Chandigarh

DF-II

CC/438/2023

RASHPAL SINGH DHALIWAL - Complainant(s)

Versus

EVERGREEN TRAVELS - Opp.Party(s)

SANDEEP BHARDWAJ

25 Nov 2024

ORDER

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

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Consumer Complaint  No	:	438 of 2023
Date  of  Institution	:	30.08.2023
Date   of   Decision	:	25.11.2024

 

 

 

 

1.  Rashpal Singh Dhaliwal s/o Sh.Bachhitar Singh Dhaliwal, R/o House No.742, Sector 8-B, Chandigarh-160009.

2.  Karamjit Kaur Dhaliwal wife of Sh.Rashpal Singh Dhaliwal, R/o House No.742, Sector 8-B, Chandigarh-160009.

3.  Arshdeep Singh Dhaliwal s/o Sh.Rashpal Singh Dhaliwal, R/o House No.742, Sector 8-B, Chandigarh-160009.

4.  Harsimran Kaur Dhaliwal d/o Sh.Rashpal Singh Dhaliwal, R/o House No.742, Sector 8-B, Chandigarh-160009.

5.  Bismin Brar c/o Karandeep Singh Brar, r/o House No.1399, Sector 33-C, Chandigarh.

6.  Jaiveer Singh s/o Sh.Jasdeep Singh, Resident of House No.41, Phase 2, S.A.S. Nagar Mohali.

             … … … Complainants

 

Versus

 

1.  Evergreen Travels, SCO 324-325, Second Floor, Sector 38-D, Chandigarh, through its authorized signatory/representative.

2.  The Khyber Corporate Office, Hyderpora Main Circle, Srinagar, Jammu and Kashmir, India 190014 through its authorized signatory/representative.

   … … … Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.BRIJ MOHAN SHARMA,     MEMBER

                               

Argued by:    Sh.Sandeep  Bhardwaj, Counsel for Complainants.

None for OP No.1.

OP No.2 ex-parte.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainants have filed the present complaint pleading that they planned a tour to Srinagar and in order to avail the booking facility at Srinagar, they approached the OP No.1. The OP No.1 assured for arranging good tours & travel and hotels at Srinagar, as such, the complainants booked three Indigo Flights from OPs for travelling from Chandigarh to Srinagar for the period of three days i.e. 09.07.2023 to 11.07.2023 by paying an amount of Rs.1,34,000/- on 30.06.2023 towards the air tickets. The OP No.1 even booked Khyber Gulmarg Orient/3 Rooms 2 Luxury Balcony Room-Gulmarg View + 1 Luxury Balcony Room-Himalayan View in the Hotel Orient Vacation on 30.06.2023 for the complainants. The OP No.2 confirmed the booking. An amount of Rs.2,81,800/- was paid by complainants towards the hotel booking. As per the schedule, the flight was supposed to depart from Chandigarh at 7.55 AM and reach Srinagar at 9.15 AM on 09.07.2023.

 

    On 08.07.2023, the complainants came to know online that the flights will be delayed on 09.07.2023 due to bad weather conditions and heavy rainfall. As per online portal of the OPs, the scheduled time for departure changed from 7.55 AM to 12.30 PM. Due to sudden change in the weather conditions, the complainants had no other choice but to cancel the said bookings. Accordingly, they contacted the OP No.1 for cancellation of the bookings and requested to initiate the refund process. The complainants further pleads that it came to their utter surprise when OP No.2 vide its email dated 09.07.2023 informed that the weather conditions have been improved and told the complainants to travel as per schedule. It is stated that the cancellation of the flights was beyond the scope of the complainants and not willfully or deliberately cancelled the said flights. On 10.07.2023, the complainants sent an e-mail to the OPs requesting them to at least initiate partial refund or to change the date of travelling but the OPs refused to accommodate the complainants and even told the complainants that the cancellations/amendment won’t be possible as the booking is covered under non-cancellation window. Even complainants sent another e-mail to the OPs informing them about the high alert situation in northern states i.e. Punjab, Haryana, Himachal Pradesh, Chandigarh, Delhi, Jammu & Kashmir but the OPs paid no attention to the request of the complainants.

 

    The complainants paid an amount of Rs.1,34,000/- towards the air tickets and an amount of Rs.85,000/- has been refunded to the complainants and the balance amount of Rs.49,000/- has not been refunded till date. Even the amount of Rs.2,81,800/- towards the booking of hotel rooms has not been refunded by OPs. Alleging the aforesaid act of OPs deficiency in service and unfair trade practice on their part, this complaint has been filed with a prayer to refund balance amount of Rs.49,000/- towards the air tickets, Rs.2,81,800/- towards the booking of hotel rooms along with interest, compensation for mental agony & harassment and cost of litigation. 

2]       The OP No.1 in their written version, while admitting the factual matrix of the case, stated that they made the payments to the OP No.2 hotel on receipt of the same from the complainants. It is stated that on 08.07.2023, there were flood like situation in North India and complainants were afraid of travelling to Gulmarg. Complainants requested to postpone dates in the evening around 8 PM and OP No.1 mailed to the OP No.2 hotel and they reverted that weather is fine and booking is non-refundable non changeable. The complainants got their flights cancelled in less than 24 hours and airline refunded money after deducting the airline penalty of approximately Rs.47,000/- and approximately Rs.87,000/- was refunded. OP No.2 despite repetitive mails did not allow booking modification and did not provide any waiver.

 

    It is stated that all payments have been done to OP No.2 and the amount has been forfeited by OP No.2, hence, OP No.1 has no role in harassment of complainants.

 

3]      The OP No.2 did not turn up despite service of notice, hence, OP No.2 was proceeded ex-parte vide order dated 12.03.2024.

4]      Replication has also been filed by the complainants controverting the assertions of OP No.1 as made in their written version.

5]       Complainants placed on record their evidence by way of affidavits in support of their contention, whereas OP No.1 did not file evidence by way of affidavit in support of its contention.

6]       We have heard the learned counsel for the complainants and have gone through entire documents on record.

 7]      It is evident from Annexure C-1 to C-5, i.e. copy of booking details/details of payment, that the complainants booked three Indigo Flight Tickets from OP No.1 for travelling from Chandigarh to Srinagar for the period 09.07.2023 to 11.07.2023 and an amount of Rs.1,34,000/- was paid towards the air tickets. The complainants also got reserved Khyber Gulmarg Orient/3 Rooms 2 Luxury Balcony Room-Gulmarg View + 1 Luxury Balcony Room-Himalayan View in Hotel Orient Vacation (OP No.2) for 9^th to 11^th July 2023 and in this regard an amount Rs.2,81,800/- was paid by the complainants to OPs. Annexure C-6 & C-7 are the copies of travelling schedule/delayed flight status. However, on 08.07.2023, due to sudden change in weather conditions, the complainants requested the OPs for cancellation of the bookings and claimed the refund of their deposited amount. The OPs declined the request of the complainants. The e-mail exchanged between the parties are placed on record as Annexure C-8(colly).

8]       Having perused the entire record available on the file, we find force and substance in the version of the complainants. The complainants made a request for the cancellation of the bookings on 08.07.2023 i.e. one day prior to the day of booking. Even the complainants have also requested for alternative dates. The OPs declined the request of the complainants for the refund of deposited amount towards the hotel booking on the ground that cancellation/amendment is not possible as the booking is in the non-cancellation window. However, we do not find any documents containing policy terms and conditions vide which in case of cancellation or no show 100% of the retention charges will be applicable. In the absence of any such document entitling the OPs to retain 100% charges no reliance can be placed on the bald assertion of the OPs.

9]      According to the complainants, due to sudden bad weather conditions, which were beyond their control, the bookings had to be cancelled.

    The version of the complainants is also supported by order dated 09.07.2023 issued by District Disaster Management Authority, Chandigarh (Annexure C-8 colly) vide which taking into consideration the heavy rain fall and water logging, order and advisories were issued to the general public, private institutions and government/semi-government offices in Chandigarh for safety of public.

    On the other hand, we find that the OPs have not adduced any evidence controverting the version of the complainants. The OP No.2 did not appear to contest the claim of the complainants and preferred to be proceeded ex-parte, thus, we have unrebutted and uncontroverted version of the complainants which is duly supported by affidavits alongwith documents Annexure C-1 to C-8. It would not be out of place to mention here that OPs have not adduced any evidence on record showing that the booked rooms remained vacant due to the cancellation of rooms by the complainants. In the absence of any such record, it can be safely presumed that the OPs had utilized the said rooms by providing the same to any other customer after obtaining the requisite charges.

10]     The cancellation of the complainant’s proposed journey was not due to any fault or lapse on the complainant’s side. The journey was cancelled due to bad weather conditions as it would be unsafe to travel in such unpredictable weather. However, the OPs turned down the complainant’s rightful demand without any proper justification. In view of the above stated facts, we have no hesitation to conclude that there has been lapse and deficiency on the part of the OPs while delivering services to the complainants; hence, the complainants are entitled to relief.

11]      Admittedly, out of Rs.1,34,000/- towards the air tickets, the complainants have already received an amount of 85,000/- and Rs.49,000/- remains to be paid.

12]     As a sequel to the above discussion, we partly allow the present complaint with the following directions:-

i)  OPs shall refund the balance amount of Rs.49,000/- (towards the air tickets) to the complainants in proportionate to their payments.

ii) OPs shall refund the amount of Rs.2,81,800/- (towards the booking of hotel rooms) to the complainants in proportionate to their payments.

iii) OPs shall pay lump sum compensation of Rs.30,000/- to the complainants in equal shares on account of mental agony & harassment including litigation expenses.

        The above said order shall be complied with by the OPs within a period of 45 days from the date of receipt of certified copy of this order failing which OPs shall be liable to pay interest @ 9% p.a. of the above mentioned amounts thereafter.

13]      The pending application(s) if any, stands disposed of accordingly.

 

        The Office is directed to send certified copy of this order to the parties, free of cost, as per Rules under The Consumer Protection Rules, 2020. After compliance file be consigned to record room.

Announced

25.11.2024                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (BRIJ MOHAN SHARMA)

MEMBER

as