DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 72/2014
D.No.__________________ Dated:_______________________
IN THE MATTER OF:
Ms. URMIL YADAV D/o LATE SH. J.S. YADAV,
R/o H. No. 2089, SEC-4,
URBAN ESTATE, GURGAON-01 (HARYANA). … COMPLAINANT
Versus
1. SH. DIL PREET SINGH,
(MANAGING DIRECTOR),
M/s K.S. HOLIDAYS PVT. LTD.,
2. Mrs. BHARATI MAKANI, (MANAGER),
M/s K.S. HOLIDAYS PVT. LTD.,
3. SH. PURUSHOTTAM (OPERATIONS HEAD),
M/s K.S. HOLIDAYS PVT. LTD.,
SITUATED AT: 2879, 1ST FLOOR, SANT NAGAR,
RANI BAGH, NEAR PITAM PURA M2K,
NEW DELHI-110034. … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.01.2014
Date of decision:03.07.2018
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MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant booked a holiday package with OP for a trip to Dalhousie, Khajjiar, Dharamshala and Mcleod Ganj for the period from 23rd to 29th June-2012 vide receipt nos. 233 & 239 dated 04.06.2012 & 07.06.2012 for Rs.75,000/- and Rs.1,10,000/- respectively for 18 adults & 7 kids on triple sharing basis for 7 rooms with breakfast only. The complainant further alleged that the complainant and her guests suffered a lot of inconvenience due to false assertions, promises and assurances given by the OPs at the time of booking the said holiday trip i.e. that to start with, the bus was supposed to report at 5 p.m. and it reported at 6:30 p.m., that too, after several calls were placed to the driver and the route that was to be taken for the first destination was not clear and understood by the driver which resulted in approx. 130 kms of extra travel by the complainant thus wasting around 3-4 hours. The complainant further alleged that the travelers were promised an air-conditioned bus as a part of the package but the AC stopped working after Pathankot but causing trouble half the way and the complainant had the same problem while traveling back when the
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AC did not work till Una from Dharamshala and the bookings were not confirmed at any of the destinations with the name of Plan-trip-India which was mentioned on the xerox of the itinerary that was sent to the complainant and at every hotel check-in, the complainant and the guests were to wait on an average of 2 hours before the complainant could check-in and to make several calls to the OPs in Delhi before check-in, therefore, causing more embarrassment for the people travelling on this trip. Thereafter, there were not only problems with checking in but there were troubles while checking out as well and the hotels advised the complainant, a distinguished Pilot Officer that they will not be allowed to check out until they receive payment in full for the rooms which should not have happened since the complainant had paid everything in advance to the travel agent i.e. OPs. The complainant further alleged that the complainant was told that the pick up and drop facilities will be provided by the hotel they will stay in but the complainant had to pay for the taxi herself from Meleodganj parking spot to the hotel and the driver did not know about any of the hotels the complainant was to stay in while she was told that driver had all the details and they would not have any problems locating the hotels but in fact they had to make several calls to find out in which hotels their rooms had been booked in and the complainant was
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told that site-seeing will be included in the package that she had paid for but they had to pay for the site-seeing herself. The complainant further alleged that the complainant was told that there will be a representative on board with them who would guide them through for check-in in hotels and site-seeing etc. and they will have no problems in the entire trip but there was nobody from the company throughout the entire trip and due to which the complainant and her guests had to face lots of harassment and embarrassment at every stage of the trip. The complainant further alleged that the complainant appraised the OPs of all the problems faced by her and her guests as the terms & conditions of the package were not met and despite various reminders the complainant has still not received original bills, invoices, vouchers and refund for the room that was not taken up as a part of the package booked through Plantrip India for Dalhousie, Khajjiar and Dharamshala. The complainant further alleged that the complainant sent a legal notice dated 02.07.2012 through her counsel but no avail and the same amounts to deficiency in service on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to pay the compensation of Rs.1,00,000/- towards deficiency in service for causing harassment,
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loss, discomfort and embarrassment to the complainant alongwith Rs.50,000/- as damages and refund of the cancelled itinerary of one of the travelers. The complainant has also sought an amount of Rs.5,500/- towards cost of litigation.
3. Notices were issued to OPs through speed post for appearance on 18.03.2014, 07.07.2014 & 11.09.2014 but none for the OPs appeared on 18.03.2014, 07.07.2014 & 11.09.2014 and as per track reports OPs avoided to receive the notice as the OPs unclaimed the notices and as such OPs were proceeded ex-parte vide order dated 11.09.2014.
4. In order to prove hercase the complainant filed her affidavit in evidence and also filed written arguments. The complainant has also placed on record copies of receipt no. 233 of Rs.75,000/- dated 04.06.2012 & receipt no. 239 of Rs.1,10,000/- dated 07.06.2012 issued by company, copies of e-mail communications between the parties showing details of tour program and itinerary and copy of legal notice dated 02.07.2012 sent by the complainant through her counsel to the OPs alongwith courier receipt.
5. This Forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the
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complainant. Moreover, it appears that even after receiving notices of the case from the Forum, the OPs have kept mum and have not bothered to answer the case of the complainant. On perusal of the record we find that the complainant and her guests had to face lots of harassment and embarrassment at every stage of the trip. However, the complainant has failed to prove her case about cancellation of the trip by one of the traveler as no evidence in this regards has been lead by the complainant. Accordingly, OP-1being the Managing Director of the company is held guilty of deficiency in service.
6. Accordingly, OP-1 isdirected as under:
i) To pay to the complainant an amount of Rs.15,000/- as compensation for mental agony and harassment caused to the complainant and other travelers.
ii) To pay to the complainant an amount of Rs.5,000/- as litigation charges.
7. The above amount shall be paid byOP-1 to the complainantwithin 30 days from the date of receiving copy of this order failing which OPshall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from
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the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 3rdday of July, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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