Punjab

Sangrur

CC/164/2019

Ram Kishor Goyal - Complainant(s)

Versus

Goomo Orbit Corporation and Leisure, Traders Private Ltd. - Opp.Party(s)

Sh. Dhiraj Jindal

23 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                             

                                               

                                                                                         Complaint No.       164

                                                                                          Instituted on:  22.04.2019

                                                                                          Decided on:    23.01.2020

 

1.   Ram Kishore Goyal son of Sh. Ram Asra Goyal resident of Asra Cottage, Hanzra Road, Sunam, District Sangrur.

2.     Sham Lal Singla son of Sh. Hari Chand, resident of Hanzra Road, Sunam, District Sangrur.

3.     Manpreet Bansal son of Sh. Surinder Kumar Bansal, resident of #142, Peer Banna Ghanoi Road, Sunam, Distt.Sangrur.

4.     Jiwan Goyal son of Shri Om Parkash Goyal, resident of Rocky Glass House, Mata Modi Road, Sunam,Distt. Sangrur.       

                                                …. Complainants  

                                Versus

 

Goomo Orbit Corporation and Leisure Traders Private Ltd. New Delhi 4/10 East Patel Nagar, New Delhi-110008 through its Managing Director. Phone No.011-45558234, 88601-84959.

                                                  ..Opposite party.

 

FOR THE COMPLAINANT            : Shri Dhiraj Jindal,Adv.            

FOR THE OPP. PARTY                    : Exparte                          

 

Quorum:    Shri Amrinder Singh Sidhu, President

                Ms.Vandana Sidhu, Member

                Shri V.K.Gulati, Member

 

Order by : Shri Amrinder Singh Sidhu, President.

      

1.             Complainants have filed this complaint against the OP alleging that they purchased a tour package of Hong Kong and China in the month of February 2018 for the period from 15^th April 2018 to 22^nd Aril 2018. The OP told about the package of Rs.1,00,000/- per person for the period from 15^th April 2018 to 22^nd April 2018 of Hong Kong and China which includes air tickets from Delhi to Hong Kong and return, food stay and sight seeing etc. The OP told that Rs.49,000/- per person have to be given in advance and the remaining amount be given one week before the tour. The OP further told the complainants that full payment will be refunded if the complainants informed about the cancellation of the booking 15 days before the start of the tour.  On the said representation of the OP, the complainants deposited the advance payment of tour package in the account number 50200021601600 of the OP and Ram Kishore Goyal deposited Rs.49,000/- on 13.2.2018, Jiwan Goyal deposited Rs.50,000/- on 13.2.2018, Manpreet Bansal deposited Rs.50,000/- on 13.2.2018 and Sham Lal Singla deposited Rs.50,000/- on 9.2.2018.

2.             Further case of the complainants is that due to some urgency, they cancelled the program and also informed the OP about the same on 1.3.2018 and email in this regard was also sent on 7.3.2018.  On 27.3.2018 the OP emailed to the complainants and told that the total cancellation is Rs.41200/- and mentioned the petty amount of refund as Rs.8800/- to Manpreet Bansal, Rs.8800/- to Jiwan Kumar, Rs.7800/- to Ram Kishore Goyal and Rs.8800/- to Sham al Singla.  But the Op failed to refund any amount to the complainants.  The complainants though got served a legal notice upon the OP on 16.5.2018 but all in vain. Thus, alleging deficiency in service on the part of the OP, the complainants have prayed that the OP be directed to refund the deposited amount of Rs.1,99,000/- i.e. Rs.49,000/- to Ram Kishore Goyal, Rs.50000/- to Jiwan Goyal, Rs.50000/- to Manpreet Bansal and Rs.50000/- to Sham Lal Singla and has claimed compensation of Rs.50,000/- and further claimed litigation expenses to the tune of Rs.15,500/-.

3.             Record shows that the OP was proceeded against exparte as the OP failed to put appearance despite service.

4.             The complainant has tendered documents Ex.C-1 to Ex.C-16 and closed evidence.

5.             We have heard the arguments of the learned counsel for the complainant and have also perused the case file. 

6.             The learned counsel for the complainants has contended vehemently that the complainants have filed this complaint against the OP alleging that they purchased a tour package of Hong Kong and China in the month of February 2018 for the period from 15^th April 2018 to 22^nd Aril 2018 and the OP told about the package of Rs.1,00,000/- per person for the period from 15^th April 2018 to 22^nd April 2018 of Hong Kong and China which includes air tickets from Delhi to Hong Kong and return, food stay and sight seeing etc. The OP had further told that Rs.49,000/- per person have to be given in advance and the remaining amount be given one week before the tour. The OP further told the complainants that full payment will be refunded if the complainants informed about the cancellation of the booking 15 days before the start of the tour.  On the said representation of the OP, the complainants deposited the advance payment of tour package in the account number 50200021601600 of the OP and Ram Kishore Goyal deposited Rs.49,000/- on 13.2.2018, Jiwan Goyal deposited Rs.50,000/- on 13.2.2018, Manpreet Bansal deposited Rs.50,000/- on 13.2.2018 and Sham Lal Singla deposited Rs.50,000/- on 9.2.2018 as is evident from the copies of the documents placed on record as Ex.C-1 to Ex.C-17. It is worth mentioning here that the Ops remain to chose exparte and did not appear despite service.  As such, we are of the considered opinion that the OPs are liable to refund to the complainant the so deposited amount with the OP.

 

7.             In view of our above discussion, we allow the complaint and direct the OP to refund to the complainants the deposited amount of Rs.1,99,000/- i.e. Rs.49,000/- to Ram Kishore Goyal, Rs.50000/- to Jiwan Goyal, Rs.50000/- to Manpreet Bansal and Rs.50000/- to Sham Lal Singla along with interest @ 9% per annum from the date of filing of the present complaint i.e. 22.4.2019 till realization.

7.        This order be complied with within a period of 45 days from the receipt of copy of this order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                     

                Pronounced.

                January 23, 2020.

 

 

        (Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)

                 Member                    Member                  President