DREAM HOLIDAYS PACKAGE. V/S SH.MANOJ KUMAR. - Consumer Court Case

Haryana

Panchkula

CC/413/2019

SH.MANOJ KUMAR. - Complainant(s)

Versus

DREAM HOLIDAYS PACKAGE. - Opp.Party(s)

B.K BAGRI.

04 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA

Consumer Complaint No	:	413 of 2019
Date of Institution	:	19.07.2019
Date of Decision	:	04.03.2022

Sh. Manoj Kumar son of Sh. Khub Ram, resident of House No.414, Sector-33-A, Chandigarh

….Complainant

Versus

1. Dream Holidays Package, SCO No.30, 2^nd Floor, Sector-11, Panchkula-134109 through its Proprietor.

2. Reva Insensitive Pvt. Ltd. SCO No.106, 2^ndFloor, Mugal Kanal, Karnal-132001, Haryana

….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

Before: Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

For the Parties: Sh. B.K.Bagri, Advocate for the complainant.

Sh. Ranbir Singh Rawat, Advocate for Sh. Amit Bhatia, Proprietor of OP No.1. Sh.Ravinder Kumar, Advocate alongwith Sh.Vijay Chauhan, Director of OP No.2.

ORDER

Satpal, President

1. The brief facts of the present complaint are that the complainant for the purpose of enjoyment of family on the promotional activities of the OP No.1 run by OP No.2 i.e. Reva Insensitive Private Ltd for Dream Holiday Package, Panchkula book a Delight Package includes, 3 night and 4 days hotel stay with breakfast and Dinner in Asian Countries Breakfast only” against code no.10015 and paid a sum of Rs.8,000/- vide invoice no.000415 dated 03.05.2017. The complainant choose the single destination of Dalhousie and date of the option was 28.04.2018, therefore, the complainant even paid an additional amount of Rs.499/- demanded by OP No.2 vide DD No.230452 drawn State Bank of India dated 27.03.2018 issued by Punjab and Haryana High Court Branch at Chandigarh alongwith the copy of the passport and Aadhar card of the complainant with coupon no.10015 before the last date i.e. 31.03.2018 and received in the office of OP No.2 on 28.03.2018 itself. As per the terms and conditions of the package the holiday voucher is to be redeemed before 31.03.2018 and the date of hotel expiry was 31.05.2018. The complainant fulfilled all the terms and conditions of the holidays voucher for two adult two children for the destination at Dalhousie but he surprised when he received the cancellation order dated 28.03.2018 of the reservation request from the OP No.2 with the reason one as per the offer information point(b) but in the entire terms and conditions of the holiday voucher there is nowhere mentioned the reason for cancellation of the dream holidays package. Due to the cancellation of the Holidays package the complainant faced embarrassment before his family. Being aggrieved by the attitude of OPs No.1 & 2, the complainant has served a legal notice to the Ops with registered A.D. on 19.04.2018 but OPs did not sent any reply of the same. Due to act and conduct of the OPs, the complainant has suffered mental agony, physical harassment and financial loss; hence, the present complaint.

2. Upon notice, OP No.1 appeared through proprietor and filed written statement raising preliminary objections qua complaint is not maintainable; complainant does not fall under the definition of the consumer; no cause of action; no territorial jurisdiction; non-joinder of necessary parties; not come with clean hands and suppressed the material facts. On merits, OP No.1 stated that answering OP is only working as an agent of OP No.2 and has only sold the package to complaint after giving him proper and all requisite information and thereafter has no role as the OP No.2 has to provide the accommodation and other facility to customer on his compliance of required conditioned mentioned in the Voucher. It is also stated that the voucher was cancelled by OP No.2 due to fault and non cooperation of complainant himself and OP No.1 has no role in it as all the correspondence was made between OP No.2 and complainant. Thus, there is no deficiency in service on the part of the OP No.1 and prayed for dismissal of the present complaint.

Upon notice, OP No.2 appeared through authorized representative of OP No.2 and filed written statement raising preliminary objections qua the complaint is not maintainable being false and frivolous; no cause of action; not come with clean hands and concealed the material facts. On merits, OP No.2 stated that the complainant has himself did not provide the necessary documents to avail the facility. It is also stated that as per terms and conditions no.3 of the holiday voucher, customer has to send all documents and original voucher to avail the services but the complainant did not fulfill the terms. Hence, there is no refund for the payment made by the complainant under any circumstances. It is submitted that the OP no.2 has already refunded the DD to the complainant. It is further stated that the complainant has already aware about the terms and conditions which is also mentioned behind the voucher to avail the service by OP No.2 as the same has been explained to the complainant in his vernacular language thereafter the complainant has purchased the voucher from OP No.1. Thus, there is no deficiency in service on the part of the OP No.2 and prayed for dismissal of the present complaint against OP No.2.

3. To prove his case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-5 in evidence and closed the evidence by making a separate statement. On the other hand, the ld.counsel for the OP No.1 has tendered affidavit Annexure R1/A and closed the evidence. The Authorized representative of OP No.2 has tendered affidavit Annexure R3/A alongwith documents as Annexure R2/1 to R2/3 and closed the evidence.

4. We have heard the learned counsels for the complainant & OP No.1 and authorized representative of OP No.2 and gone through the entire record including the written arguments filed by the learned counsel for complainant, carefully and minutely.

5. Admittedly, the OP No.1 has provided the Dream Holiday Package containing the facility of 3 nights and 4 days hotel stay vide invoice dated 03.05.2017 amounting to Rs.8,000/-. It is also an admitted fact that the complainant sent the coupon no.10015 to OP No.2 on 26.03.2018 alongwith demand draft amounting to Rs. 499/-(Annexure C-2) in favour of OP No.2 for having a stay at Dalhousie. The OP No.2 vide its letter dated 28.03.2018(Annexure C-3) cancelled the reservation request made by the complainant on the ground that the complainant did not send the required documents i.e. photo Id proof and address proof alongwith original coupon no.10015. The grievance of the complainant is that his request for stay at Dalhousie was wrongly cancelled by the OP No.2. It is contended that he had sent the copy of Aadhar card and passport and DD amounting to Rs.499/- alongwith the reservation request vide coupon no.10015.

On the other hand the OP No.2 has justified its action of cancellation of the reservation request on the ground that the complainant did not submit the required documents alongwith the reservation request. The OP No.1 has also made similar contentions. It is contended that the complainant has breached the terms and conditions as mentioned in the coupon no.10015 and thus, there is no lapse and deficiency on the part of OP No.1.

6. Having perused the relevant voucher/application dated 26.03.2018 vide which request for stay at Dalhousie on 28.04.2018 was made by the complainant, it is revealed that e-mail address of the complainant i.e.

7. Apart from above discussion, it is relevant to mention here that there is specific averments of the complainant in para no.3 of the complaint and corresponding para of the affidavit C-A that as per the terms and conditions of the package, he had sent a demand draft of Rs.499/- in favour of OP No.2 alongwith the copy of passport and Aadhar card of the complainant with coupon no.10015 to OP No.2. There is no specific denial of the said averments in the reply filed by the OP No.2 as well as OP No.1. Furthermore, the Affidavit(Annexure R-2/A) filed by OP No.2 is silent with regard to the specific averments made by the complainant in Para No.3 of the complaint that he had sent the copy of passport as well as Aadhar Card with the coupon no.10015 and thus, in the absence of specific denial to the averments made by the complainant with regard to the sending of aforesaid documents alongwith voucher/ coupon, the same are presumed to be admitted. Further, in Para No.6 of the Affidavit(Annexure R-2/A) of OP No.2, it is stated that the complainant had provided the document which does not have concern to avail the service from OP No.2. It is pertinent to mention here that the OP No.2 did not specify in the Affidavit or in Para No.6 as to which documents were sent by the complainant to it. In view of these facts, the contentions of the complainant that he had already sent the copy of Aadhar card as well as passport alongwith coupon no.10015 to OP No.2 seems to be genuine and credible and thus, in the light of above discussion, we conclude that there has been lapse and deficiency on the part of the OPs No.1 & 2 while rendering services to the complainant for which both are liable to compensate him jointly and severally.

8. As a sequel to above discussion, we partly allow the present complaint with the following directions to the OPs No.1 & 2:-