Delhi

East Delhi

CC/826/2012

NISHANT PITTI - Complainant(s)

Versus

DEWAN WORLD WIDE - Opp.Party(s)

16 Mar 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.          886 /2012

                                                                                                  Date of Institution                   26/09/2012

                                                                                                  Order Reserved on                 16/03 /2017

                                                                                                  Date of Order                          21/03 /2017                                                                                                            

In matter of

Mr. Nishant Pitti, Adult   

Director M/s Easy Trip Planners Pvt Ltd

460, 1^st & 2^nd Floor, FIE

Patpargunj Industrial Area, Delhi 110092………………....…………….Complainant

 

                                                                               VS

M/s Dewan Worldwide Holidays  

1205, Kailash Building,

K G Marg, Connaught Place, New Delhi 110001 ……………………..….Opponent

 

 

Quorum                                 Shri Sukhdev Singh                  President

                                                Dr P N Tiwari                             Member

                                                Mrs  Harpreet Kaur                  Member               

 

 Order by   Dr P N Tiwari    Member                       

 

Brief Facts of the case                                   

This complaint has been filed by the complainant under section 12 of the Consumer Protection  Act, 1986 r/w Sub Section 2(1)(g) for deficiency in services against OP, whereas both the parties are dealing under (commercial) business of providing enjoyment trips to their customers.

The complainant wanted to celebrate his honeymoon at abroad by making European country    so he contacted OP/Dewan Worldwide Holidays through their email and narrated his plan. OP submitted a detail plan as per the requirement of complainant for 15 nights tour under OP’s Honey moon package comprising of 03 nights for Paris, 03 nights for Interiaken, 03 nights for Luzern, 03 nights for Rome and 03 nights for Venice. The entire plan had hotel stay and every day breakfast. In all a total cost of the package was costing 3808 Euro per person. It was also promised by the OP to provide vouchers for availing different services at various places of journey.

As per complainant the OP had also promised to provide Visa to his trip. Thus, complainant paid 7616 Euros to OP for his entire package and other expenses. Till the date of journey, no vouchers were provided by OP in advance as promised.

As per complainant, OP did not fulfill his promise and cheated and delay in providing services as mutually agreed which resulted heavy mental tension and got depression because planned honey moon trip could not result in the manner it was.

The complainant sent no. of emails and legal notice to OP for refund of entire amount along with all the expenditure done by him during the trip as marked annexure 2 & 3 as complainant had annual turnover of his business was over 360 crore annually. When he did not get any satisfactory reply filed this complaint claiming refund of 7616 Euros with 5 lacs compensation for mental harassment and agony.

On receiving notice, OP submitted written statement denying all the allegations put by the complainant. OP submitted that there was not a part of cause of action has within the jurisdiction of this Forum as OP neither had their branch office or residing in the territory of this Forum.  OP had also replied his legal notice sent by him and also had asked complainant about his annual turnover of over 360 crore under his case.  It was specifically stated that complainant wanted credit facility for his honeymoon trip to Europ which was denied by OP as their business was on all cash transaction. Annoyed by refusal to extend credit facility, complainant had filed this false and fabricated complaint before this Forum.  There was no issue of vouchers to be given during his trip by OP and despite enjoying his trip by his own, filed this complaint.

It was also stated that Visa was arranged by OP on goodwill as being their business colleague, but the processing fee for Visa was also not paid by complainant. It was admitted by OP that they had given all the detailed information about package for 16 nights stay and enjoying in Europian countries. OP had also stated that they had given detail address for stay in various hotels where Indian food was available.  As per OP, the honeymoon trip was from 04^th May 2012 to 19^th May 2012, but OP had no concrete information or evidence whether complainant had gone to his honeymoon trip.  Hence it was submitted that this fibrillose complaint be dismissed by this Honble Forum.  

Complainant submitted his rejoinder and evidence on affidavit and affirmed on oath that OP had cheated by way of unfair means and complainant had to make entire payment from his own pocket for his trip. OP also submitted their evidences on affidavit and affirmed on oath that complainant had not submitted any evidence to prove that OP had cheated by not supplying any vouchers and all the payment was done by him.  

Arguments were heard from both the parties and order was reserved.  

After seeing the facts of the case and evidences on record, it was observed that the present case, complainant has not filed any concrete evidence to prove deficiency and unfair practice by which complainant was cheated. There was evidence on record which could prove that complainant had paid 7616 Euros to OP for arranging his trip and also no evidence on record to prove for travelling many Europian countries for his honeymoon trip like his passport zerox showing Visa and country’s check in and out stamp with date besides zerox of any travel vouchers which OP had given to him.  There was no receipt of money (INR) paid to OP by him for arranging Visa and tickets. All conversation/correspondence had taken place on emails. In absence of a single concrete evidence by complainant to show deficiency in service and unfair practice adopted by OP, cannot be presumed for deficiency in services by OP. Complainant enjoyed his honeymoon trip of his own though no evidence had been filed on record. 

We come to the conclusion that present case has no merit hence deserves to be dismissed so dismissed without cost.

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

 

(Dr) P N Tiwari Member                                                                               Mrs Harpreet Kaur Member                                                             

                                                               Shri Sukhdev Singh