| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/308/12 Date of Institution:- 01.08.2012 Order Reserved on:- 09.04.2024 Date of Decision:- 14.05.2024 IN THE MATTER OF: ShriGaganChawla Son of Shri B.L. Chawla, B-136, Malviya Nagar, New Delhi - 110017 .….. Complainant VERSUS M/s Global Passages Private Limited Through their Directors 511, AntrikshBhawan, 22, Kasturba Gandhi Marg, Connaught Place, New Delhi - 110001 .…..Opposite Part Per Dr.HarshaliKaur, Member - Allured by the advertisement of the OP, the complainant booked the travel package to Mata Vaishno Devi for himself and his friend Mr. Vishal Khairari from the OP. He made the advance payment of Rs. 13,800/- through bank transfer to the OP. The package included a night stay in Katra, pick-up and drop to/from Jammu airport, breakfast and helicopter tickets for Katra-SanjhiChahhat-Katra.
- The complainant alleges that the OP did not provide a taxi to pick him up from the Jammu airport and transfer him to the booked hotel. He ,therefore, had to make frantic calls to get the taxi. After much delay, the taxi operator sent a taxi and informed him that he had not received any booking or communication regarding thepick-up of the complainant from the OP. On reaching Katra, the complainant again found out that the OP had neither arranged for the helicopter tickets nor the darshan tickets, causing substantial inconvenience and physical discomfort to the complainant as he had to walk on foot to do the darshan as his return flight was booked for the next day.
- On the day of his departure, it again fell on the complainant to arrange the transport to the airport, as the OP had not arranged for any taxi to pick him further adding to his mental agony.The complainant repeatedly tried to contact the OP on the phone, who did not give any satisfactory answer towards the substandard travel arrangements.
- Aggrieved by the lackadaisical attitude of the OP, the complainant filed the present complaint under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practice, praying for directions to the OP to refund the cost of the helicopter tickets and pick-up and drop facilities, Rs. 22,000/- towards compensation for the harassment and agony caused by the OP and Rs. 11,000/- towards litigation costs.
- Notice was issued to the OP, who filed a reply stating that the OP is only a facilitator and coordinates the travel and lodging arrangements at the request of the user and the service provider. Admittedly, the complainant booked a package costing Rs. 13,800/- for two passengers. The package included a one-night and two-day stay at Hotel Bhavani Paradise in Katra, a pick-up/drop facility from the airport, breakfast, and complimentary air passage from Katra-SanjhiChahhat-Katra.
- Without any intimation to the OP, the complainant changed the nature of the package and travelled alone. This unwarranted change in the package created a communication gap, delaying the pick-up by half an hour. Similarly, the complainant could not be provided with tickets by the shrine board since there was a change in the number of people travelling.
- Regretting the inconvenience caused to the complainant, the OP blamed the complainant for making last-minute changes in the package, which led to airfare losses to the OP, which they did not claim from the complainant. Thus, the OP prayed for the dismissal of the complaint.
- The complainant filed his rejoinder and affidavit in evidence, reiterating the statements made in his complaint. The OP filed the affidavit of Shri Tarun Yadav, director of the OP company, who also echoed the averments made in the reply. Written arguments were filed by the OP alone. We have heard the Ld. Counsel for the complainant and liberty was given to the OP to address the oral final arguments within 7 days. The OP did not avail of this opportunity,so the order was reserved.
- We have carefully gone through the facts and circumstances of the case and perused the documents filed by the contesting parties to substantiate their respective testimonies. We find that the complainant and his friend, Mr. Vishal Khairari, booked a package from the OP company to visit Mata Vaishno Devi Shrine. He paid the consideration amount of Rs. 13,800/- for the said package through bank transfer in the OP company’s account. The package opted for by the complainant included 2 days and one-night stay at Katra, pick-up and drop at the airport, breakfast, and helicopter tickets to the Shrine.
- Due to personal difficulties, Mr. Vishal Khairaridid not avail of the package booked by the complainant, and only the complainant travelled to Jammu. The complainant alleges that the OP did not providea transport service to be picked up from the airport, which was included in the package that he had taken from the OP. The OP admitted there was a delay in picking up the complainant by half an hour.
- Further, the complainant neither received the helicopter tickets to the Shrinenor was a drop service provided by the OP to transfer him to the airport.The OP admitted to their inability to provide the tickets and delayed the transfer, as stated in their testimony. However, the OP attributed the cause of not fulfilling their promise to the complainant, stating that since he had travelled alone instead of with his friend, the OP company faced confusion and airfare losses due to the last-minute changes.
- Further, the helicopter service was complimentary, and no charge was levied on the complainant; hence, refundingthe cost of the helicopter tickets is misconceived.
- In our considered view, the OP has utterly failed to fulfil the promises made by them at the time of taking the full consideration amount towards the package towards which the OP had issued an invoice dated 14.05.2012 and 04.06.2012 annexed at page no. 7 and 8 of the complaint. After confirmation of the package, the terms and conditions agreed to between the complainant and the OP were confirmed via e-mail dated 11.05.2012, wherein the inclusions are detailed as below:
- Pick-up/drop service from Jammu airport/railway station.
- 1 room (double occupancy) will be provided for you.
- Breakfast will be provided to you.
- Helicopter tickets Katra-SanjhiChahhat-Katra.
- Further, the package includes all applicable taxes.
This e-mail read along with the testimony of Shri. Tarun Yadav makes it abundantly clear that the OP did not provide the promised service to the complainant.There is no clause in the terms and conditions to state that the complainant’s package would be affected based on the number of people travelling when the package was fully paid for by the complainant himself. - Hence, we do not find any merit in the OP’s contention that it was due to the complainant travelling alone that they could not provide him with the promised services when he had paid the full amount for the package. Therefore, finding the OP guilty of deficiency in service, we allow the complaint and direct the OP to pay the complainant a lump sum amount of Rs. 10,000/- towards compensation, mental agony and harassment that he undoubtedly would have faced on not being provided with the promised and paid-for services, inclusive of litigation charges.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 14.05.2024.
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