Haryana

Panchkula

CC/175/2022

ANSHUL DENGTA - Complainant(s)

Versus

FORB TRAVEL - Opp.Party(s)

IN PERSON

10 Jan 2023

ORDER

          BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	175 of 2022
Date of Institution	:	23.05.2022
Date of Decision	:	10.01.2023

 

 

Anshul Dengta # 546, Sector-4,Panchkula-134112

 

                                                                           ….Complainant

Versus

Forb Travel, Plot No.738, Sector 82, Industrial Estate, Sahibzada Ajit Singh Nagar, Punjab- 160055.

                                                                                                                                                                                                          ….Opposite Party

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:   Complainant in person.

                        OP already ex-parte vide order dated 19.07.2022.

                       

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             Briefly stated the facts of the present complaint are that the complainant availed the holiday plan belonging to OP vide membership no.FTK509263, under classic category, by making the down payment of Rs.12000/- out of total payable sum of Rs.120000/The balance amount of Rs.108000/- was payable by way of EMI of Rs.3600/per month for a period of 30 months. The complainant was entitled to avail one fully paid trip in addition to 3 holidays, in India, Asia and International. It is alleged that when he approached the Op to avail the assured services, he came to know that no services could be availed without making half of the payment. It is alleged that he approached the OP on 12.02.2022 to extend the validity period of his travel plan, which was going to expire on 28.02.2022 but the OP stretched the issue from 12^th to 26^th February fully knowing that his policy was going to expire on 28.02.2022. The OPs company has failed to respond his emails promptly and failed to resolve the issue. It is further alleged that OP has failed to provide suitable services even after receiving the full amount from the complainant. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially hence, the present complaint.

2.             Notice was issued to the Op through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP hence, it was deemed to be served and thus, due to non appearance of OP it was proceeded ex-parte by this Commission vide its order dated 19.07.2022.

3.             To prove the case, the complainant has tendered affidavit as Annexure CA along with documents Annexure C1 to C7 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant and gone through the entire record available on the file including synopsis filed by the complainant, minutely and carefully.

5.             During arguments, the complainant reiterating the averments made in the complaint as also in the affidavit Annexure CA has contended that the OP had failed to provide the fully paid trip as well as three days additional holiday accommodation as per the holiday plan Annexure C3 despite the fact that whole payment amounting to Rs.120000/ was paid by him to the OP till the month of Feb.2020 and thus, has prayed for acceptance of the complaint by granting the relief as prayed for in the complaint.

8.                The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly it was proceeded ex-parte vide order dated 19.07.2022 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

9.             Evidently, the holiday plan belonging to OP was obtained by the complainant on 10.10.2017 vide membership no.FTK509263, wherein he was entitled to avail one fully paid trip after the payment of full amount i.e. Rs.120,000/ It is also evident that as per terms and conditions of the Forb Travel Kitty scan annexure C3 the complainant could avail the one fully paid trip under classic category for 4N & 5D which was later on revised to 5N & 6D within a period of 18 months after making the full payment. It is also evident as per (Annexure C-5) and email dated 06.03.2020 & 13.03.2020 that full payment of  sum of Rs.120000/ was made by the complainant till February/ March, 2022. As per Clause 12 of said certificate Annexure C3 fully paid trip could be availed within 18 months after making the full payment; as such, the complainant could avail the fully paid trip from March, 2020 to August/ September 2021. At this juncture, it is relevant to highlight here that the above said period of 18 months unfortunately coincided with Covid 19, period wherein severe restrictions were imposed on the vehicular traffic including the air traffic across the world. As such, during the said period, neither the OP was in a position to deliver its services qua making arrangements in India or aboard nor the complainant was in a position to avail the said services. However, the OP had given the extension of 6 months only on account of COVID-19 situation extending the validity period of the holiday plan up to 01.03.2022  Annexure C6. During the validity period of holiday plan, the complainant vide his email dated 12.02.2022 requested the OP to extend the validity period at least for a year. We find on record the email dated i.e.15.02.2022, 17.02.2022, 21.02.2022, 24.02.2022, 27.02.2022 which were sent by the complainant to Op requesting for resolution of his grievances but neither the period was extended nor any suitable reply was given to the complainant and ultimately during the validity period on 27.02.2022 the complainant sent the email to the OP requesting to arrange a plan for him. On the other hand, the OP neither arranged any tour plan for the complainant nor extended the period of the travel plan. However, vide email dated 14.03.2022, the OP had agreed to extend the period on payment basis. Since the OP has failed to arrange any travel plan as prayed for by the complainant on 27.02.2022 within the validity period of holiday plan, the OP was deficient while rendering services to the complainant. The OP had failed to provide any fully paid trip or the addition holidays as per the certificate Annexure C3 to the complainant despite having received the full payment of Rs.120000/. Therefore, we hold the OP liable to compensate the complainant for its deficient services; accordingly the OP directed to refund the total amount of Rs.120000/ with interest @9%Per annum S.I. to the complainant w.e.f. the date of filing of the complaint till its realization. The OP is also directed to pay a lump sum amount of Rs.10000/ to the complainant on account of mental agony, harassment and litigation charges.

11.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 10.01.2023

 

 

 

        Dr.Sushma Garg         Dr.Pawan Kumar Saini,          Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                            Dr.Pawan Kumar Saini

                                              Member