Delhi

East Delhi

CC/721/2015

JITENDRA - Complainant(s)

Versus

FREEDOM 4 TRAVEL - Opp.Party(s)

04 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 721/15

 

Shri Jitendra Jain

133, 2^nd Floor

Dayanand Vihar, Delhi – 110 092                                          ….Complainant

 

Vs.

 

1. M/s. Freedom 4 Travel

108, MP Mall, Pitam Pura

New Delhi – 110 034

 

2. Ms. Swati

Sales Executive

108, MP Mall, Pitam Pura

New Delhi – 110 034

 

3. Ms. Priyanka

Sales Executive

108, MP Mall, Pitam Pura

New Delhi – 110 034                                                                       ….Opponents

 

Date of Institution: 22.09.2015

Judgment Reserved on: 04.11.2016

Judgment Passed on: 10.11.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

 

 

JUDGEMENT

The complainant Shri Jitendra jain has filed a complaint under Section 12 of the Consumer Protection Act against M/s. Freedom 4 Travel (OP-1), Ms. Swati, Sales Executive of OP-1 (OP-2) and Ms. Priyanka, Sales Executive of OP-1 (OP-3).

2.        The facts in brief are that the complainant approached OP-1 for availing tour package, which was offered for a value of Rs. 1,05,000/- inclusive of all taxes.  The tour program was as follows:-

Dates	Place	Lodging Boarding at	Visiting Sites
13.08.15 to 15.08.15	Shillong	Tripura Castle	Umium Lake, Cherrapunjee, Local sightseeing at Shillong
16.08.15	Guwahati	Nil	Local sightseeing
17.08.15 to 19.08.15	Darjeeling	Viceroy	Local sightseeing, Mirik
20.08.15 to 21.08.15	Pelling	Norbhughang	Local sightseeing
22.08.15 to 24.08.15	Gangtok	Keepsa	Local sightseeing, Tsomgo Lake, Baba Mandir

 

            He made an initial payment of Rs. 25,000/- on 14.04.2015 and the balance amount of Rs. 80,000/- was paid in 4 installments such as:

Installment	Amount	Date of payment
I	25,000/-	15.05.2015
II	25,000/-	22.06.2015
III	20,000/-	30.07.2015

            The complainant was supplied service vouchers of the tour by OP-1 through OP-2 and OP-3 on 08.08.2015.  This was confirmed by OP by email of dated 12.08.2015, which was coupled with an attachment being hotel vouchers at Shillong, confirmed receipt of full and final tour cost payment.  Cost of the tour was for complete lodging and boarding, sightseeing, tours and transfers and meals (breakfast and dinner only) and all applicable taxes.  However, complainant was shocked when OP-1 through its sales executive telephonically informed about the change of the tour program by change of Four Star Hotel, Tripura Castleto Three Star Hotel Center Point at Shillong on 11.08.2015 at around 1 p.m.

            Late evening on 12.08.2015, the complainant was given the details of the driver to receive the complainant and his wife on reaching Guwahati around 10 a.m. on 13.08.2015, which caused a huge panic and inconvenience to the complainant and his wife before they started journey.  When the complainant reached there, he was received by the driver as per the details provided by OP and on 13.08.15 and 14.08.15, the complainant remained in the changed Three Star Hotel.  At Center Point Hotel at Shillong, driver viz. Mr. Kishore demanded an amount of Rs. 10,000/- in spite of having their package.  When the complainant contacted Ms. Swati (OP-2), she assured them that they have already made the payment, which was denied by their local agent at Shillong.  Thus, the complainant was deprived of availing the services of tour package as agreed.  It is further stated that the driver reluctantly agreed to take the complainant and his wife to Guwahati on 16.08.2015.  Here again, they were denied car facility for sightseeing as per the tour program.  They were to incur additional expenses for the boarding of himself and his wife at Guwahati on 16.08.2015.  They called OP-2 on 16.08.2015 about the details for the driver and taxi for pick-up of the complainant and his wife on their arrival at New Jalpaiguri railway station at 6 a.m. on 17.08.2015, but did not get any details.  Though, they made several calls to OPs, but did not get any response until 5.45 a.m. on 17.08.2015. 

It is further stated that on reaching Darjeeling on 17.08.2015, they were received by the driver and transferred to the Hotel Viceroy at Darjeeling at 9 p.m.  The complainant faced the same demand of payments for hotel and taxi bills by the Manager of Hotel Viceroy as M/s. Shah Tours & Travels claiming to be the sub-agent of New Jalpaiguri of OP-1 have not received any payment for the bookings from OP-1.  Again, they faced the same problem, which was faced by them at Shillong.  The staff of Hotel Viceroy at Darjeeling, gave a letter of dated 18.08.2015 stating the inconvenience caused to the complainant due to no such payment received by them.  Thus, it has been stated that they have no option, but to return back to Delhi on 19.08.2015, even prior to the schedule return on 25.08.2015.  Hence, they have stated that there have been deficiency on the part of OP-1, OP-2 and OP-3.  Hence, they have claimed refund of all money, paid by the complainant against receipt, issued by OP-1, air ticket amount of Rs. 13,418/- with interest along with cost of the complaint.

3.        Notice was given to all OPs, however, they did not put the appearance, hence they have been proceeded ex-parte.

4.        In support of its case, the complainant has examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents such as, detailed itinerary (Ex.CW-1/1), payment receipts of Rs. 25,000/- made on 14.04.2015 (Ex.CW-1/2), payment receipts of dated 15.05.2015, 22.06.2015, 30.07.2015 and 08.08.2015 (Ex.CW-1/3)(colly), service vouchers issued by OP-1 through OP-2 & 3 of dated 08.08.2015 (Ex.CW-1/4), copy of receipts of email dated 12.08.2015 (Ex.CW-1/5), copy of air tickets for 13.08.2015 (Ex.CW-1/6), copy of letter of dated 18.08.2015 from the Manager of Hotel Viceroy at Darjeeling (Ex.CW-1/7), copy of scheduled returning ticket for Delhi dated 25.08.2015 from Bagdogra to Delhi (Ex.CW-1/8) and notice along with postal receipts (Ex.CW-1/9).

5.        We have heard Ld. Counsel for the parties and have perused the material placed on record.  From the documents got exhibited in the testimony of the complainant, it is noticed that tour pogram of the complainant was from 13.08.2015 to 24.08.2015 as per Ex.CW-1/1.  Further, from Ex.CW-1/2 and Ex.CW-1/3, which are the receipts, it is noticed that the complainant made a payment of Rs. 95,000/-, though he has stated that he made payment of Rs. 1,05,000/-.  Service voucher    Ex.CW-1/5 show that the complainant alongwith his wife was to stay from 13.08.2015 to 17.08.2015 at Shillong in Tripura Castle Hotel.  This document shows that the amount was paid at Delhi.  Package included all transfers and sightseeing, accommodation etc.etc.  From 17.08.2015 to 20.08.2015 stay in hotel Viceroy in Darjeeling and from 20.08.2015 to 22.08.2015 in Hotel Norbhughang in Peeling and from 22.08.2015 to 25.08.2015 in Hotel Keepsa in Gangtok.  The package also included sightseeing and transfer alongwith other facilities.  Amount was also paid at Delhi.  Thus, from these documents, it is evident that the complainant was to avail the facility of sightseeing and transfer under the package tour for which he has already paid at Delhi to Freedom 4 Travel (OP-1).  From the letter of Hotel Viceroy, Darjeeling (Ex.CW-1/7), it is evident that the complainant alongwith his wife was to face difficulty while availing the tour package.  This letter also shows that due to panic and tension, they decided to pre-pone their ticket back to Delhi by cutting short their tour program.

            When they have not enjoyed the package tour and were to face many problems, such as room booking as well as transportation at Darjeeling, the version of having faced the similar problem at Guwahati at Shillong have to be accepted.  Having faced such inconvenience, they have to cut short the tour and to fly back from Bagdogra to Delhi for which they have made the payment as per Ex.CW-1/8.  Thus, having booked the package tour by M/s. Freedom 4 Travel (OP-1) and not having given the service as per the program, certainly, there was deficiency in service on the part of OP-1.  Since Ms. Swati (OP-2) and   Ms. Priyanka (OP-3) are the sales executive of OP-1, it is only Freedom 4 Travel (OP-1), who have to be accountable for the services rendered by their officials.  Therefore, the liability for deficiency service can be fastened only on Freedom 4 Travel (OP-1). 

6.        The fact that Freedom 4 Travel (OP-1) have been deficient in their services, certainly, they are liable for the same.  Therefore, we order that they have to pay a lump-sum amount of Rs. 50,000/- on account of deficiency in services including the cost of litigation.

The awarded amount be paid within a period of 40 days, failing which, the total amount of Rs. 50,000/- will carry 9% interest from the date of filing till realization.

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President