Chandigarh

DF-II

CC/314/2016

Tarunjit Singh Grewal - Complainant(s)

Versus

Ekta Travel - Opp.Party(s)

In Person

14 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	314 of 2016
Date  of  Institution	:	6.5.2016
Date   of   Decision	:	14.7.2016

 

 

 

 

 

Tarunjit Singh Grewal s/o Sh. Harcharan Singh Grewal r/o J-3s, Mohali Hills, VPO Raipur Kalan, Sector 105, Mohali Punjab.

                …..Complainant

Versus

 

1.  Ekta Travel through its proprieter/partner Sh. Brijinder having its work place at SCO 1100 1101, office No.20, Level-1, Sector 22-B, Chandigarh.

2^nd Address:- 2159, Sector 21-C, Chandigarh

 

2. Hardik Tour n Travels, Old Bus Stand Road, Near Swaraj Tractor Agency, Sundar Market, Rajpura, Punjab.

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

 

For complainant(s)      :     Sh. Nancy Gupta, Adv.

 

For OPs                 :     Exparte.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

        As per the case, the complainant availed services of OPs for booking of flight as well as train tickets after paying the charges to the OPs for the religious trip which suffered from so many deficiencies.  It is stated that the complainant booked two second class AC tickets from Ambala station to Nanded station for 24.3.2016 and one return ticket for 26.3.2016 from Naded Station to New Delhi Station. For the said tickets the complainant paid Rs.5475.80 and Rs.2765.80/- respectively. It is alleged that the tickets issued to the complainant by the Ops were not confirmed till  the rspective dates of journey. It is stated that the complainant vide varoius emails constantly requested the OPs to get the tickets confirmed and was ready to pay the extra amount for reserving tickets on Tatkal basis. But the OPs all the time till the date of journey gave false assurances to the complainant about the possibility of  confirmation of the tickets. It is vehemently agitated that the OPs did not move an inch to honor the request of the complainant and all three tickets remained unconfirmed which caused excessive mental harassment and financial loss to the complainant. It is further submitted that the complainant had to pay again Rs.4860/- for the fresh tickets. It is further alleged that due to deficient service of the OPs the complainant had to travel alongwith his friend by adjustment in one seat for the whole journey which lasted for a long period of 30 hours. .  Another grouse of the complainant is that he was not informed about the early arrival of the flight vide which he was to travel from Patna to New Delhi. However, as a matter of luck he reached the airport in advance and boarded the flight.   Alleging the said act of OPs as deficiency in service, this compliant has been filed.

 

2.     Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, since nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 15.06.2016.
3.     The complainant led evidence in support of his version.
4.     We have gone through the contents of the complaint filed by the complainant as well as heard the arguemtns advanced by the counsel for the complainant.
5.     The pleadings and argumetns advanced by the consel for the complainant have altogther gone unrebutted and unchallenged due to non-appearance of the OPs who  failed to appear despite due service. The allegations levelled by the complainant in his complaint against the OPs are supported with his duly sworn affidavit  and the the non-appearance of the OPs itself shows that they admit the claim of the complainant and they have nothing to say against  the allegations of the complainant. Their absence is considered as admission on their part about the deficiency in rendering service to the complainant.  The record futher corroborates the allegations of the complainant that the tickets in question booked by him from the OPs remained in waiting list and were not confirmed till the date of journey.  The act of advance booking of tickets by the complainant itself reveals that the journey of the complainant was well planned  or he booked the same in advance i.e. on 2.3.2016 much before the date of journey i.e. 24.3.2016.  In the absence of OPs there  is no  explanation to show the reason for the non confirmation of the tickets and any efforts made by them to arrange tickets in tatkal for the complainant.
6.      Thus it is proved on record that the tickets which were booked by the complainant for his religious journey remained unutilized as the same were not confirmed by the OPs and the complainant had to arrange fresh tickets for his journey. Therefore, in this view of the matter we are of the considered opinion that the negligent and deficient act of the OPs certainly caused a lot of mental agony and physical harassment to the complainant,  Hence we find merit in this complaint and the same desevers to be allowed.
7.     In view of the above discussion, the complaint is allowed and the Opposite Parties are jointly & severally directed as under:-

        

a]  To refund Rs.8240/- being the cost of the tickets of train booked by the complaiannt from the OPs, which were not confirmed;

 

b]  To pay Rs.10,000/- as compensation for causing mental agony and physical harassment to the complainant.

C]  To pay Rs.7,000/- towards litigation expenses.

 

         The above said order shall be complied with by the Opposite Parties within 30 days of its receipt, failing which they shall be liable to pay interest on the above awarded amount of at (a) & (b) at the rate of 18% p.a. from the date of this order till it is paid, besides paying litigation expenses. 

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

14.7.2016                                                                                sd/-

                                                                    (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER