Final Order / Judgement | aDISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 78 of 8.3.2017 Decided on: 9.12.2020 S.K.Aggarwal, aged 60 years, son of Sh.Nanak Chand Aggarwal, resident of House No.164, Phulkian Enclave, Patiala. …………...Complainant Versus Go Disha, registered office at 155/156, Ist Floor, Shopping Centre, Near G.T.Hospital, Mumbai. …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.Hemant Nanda, counsel for complainant. Opposite party exparte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by S.K.Aggarwal (hereinafter referred to as the complainant) against Go Disha (hereinafter referred to as the OP/s) under the Consumer Protection Act,1986(hereinafter referred to as the Act).
- Briefly the case of the complainant is that he worked as D.G.M. in State Bank of Patiala and has retired from his services on October,2016.
- It is averred that he alongwith his wife went to LFC on the domestic package (Package two) through OP to South Africa for which the OP received an amount of Rs.3,10,000/-.The payment was made by the complainant through his bank account on 7.1.2017 and 12.1.2017.
- It is further averred that after confirming the flight on 17.1.2017 for the complainant and his wife the OP issued tickets .The complainant sent passports to the OP through courier namely Blue Dart on 19.12.2016 for visa purposes which were duly received by the OP.
- It is averred that the complainant alongwith his wife started journey from Delhi to Chennai by air and further Chennai to Trichy on 15.1.2017 by hiring a taxi. Thereafter they reached at Mumbai on 17.1.2017 for their tour for South Africa. It is averred that the OP promised to the complainant to handover the passports alongwith visa at the Airport but they shocked when the OP did not handover the passports due to non-availability of visa, as a result of which the complainant missed the flight.
- It is further averred that the OP asked the complainant to pay Rs.20,000/-extra for providing visa alongwith tickets on the next day i.e. on 18.1.2017, which the complainant has to pay due to unavoidable circumstances and negligence on the part of the OP. The OP handed over the passports and visa to the complainant on 18.1.2017 at 3:00AM. The complainant alongwith his wife started their journey from Mumbai to South Africa.
- It is averred that the OP assured the complainant before their journey that the amount already paid by him is whole amount of tour package but the complainant was surprised when the taxi driver at South Africa demanded equivalent to Rs.7000/- more and the complainant has to pay the same to taxi driver.
- It is further averred that the complainant has also to spent more amount for staying at Mumbai for one day, for the negligence and deficiency on the part of the OP, which caused mental agony and harassment to the complainant.
- On this background of the facts, the complainant has filed this complaint with the prayer to accept the same by giving direction to the OP to refund the amount of Rs.27,000/-; to pay Rs.1,50,000/-as compensation for causing mental harassment & tension; to pay Rs.20,000/- as legal expenditure.
- Notice of the complaint was issued to the OP through registered post which was neither received back nor the OP appeared to contest the case. Hence the OP was proceeded against exparte vide order dated 22.6.2017.
- In support of the complaint, the ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C12 and closed the evidence.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- Notice of the complaint was duly served upon the OP but it did not come present to contest the complaint, therefore, the averments of the complaint and the evidence lead by the complainant remained unrebutted.
- So from the evidence on the file it is clear that the complainant alongwith his wife took a package to go South Africa and paid Rs.3,10,000/- and payment was made through bank account maintained by the complainant at State Bank of Patiala, Mall Road Branch, Patiala.The complainant missed his flight and has to pay Rs.20,000/- from his pocket due to unavoidable circumstances and negligence of the OP. The complainant has also to pay Rs.7000/- extra, which was to be paid to the complainant.
- So from the above discussion the complaint stands allowed and the OP is directed to refund Rs.20,000/-, as promised by it and also to pay Rs.7000/- to the complainant alongwith interest @6% per annum from the date of filing of the complaint alongwith Rs.5000/- as compensation and Rs.5000/- as legal expenditure. Compliance of the order be made by the OP within a period of 45 days from the date of receipt of certified copy of this order.
ANNOUNCED DATED:9.12.2020 Y.S.Matta Jasjit Singh Bhinder Member President | |