Haryana

Yamunanagar

CC192/2014

Karan Verma s/o Sh.Sanjay Verma - Complainant(s)

Versus

Easy trip planners pvt. Ltd. - Opp.Party(s)

Verender Sehgal

02 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                       Complaint No. 192 of 2014.

                                                                                       Date of institution: 09.04.2014.

                                                                                       Date of decision: 02.02.2016

Karan Verma aged about 23 years on of Sh. Sanjay Verma, resident of House No.129 , Shastri Colony, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar. 

                                                                                                                                                               …Complainant.

                                                                        Versus

 

1. M/s Easy Trip Planners Private Limited, having it’s Head Office at Building No.460, F.I.E. Patparganj, Industrial Area, New Delhi 110092, through its Proprietor/Managing Director/Authorized Signatory/Incharge
2. HDFC Bank, through Bank Manager having Office at HDFC Bank, Near Nirankari Bhawan Jagadhri Road, Yamuna Nagar-135001, Haryana.                                                                                                                                      

                                                                                                                                                               …Respondents.

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Virender Sehgal, Advocate, counsel for complainant.    

                Sh. Nadeem Hassan, representative for respondent No.1.     

                Sh. K.K.Gupta, Advocate, counsel for respondent No.2.       

             

ORDER

 

1.                     Complainant Sh. Karan Verma has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondents          ( hereinafter referred as OPs) be directed to refund a sum of Rs.25,000/- alongwith 24% per annum interest from 15.02.2014 till its realization alongwith compensation and litigation expenses etc.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that OP No.1 firm i.e. M/s Easy Trip Planners Private Limited is a travel agency and is dealing with foreign tour trip planning business and promoting its business through various mode of advertisement being given in News Papers and also on websites and is having its website by the name and style “ Easy My Trip” and is having bank account under the name and style Easy Trip Planners Private Limited. The complainant alongwith his brother Varun Verma and other one Sh. Harash Bhola planned to have a foreign trip so they made an enquiry from Op No.1 who during personal meeting explained various tour packages but they stressed to have a tour of Thailand explaining that Thailand is very much comfortable in all manners and safe place for Indian tourist and finally the tour package was settled in only Rs. 26700/- cost for one person for six nights and 7 days completely ( i.e. including air tickets with return journey, all types of transportation, accommodation, daily breakfast at Hotel etc. and sightseeing) for Pattaya City and Bangkok City in Thailand which was scheduled from 12^th March 2014 to 18^th March 2014. As the complainant was accompanied with two other persons and thereby the total amount of three persons trip was calculated Rs. 80100/- and out of total amount i.e. Rs. 80100/-, a sum of Rs. 25,000/- ( Part payment) was deposited by the complainant through account payee cheque bearing No. 000005 of HDFC Bank Branch Yamuna Nagar from his account to the account of OP No.1 on 15.2.2014.

3.                     The OP No.1 assured the complainant to give every detail regarding the trip and reservations of the hotel and air flights but OP No.1 did not give any detail of confirmation of air ticket after receiving the part payment despite so many requests. Ultimately, the officials of OP No.1 firm vide their letter dated 15.2.2014 by one Krishan Joshi on behalf of OP No.1 firm confirmed the booking but did not confirm air tickets etc. As per terms and conditions laid down by the OP No.1, the remaining amount was to be given to OP No.1 by 2^nd March of 2014 by the complainant.

4.                     The complainant was very much anxious about his foreign tour so when he informed some of his friends about the tour they informed that there are riots crept up in Bangkok Thailand since November 2013 and it is not safe to visit there. The complainant enquired about riots from OP No.1 firm but OP No.1 remained failed to inform regarding these riots and concealed this information for the reason best known to them. On 25.2.2014, complainant had received an information regarding confirmation of tour booking, given by E-mail from Op No.1 firm on 25.2.2014 at 1.51 P.M. in which it was also directed to deposit the balance/remaining amount i.e. Rs. 55100/- up to 4.00 P.M. by mentioning that in failing to deposit the said amount on 25.2.2014 the booking will get auto released, whereas as per schedule the balance amount of Rs. 55100/- had to be deposited by 2^nd March 2014. After receiving the said E-mail from OP No.1 firm, the complainant had made telephonic call to the concerned officer of the OP firm and requested him to cancel the Tour Package as they with malafide intention did not disclose that there are riots and is not safe these days to go there so they cheated the complainant for the reason best known to them but instead of complying with the requests of complainant, the OP No.1 firm’s officers became adamant to receive the said amount at the demanded schedule i.e. upto 4.00 P.M. on 25.2.2014 and raised straight threats that in case he remained failed to comply the demand of OP No.1 Firm then the part payment of Rs. 25,000/- will be forfeited. Meaning thereby the complainant has been cheated and defrauded by OP No.1 firm and an amount of Rs. 25000/-i.e. part payment of the complainant has been duped by OP No.1 firm. The act of OP No.1 firm is an to unfair trade business and there is gross negligence and deficiency in service on the part of OP No.1 firm. Hence, this complaint.   

5.                     Upon notice, OPs appeared and filed their written statement separately. OP No.1 filed its written statement by taking some preliminary objections such as complaint is not maintainable, not come to this Forum with clean hands, the complainant is trying to misguide the Hon’ble Forum and on merit it has been submitted that at the time of receiving booking amount of Rs. 25,000/- from the complainant, the OP No.1 firm clearly told to the complainant that the advance booking amount is non refundable as per company’s rules. (Copy of E-mail dated 25.2.2014 is enclosed as Annexure R.1/1). The complainant has paid an amount of Rs. 25,000/- to the OP No.1 at the time of booking the said package. The OP No.1 booked a Hotel namely Grand Alpine Bangkok to the complainant and the booking amount was USD 460 which comes approximately Rs. 28000/- as per the prevailing rates of Dollar and as per the direction of complainant the said booking in hotel was cancelled but the hotel authorities did not refund even a single penny to the OP No.1 firm and the said amount of USD 460 was adjusted. Copy of E-mail dated 10.3.2014 is enclosed as Annexure R.1/5). The Op No.1 is not responsible for any riot or natural calamities as the same are not in the hands of OP No.1. In this regard the OP No.1 stated to complainant that “as far as concerned about political riots so everything is under control but if you want to cancel it so cancellation charges would be applicable as per company’s policy and booking amount is non refundable.” (Copy of E-mail dated 25.2.2014 is enclosed as Annexure R1/2). The complainant paid Rs. 25,000/- at the time of booking of the said tour package. The OP firm had got booked the tickets to the complainant to Bangkok by spending Rs. 30,000/- from its own pocket as the cost of tickets was Rs. 52,714/- and the advance booking amount is non refundable. It has been further submitted that the complainant is an arrear of Rs. 55,000/- of the OP No1 firm as the OP No.1 firm booked hotel at Bangkok by spending approximately Rs. 28,000/- and booked flight tickets by spending Rs. 52,714/-, however, the complainant had paid Rs. 25,000/- only to the OP No.1 firm and complainant is liable to make the payment of Rs. 55000/- to the OP No.1 firm. Thus, there is no deficiency in service on the part of OP No.1 firm and prayed for dismissal of complainant.

6.                     OP No.2 HDFC Bank filed its written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi to file the present complaint, no relationship of consumer and supplier between the parties and on merit it has been submitted that the complaint is not relating to OP No.2 as the same is related with OP No.1. As such, there is no deficiency in service on the part of OP No.2 and prayed for dismissal of complaint.

7.                     To prove the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CX and documents/ correspondence with OPs as  Annexure C-1 to C-28 and closed the evidence on behalf of complainant.

8.                     On the other hand, representative of OP No.1 tendered into evidence his affidavit as Annexure R.1/X and documents as Annexure R1/1 to R.1/6 and closed the evidence on behalf of OP No.1. However, counsel for OP No.2 tendered into evidence affidavit of Ashish Jain,Dy Branch Manager of HDFC Bank as Annexure RW2/A and documents such as copy of statement of account as Annexure R.2/1 and R2/2 and closed the evidence on behalf of OP No.2.

9.                     We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely. The counsel for the complainant reiterated the averments mentioned in the complaint and prayed for its acceptance whereas the counsel for OP University reiterated the averments made in the reply and prayed for dismissal of complaint.

10.                   It is not disputed that an amount of Rs. 25000/- was deposited by the complainant as part payment/booking money vide cheque No. 00005 of HDFC Bank Yamuna Nagar Branch (Annexure C-3) from his account to the account of OP No.1 on account of package of Foreign  Tour Trip for Thailand, which was scheduled from 12^th March 2014 to 18^th March 2014. It is also not disputed that this tour was confirmed by the OP No.1 on 15.2.2014 which is evident from the copy of E-mail dated 15.2.2014 (Annexure C-2) and further from (Annexure C-5). As per confirmation (Annexure C-5) rest amount of package Rs. 55100/- ( 80100-25000) was payable before 2^nd March 2014.

11.                   Learned counsel for the complainant argued that the complainant cancelled their package tour due to riots bomb blast etc. in the Thailand and sent the information to the OP No.1 vide E-mail on 24.2.2014 (Annexure C-6) and through telephone calls on 24.2.2014 (Annexure C-7). When the complainant cancelled his booking then the OP No.1 sent an E-mail on 25.2.2014 at 12.21 P.M. (Annexure C-8) to the complainant that “this is to inform you that your booking is already confirmed, kindly pay remaining amount INR. 55100/- by today only, otherwise booking will get auto released” which was replied by the complainant on the same day at 12.51 P.M. (Annexure C-9) by E-mail mentioning therein that “at the time of booking you did not told me about the riots in Bangkok and now you not received my phone then I talk to your team leader Mr. Om but he not to satisfy me.” Again another E-mail was also sent by the complainant to OP No.1 mentioning therein “that  Sir, I, want to talk you immediately about your employee that he not guide me properly and misguide us about the Bangkok package, this E-mail was sent at 1.33 P.M. on 25.2.2014 (Annexure C-10)” and again an E-mail (Annexure C-11) was also sent at 1.50 P.M. on the same day mentioning therein “ that Mr. Joshi you cheat me on the behalf of easy my trip you not told me about the riots in Bangkok when it talk you if you not refund my Bangkok advance amount then I will complaint the higher authority then you cut my phone.” Again an E-mail dated 25.2.2014 (Annexure C-12) was received by the complainant from the OP No.1 on the same day at 1.54P.M. in which it was mentioned that “ as per our terms and conditions we are not clear whether you want to book this trip or you want to cancel this trip. So this is to inform you that if we will not receive the package amount till 4 ‘o’ clock than your booking will get auto released.” In response to this E-mail various E-mails were sent to the Ops at 2.34 P.M., 3.16 P.M. , 3.17 P.M. and 3.19 P.M. (Annexure C-13 to C-15 and lastly complainant received E-mail from Op No.1 at 4.10 P.M. (Annexure C-16) in which it was informed that “ This is to inform you that your booking has been released, because we have not received any payment from your side by tomorrow you will get the cancellation voucher”.

12.                   From the perusal of the above noted all the e-mails and other E-mails Annexure C-17 to C-28 it is clear that the complainant cancelled his booking due to riots in the Thailand on 24/25.2.2014 and the Op No.1 was duly informed through E-mails as well as by telephonically. When the complainant cancelled his trip for Thailand then the Op No.1 started playing tactics to pressurize the complainant to make the remaining payment of the tour as well as for forfeiture of the amount of Rs. 25,000/- already deposited as advance money by the complainant. The malafide intention of the OP No.1 clearly established from the perusal of E-mail sent on 25.2.2014 at 12.21 P.M (Annexure C-8) in which the Op No.1 clearly threatened by mentioning that “ this is to inform you that your booking is already confirmed. Kindly pay the remaining amount INR 55100/- by today only otherwise booking will get auto released” whereas as per the terms and conditions mentioned in previous E-mail (Annexure C-5), the remaining amount i.e. Rs. 55100/- was payable before 2^nd March. Meaning thereby that when the remaining payment was payable up to 2^nd March then how the OP No.1 can pressurize the complainant to make the payment positively by 25^th February 2014. It shows that OP No.1 wants to forfeit the advance money deposited by the complainant.  As the complainant informed the Op No.1 for cancellation of the Foreign Trip on 24.2.2014, the arguments advanced by the representative of Op No.1 Sh. Nadeem Hassan is not tenable that the OP company booked a hotel namely Grant Alpine Bangkok and booking amount was USD 460 which comes approximately Rs. 28000/- as per prevailing rates of dollar and as per direction of the complainant, the said booking in the hotel was cancelled but the hotel authority did not refund even a single penny to the Op No.1 and the said amount of USD 460 was adjusted as the OP No.1 has no where mentioned that hotel authority had forfeited booking amount. As per their own version mentioned in the affidavit in para No.7 as well as in the written statement in para No.9, the booking amount was adjusted. Meaning thereby that as the OP No.1 is running business of travel agency and sending the persons day to day for Foreign trips. So, the booking amount might have been adjusted in any other account.

13                    Further, the arguments of the representative of Op No.1 that OP No.1 had got booked the ticket to the complainant to Bangkok by spending Rs. 30,000/- from its own pocket as the cost of ticket was Rs. 52714/- and advance booking amount is not refundable, is also not tenable as the OP No.1 has totally failed to file the photo copy or any documentary proof regarding actual purchase of Air Tickets. From the perusal of alleged E-mail dated 22.3.2014 Annexure R.1/1 and R.1/2 in which it has been mentioned that an amount of Rs. 30,000/- have been made as advance booking of the ticket, it seems that these E-mails have been falsely prepared by the internal staff of the office of Op No.1 just to forfeit the amount of Rs. 25,000/- and further to grab the remaining amount from the complainant. Otherwise, as the schedule of the tour was from 12.3.2014 to 18.3.2014 so the Air tickets could easily be cancelled without any charges on 25.2.2014 i.e. prior to more than 15 days. Further no cogent evidence has been filed from the side of Airlines from which the Air Tickets for Thailand was booked by OP No.1.

14                    The version of the complainant is duly supported from the E-mails Annexure C-1 to C-28 and further has not been rebutted by OP No.1 that at that time there was no riots in the Thailand.

15                    After going through the above noted circumstances we are of the considered view that there is an unfair trade practice on the part of Op No.1 for not refunding the booking amount/advance money i.e. Rs. 25,000/- to the complainant.

16.                   Resultantly, we partly allow the complaint of the complainant and direct the OP No.1 to refund an amount of Rs. 25000/- to the complainant within a period of 30 days after preparation of copy of this order failing which the complainant shall be entitled to get interest at the rate of 7% per annum from the date of filing of complaint till its realization and further to pay a sum of Rs. 1000/- as litigation expenses. However, complaint qua Op No.2 is hereby dismissed being impleaded unnecessary party. Order be complied within 30 days after preparation a copy of this order failing which the complainant shall be entitled to invoke the jurisdiction to this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 02.02.2016.

           

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.