA, FOUNDER & CEO OF DEYOR CAMPS, OFFICE ADDRESS: 3RD FLOOR, ENKAY TOWER, WING - A, PHASE V, UDYOG VIHAR, SECTOR 19, GURUGRAM, HARYANA 122022, INDIA

 

OPPOSITE PARTY

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Complainant in person.
	:	Sh. Deep Inder Singh Walia, Advocate for OP (OP exparte).

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP). The brief facts of the case are as under :-
   1. It transpires from the averments as projected in the consumer complaint that in the month of June 2022,  the complainant wanted to go Chadar trek, Leh Ladhakh  and after going  through several ads  on  facebook & instagram, the complainant came to know  that the Opposite party has been providing trekking services to Chadar Trek. After negotiation and dates finalization (8^th Jan 2022 to 16.1.2022), complete trekking services with guide was finalized for Rs.19,948.95, out of which Rs.3,000/- was paid via online to the Opposite party on 18.10.2021. A mail confirmation Annexure C-A was received from the Opposite party.  Thereafter a payment reminder  was sent by Opposite party to the complainant asking the complainant to pay balance amount  of Rs.16,948.95 to  its account  and accordingly the complainant transferred the aforesaid payment  online to the Opposite party and receipt whereof was acknowledged by the Opposite party vide
      Annexure-D. The complainant has also booked to and fro flight tickets to LEH for the same trekking trip from Airline companies but later on the said trips were got cancelled as the complainant received a telephonic call from one Mr. Yogesh an employee of Opposite party that due to some government restriction  trekking trip could not be happened  from their end and  the said employee confirmed that money will be refunded. Thereafter,  the Opposite party sent email to the complainant asking feedback for the trip. However, as the trip  was cancelled, there was no question of any feedback. The Opposite party has not sent any credit note initially to the complainant and when  the complainant raised the issue with the Opposite party,  the Opposite party sent  email Annexure F dated 17.1.2022 i.e. the credit note, intimating the complainant that the duration of this credit note is of 3 months. Thereafter the complainant asked the Opposite party confirmation qua cancellation over call and accordingly the Opposite party vide email Annexure G dated 8.1.2022  intimated about the cancellation of the chadar trek.  After knowing the same, the complainant selected a trip to Kedarkantha Trek from the site  of the Opposite party  on 26.2.2022 and on 6.3.2022 the Opposite party  sent email to the complainant that somebody from their team will keep in touch with the complainant. However, the Opposite party never called back the complainant. After this the complainant again tried to book another package from Opposite party to Kashmir through its site and as there was no way of using the credit note in any manner on Opposite party website so the complainant mailed the Opposite party for booking a trip to Kashmir  on 17.3.2022. Again the Opposite party did not revert back to the complainant and the complainant tried  his best to contact the Opposite party and later Mr. Yogesh employee of Opposite party had informed the complainant that he was no more employee of the Opposite party company. Thereafter the complainant  vide email J  asked the Opposite party for refund  but the Opposite party replied that they will provide full assistance to the complainant.  Being fed up with the deceitful practices of Opposite party again the complainant sent email dated 3.6.2022 for refund of the amount but the OPs refused to do the same or to provide the promised service in lieu of money paid to the Opposite party. In this manner, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
   2. OP  was properly served and when OP did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 21.6.2024.
2. In order to prove their respective claims the complainant have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that the complainant booked a trip  with the Opposite party of Chadar trek, Leh Ladhakh on payment of Rs.19,948.95 through online to the Opposite party,  which was acknowledged by the Opposite party vide
      Annexure-D and the complainant has also booked to and fro flight ticket to LEH and the trip  was cancelled  by the  Opposite party who intimated the same to the complainant  vide email dated 8.1.2022 Annexure G and  the Opposite party also sent  credit note vide email Annexure F dated 17.1.2022 intimating the complainant that the duration of this credit note will be of 3 months and after knowing the same, the complainant selected a trip to Kedarkantha Trek from the site  of the Opposite party  on 26.2.2022 but later on the same was also not responded by the Opposite party and  again the complainant tried to book another package from Opposite party to Kashmir through mail dated 17.3.2022 but the Opposite party did not revert back to the complainant and thereafter the complainant  vide email dated 3.6.2022 sought refund from the Opposite party but the Opposite party refused to do so, the case is reduced to a narrow compass as it is to be determined if Opposite party  has not provided any service to the complainant despite receiving huge amount from him and the complainant is entitled for the relief as prayed for, as is the case of the complainant and for the said purpose the documentary evidence led by the complainant is required to be scanned carefully.
   2. Perusal of Annexure A reveals that the Opposite party has confirmed the booking of  chadar trek  2022 and received Rs.3000/- from the complainant towards the booking of the said trip. Annexure C further reveals  payment of Rs.16,948.95  by the complainant to the Opposite party. Annexure D indicates receipt of total payment of Rs.19,948.95 by the Opposite party from the complainant.  Annexure G is the copy booking cancellation making it clear that the trip of Chadar trek 2022 was cancelled by the Opposite party. Annexure G  credit note indicates that the Opposite party had provided credit note to the travelers who  could not avail the chadar trek 2022 valid for three months from the date of issue.
   3. The moot question to be determined in the instant case is whether the Opposite party after receiving huge booking amount from the complainant provided any service to the complainant as promised by it?  The answer is   “no” as the Opposite party firstly after receiving huge amount of Rs.19,948.95 from the complainant  cancelled the trip of chadar trek 2022 vide Annexure G and  had given credit note Annexure F  for the travelers who could not do the Chadar trek 2022  on 17.1.2022, which was valid for three months. Meaning thereby the complainant was to avail the said credit note by 17.4.2022 and knowing this fact very well and in order to explore the credit note, the  complainant booked Kedarkantha trek on 26.2.2022 through their site and in response to the same the Opposite party vide email dated 6.3.2022 Annexure H, assured the complainant that their destination expert for Kedarkantha will be in touch with him. However, thereafter nothing was done by the Opposite party to this effect. When nothing was done by the Opposite party to confirm the  Kedarkantha trip, the complainant again approached the Opposite party vide email dated 17.3.2022 Annexure J to book a trip to Kashmir but nothing was done by the Opposite party despite the fact that the aforesaid trips were booked by the complainant in order to explore the credit note dated 17.1.2022 within the stipulated period of 3 months. Hence, the act of Opposite party shows that it remained adamant in providing promised service to the complainant, as a result of which the complainant vide Annexure J dated   24.5.2022 requested the Opposite party to refund the paid amount but to the further anguish of the complainant, the Opposite party vide  email Annexure K at page 45 of the paper book refused to refund the paid amount on the ground that  the credit note has already expired on 17^th  April 2022 despite the fact as discussed above that the complainant had tried twice to avail the credit note within stipulated time.
   4. Thus, one thing is clear from the aforesaid discussion that the Opposite party has failed to provide any service to the complainant after receiving considerable amount from him despite repeated requests made by the complainant for booking of trips.  Hence, the  aforesaid act of Opposite party amounts to deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed.
   5. So far as the quantum of relief is concerned, the  complainant during the arguments stated at bar that he has received the principal amount of Rs. ₹19,948.95 from the Opposite party in his account on 20.6.2024 i.e. after filing of the complaint. Since it has already been discussed above that there is deficiency on the part of the Opposite party for not providing service to the  complainant, to our mind the complainant is entitled for interest on the principal amount already received by the complainant @9% p.a. from the date of cancellation of trip on 29.1.2022 till 19.6.2024 alongwith compensation and costs of litigation.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and Opposite party is directed as under :-
   1. to pay  interest to the complainant @ 9% per annum (simple) on the principal amount of ₹19,948.95 already received by the complainant from the date of cancellation of the trip  on 29.1.2022 till 19.6.2024.
   2. to pay ₹10,000/- to the complainant as compensation for causing mental agony and harassment;
   3. to pay ₹5000/- to the complainant as costs of litigation.
5. This order be complied with by the OP within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 30/08/2024			[Pawanjit Singh] President
mp
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member