2. Notice of the complaint was sent to OP, but despite service the OP failed to appear and ultimately, the OP was proceeded against exparte.
3. In order to prove his respective version, counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. From the scrutiny of the documents, it reveals that the OP, who is in the business of selling its product for enjoyment of vacations to the general public, entered into an agreement on 20.08.2021, which is evident from Ex.C-1 i.e. Agreement with the complainant for providing the above services to the complainant. The complainant paid Rs.2,20,000/- as full and final payment through Axis Bank Account, which is evident from Ex.C-2 i.e. credit card statement dated 20.08.2021. As per terms and conditions of agreement the complainant alongwith his wife planned to enjoy a sponsored holiday trip to Dubai from 1st April 2022 onwards and informed the OP in advance as per terms and conditions through email dated 04.02.2022. The OP failed to book the tour on the pretext that the booking window of the OP is not activated and advised the complainant to make a fresh booking after 20.03.2022 through its email Ex.C-4 dated 14.02.2022, Vide its emails dated 15.02.2022, the OP demanded the documents and money, for visa fee for UAE Holiday Trip and the complainant paid Rs.13,000/- by NEFT UTR No.AXSK220447000555 on 16.02.2022, which is evident from Ex.C-5 & Ex.C-6 i.e. copies of email. But OP failed to get the visa till 06.05.2022 as per Ex.C-7 i.e. copy of email. Then OP rescheduled the trip from 15.06.2022 to 20.06.2022 and demanded an amount of Rs.12,000/- on account of flight charges, air ticket and Rs.9440/- as AMC charges through its email dated 24.05.2022. He paid Rs.12,000/- on 26.05.2022 by NEFT UTR No.AXSK221460003282 and Rs.9440/- by NEFT UTR No.AXSK 221530603938 on 02.06.2022 and OP confirmed the payment by its email 02.06.2022 as per Ex.C-8 to Ex.C-11, which is account statement and emails. The OP booked hotel in Dubai from 15.06.2022 to 20.06.2022 and conveyed the same to the complainant vide Ex.C-12 i.e. booking voucher. Thereafter, complainant remained in touch with the OP continuously Ex.C-13 to Ex.C-18 i.e. copy of emails, but OP failed to provide air ticket to complainant till 15.06.2022. Then the complainant requested the OP to reschedule the trip from 21.06.2022 to 26.06.2022 through its email dated 15.06.2022 vide Ex.C-19. Then OP on the rescheduling of the trip of the complainant, rebooked hotel for UAE from 20.06.2022 to 25.06.2022 and conveyed the same to the complainant vide Ex.C-20 i.e. booking voucher. The complainant remained in touch with the OP vide Ex.C-21 and Ex.C-22 i.e. emails, but OP again failed to provide air ticket to the complainant.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-23.
7. From the above discussion, it is clear that there was gross negligence on behalf of the OP and OP has spoiled the trip of the complainant three times. The OP has failed to provide services to the complainant as per agreement with the complainant. In view of the above detailed discussion, we are of the opinion that the complaint deserves to be allowed and accordingly, the complaint of the complainant is partly allowed and OP is directed to refund Rs.2,54,440/- paid by the complainant to the OP alongwith interest @ 6% per annum from the date of payment till realization. Further, OPs are directed to pay a compensation of Rs.8000/- to the complainant for causing mental tension and harassment and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
29.03.2023 Member Member President
