Chandigarh

DF-II

CC/947/2017

Amardeep Singh - Complainant(s)

Versus

Grand Travel Planers (P) Ltd., - Opp.Party(s)

Manpreet Singh Dua Adv.

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	947 of 2017
Date  of  Institution	:	19.12.2017
Date   of   Decision	:	13.02.2018

 

 

 

 

1]  Amardeep Singh s/o S.Surinder Singh, R/o 1124/1, Model Town Ludhiana (presently residing at E-301, KLV Signature Towers, Sector 66-A, Mohali. 

2]  Gurpreet Kaur w/o Amardeep Singh, R/o E-301, KLV Signature Towers, Sector 66-A, Mohali through its authorised representative Amardeep Singh.

3]  Haribadat Kaur (aged 7 years) D/0 Amardeep Singh, R/o E-301, KLV Signature Towers, Sector 66-A, Mohali through its authorised representative/Legal Guardian Amardeep Singh.

4]  Harkanwar jeet Singh s/o Hardial Singh, R/o #1469, Progressive Society, Sector 50, Chandigarh through its authorised representative Amardeep Singh.

5]  Ramneet Kaur w/o Harkanwar jeet Singh s/o Hardial Singh, R/o #1469, Progressive Society, Sector 50, Chandigarh through its authorised representative Amardeep Singh.

6]  Harniwaaz Singh (Aged 7 years) S/o Harkanwar jeet Singh s/o Hardial Singh, R/o #1469, Progressive Society, Sector 50, Chandigarh through its Legal Guardian Harkanwar jeet Singh.    

             …..Complainants

Versus

1]  Grand Travel Planers (P) Ltd., R/o SCO 117-119, First Floor, above Canara Bank, Sector 17-C, Chandigarh 160017 through its Managing Director.  

2]  Gurneet Kaur, Manager C/o Grand Travel Planers (P) Ltd., R/o SCO 117-119, First Floor, above Canara Bank, Sector 17-C, Chandigarh 160017

   ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                                               

 

 

For complainant(s)      : Sh.Manpreet Singh Dua, Advocate

 

For Opposite Party(s)   : OPs exparte.

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly, the case of the complainants is that they booked 7 nights & 8 days Thailand Tour Package with Opposite Party No.1 for 4 adults and 2 children and paid an amount of Rs.1,78,000/- (Ann.C-2 Colly).  It is averred that the list of programs (itinerary) was given to the complainants by Opposite Parties through email Ann.C-3. It is also averred that as per the list (itinerary), the OPs were to provide the following services:-

1. Double Bed Rooms,
2. English Speaking Guide,
3. Return Transfer to safari world and marine park including Lunch,
4. Return Transfers to the Cruise for Dinner,
5. Return Transfers to the Coral Island including Lunch on Seat in Coach Basis,
6. Return transfer services from Chandigarh to Delhi Airport and from Delhi Airport to Chandigarh
7. Return Airport/Intercity Transfers.

 

         It is further averred that the OPs after taking full payment, dishonestly forwarded a revised itinerary to the complainants as the English speaking guide services were not mentioned there, but still the Opposite Parties promised to provide the said guide. 

         It is submitted that the complainants were not provided the English speaking Guide in the whole tour and faced language problem. It is also submitted that on 30.9.2017, the complainants after reaching in Siam Bayshore Hotel at Pattaya, were given twin sharing bed room No.141 and 145 instead of Double Bed Rooms. It is further submitted that despite objection raised by the complainant, they were again offered Twin sharing bed rooms NO.2009 and 2010 from 30.9.2017 to 3.10.2017 (Ann.C-6 colly.).  It is stated that complainants were sent an apology message from the OPs and Siam Bayshore Hotel Staff (Ann.C-7).  It is also stated that on 2.10.2017, the complainants was to visit Coral Island, but due to non-providing of English Speaking guide (which was promised by the OPs), they complainant and their families were boarded in wrong boat and they struck in the middle of seal for three hours and suffered great harassment and mental stress. It is further stated that on 4.10.2017, the complainants and their families had to visit Cruise for dinner, but the cruise was missed due to late pick-up arranged by the OPs (Ann.C-8).  It is submitted that on 6.10.2017, the complainants and their families had to visit Safari World, but no one came to pick the complainants for the Safari World, so the complainants themselves had to purchase tickets and visited the Safari world.  It is also submitted that the complainants hired a car from Uber and returned to the Hotel (Ann.C-9 & C-10). It is further submitted the complainant also hired transfer services from Chandigarh to Delhi Airport and from Delhi Airport to Chandigarh, but the Innova vehicle sent by the OPs was very old with mileage of above 250000 kilometers (Ann.C-11).  It is pleaded that the vehicle sent by the OPs on 7.10.2017 was not fit to travel as the seat belt lock was broken and there was no air conditioned vent in the car, so the complainant declined to travel in it (Ann.C-12 & C-13). Thereafter, the complainants approached the OPs and also sent legal notice to them highlighting the grievances of the complainants, but they did not pay any heed.  Hence, this complaint has been filed alleging gross deficiency in service on the part of OPs.

 

2]       The Opposite Parties did not turn up despite service of notice, hence they were proceeded exparte vide order dated 24.1.2018.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       In the present complaint, the complainants by placing on record the invoice Ann.C-1 proved the payment of Rs.1,78,000/- to the Opposite Parties towards Thailand Package for 4 adults & 2 children. The evidence placed on record corroborates the allegation set out in the complaint, which is supported by the duly sworn affidavit of the complainant.

 

6]       The evidence led by the complainants has also gone unrebutted and uncontroverted as none on behalf of the OPs put in appearance to refute the allegations made in the complaint.  It can, thus, be concluded without any hesitation that either they admit the claim of the complainant or have nothing to say in the matter.  The evidence led by the complainant establish the discrepancies in the services provided by the OPs, which definitely would have caused great harassment to the complainants overseas.  For the inadequate services of the OPs and for the harassment suffered by the complainant for the deficiency in service, the complainants deserves to be adequately compensated.

 

 

7]      In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed qua the OPs. The OPs are directed as under:

1. To pay an amount of Rs.35,000/- to the complainants as compensation for causing them harassment & mental as well as physical agony on account of rendering deficient services.
2. To pay Rs.7000/- as litigation expenses.

 

         This order shall be complied wit­h by the OPs within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay interest @9% per annum on amount as mentioned at sub-para (a) above from the date of this order till it is paid, apart from paying litigation expenses.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

13^th February, 2018                                                                                                                                                                          Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 

 (PRITI MALHOTRA)

MEMBER