DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 213/2014

Shri Devesh Kumar Singh,

S/o Shri Om Parkash Kanwal,

R/o IIC/75, Rachna, Vaishali,

Sector-2, Ghaziabad, UP.                                               ….Complainant

Versus

M/s Hi Life Tours and Travels Pvt. Ltd.

276/D Ground Floor, Masjid Moth,

South Extension-II, New Delhi-110049.                   ….Opposite Party

                                                  Date of Institution      :         03.06.14          Date of Order              :         23.01.19

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Briefly put the complainant, Devesh Kumar Singh approached M/s Hi Life Tours and Travels Pvt. Ltd. hereinafter referred to as OP for the purposes of availing services regarding a family tour to Malaysia from 18.06.2013 to 21.06.2013.

1. Complainants contacted the official of OP telephonically on 11.06.2013 wherein he was given an offer of 4 days 3 nights tour trip from Singapore-Malaysia-Singapore costing Rs.47,000/-. The complainant averred that initially the itinerary told to him did not include ‘Genting In and out door theme park ride’. Additionally he was informed that no extra bed was possible at ‘First World Hotel at Genting. It is further stated that pursuant to the request made by the complainant on 12.06.2013 fresh offer of 4 days 3 nights tour trip from Singapore-Malaysia-Singapore costing Rs.49,000/- which included all the earlier offers along with the extra bed in Hotel at Genting Malaysia was accepted by the complainant.
2. Having accepted the same, the complainant paid Rs.49,000/- to OP by transferring the said amount online from his saving Bank account to OP’s account.
3. It is next averred that in furtherance to the confirmation of the said package on 13.06.2013 OP had sent an email containing the contact details along with itinerary and bus tickets for Singapore to Malaysia for the entire family. Copies of the said emails are annexed as Annexure A-12 to A-15.
4. To utter shock and dismay of the complainant on 13.06.2013 in the evening when the complainant was scheduled to leave for Singapore the complainant received information from OP regarding change of itinerary. Annoyed and disturbed by the behaviour of OP complainant asked OP to cancel his trip and to refund the entire amount paid to OP. However, due to the intervention of one of the representatives of OP the complainant was pacified as OPs additionally offered him a complimentary dinner on account of change in the itinerary. On reaching Malaysia when the complainant reminded OP of the additional offer of complimentary dinner, the OPs refused to honour the same.
5.  Complainant was to board a bus on 17.06.2013 but to his surprise and dismay when the complainant along with his family reached the pickup point, no bus turned up to pick them up. The complainant along with his family had to wait at the pick up point till 0145 (SIN time) hrs. And when the complainant requested OP to make alternate arrangements he was out rightly refused. Finally the complainant reported the matter to Singapore Police and got an FIR registered against OP. After coming back to India the complainant visited and communicated to OP to refund the amount of Rs.45,000/- but all in vain.
6.  Aggrieved by the circumstances above, the complainant approached this forum with the prayer to direct the OP to refund Rs.49,000/- paid by the complainant. Further to direct OP to pay Rs.50,000/- towards miscellaneous expenditure, litigation cost and Rs.2,00,000/- towards the loss of earning, mental agony and physical suffering.

2. OP resisted the compliant inter-alia on the ground that initially the complainant had booked a tour package with OP for Rs.47,000/- but later, on the request of the complainant to add an extra bed for children. OP revised the proposal to Rs.49,000/- which was duly accepted and paid by the complainants.

2.1    It is submitted by the OP that probably the complainant had some change of plan and wanted to cancel the booking therefore, the complainant has created a false case that no bus turned up to pick him up at the point of boarding. It is averred that though this was a false excuse; yet the complainant was asked to reach Malaysia on his own which was only a six hour drive. Had the complainant done so, the complainant would have been able to continue with the entire scheduled trip. It is next stated that the complainant was informed well within time to take alternative transport at the cost of OP or that of its partner at Singapore. However, complainant probably had change of his mind and was interested in somehow cancelling the tour.

2.2    OP has further denied that they had offered the complainant any complementary dinner on account of alleged change in itinerary. It is next stated that however as goodwill gesture OP provided complementary early check in and midnight surcharge for transfer without any extra fee as complainant was arriving at Kualalumpur early in the morning.

2.3    It is next averred that OP had already made expenditure for arranging the said tour. Therefore, the demand of refund by the complainant is unreasonable and wrongful. It is thus prayed that the complaint be dismissed with costs.   

3. Complainant has filed rejoinder and evidence by way of affidavit wherein all the facts in the complaint have been reiterated.
4. Evidence of Shri Vishal Jaiswal has been filed on behalf OP.
5.  Written arguments have been filed by the parties.
6. After having heard the arguments of parties and going through the material placed on record, it is observed that the complainant agreed to take the services of OP for going from Singapore to Malaysia on making the payment of Rs.49,000/-. It was the change in itinerary on 13.06.2013 that perturbed the complainant. He was disappointed to receive an email sent by OP which provided the contact details of organizers in Malaysia  along with attachment of new itinerary and Bus Ticket for Singapore to Malaysia for the entire family. It is the case of the complainant that when he received the said mail along with the bus tickets and changed itinerary, he immediately called up OP to cancel his package and refund the entire amount paid to the OP. However due to the intervention of the officials / director of the OP the complainant compromised, as he was given an additional offer of complimentary dinner on account of change in itinerary. This offer is categorically denied by OP in their mail dated 14.06.2013 wherein it is stated :-

“Dinner we have not offered because we have given you early transfer from Coach station to hotel without taking any amount from you. SIC tour is on first day in the afternoon, you can do as discussed with you. We have requested to hotel for your early check in subject to availability of room”

7. Another contention of complainant is that on 17.06.2013, the complainant along with his family reached at the pickup point as communicated to him by OP but no bus / coach turned up to pick them up at the stated pick up point. It is complainant’s case that he contacted the OP regarding the above situation and after not getting a positive response from the OP, complainant got a Police Report registered with Singapore police exhibited as Exhibit A-26. Countering the averment made by the complainant OP states that the complainant was advised by OP to reach Malaysia by taking any other mean of transport; the cost of which will be borne by the OPs which is disputed by the complainant. OP’s averment about the said offer is not supported by any documentary evidence. Bald averments hold not water in the eye of law.
8. OP has miserably failed in providing service to the complainant as travelling by coach from Singapore to Malaysia was the first contact/ service to be availed by the complainant. The complainant had to wait with his wife and small children in a foreign country till midnight for a coach, which never turned up. Therefore, we are of the opinion, there was gross deficiency of service at the very first stage of the tour. Further OP has not provided any voucher of bookings to establish if he had made any arrangements for the later stages of the tour.
9. Further it is noticed that the complainant did not avail any services of OP despite making the payment of Rs.49,000/- to OP. Hence, we allow the complaint and direct OP to refund Rs.49,000/- along with interest @ 10% per annum from the date of making the payment to OP till realization. Additionally OP is directed to pay Rs.20,000/- towards compensation for mental agony, harassment and litigation costs.
10.  OP is directed to pay the complainant within a period of 60 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 12% p.a. on Rs.49,000/- from the date of payment to OP till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 23.01.19.