Delhi

North East

CC/292/2022

ANSHUL GARG - Complainant(s)

Versus

HOLIDAY TRIANGLE TRAVEL PRIVATE LIMITED - Opp.Party(s)

20 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 292/22

In the matter of:

		Sh. Anshul Garg, S/o Lt. Sh. Brij Mohan Garg, R/oC-5/45, St. No. 1/5A, C-Block, Bhajanpura, Delhi-110053		Complainant
		Versus
	1                 2.	M/s Holiday Triangle Travel Pvt. Ltd. Office at:- Plot No. 29, 3rd and 4th Floor, Dynamic House, Maruti Industrial Complex, Sector 18, Gurugram, Haryana-122015 Through its Principal officer/Director/ Managing Director   Adventure Mania Office at:- Narayan Complex, Office 101, First Floor, 4B, Near Fire Station, SaritaVihar, New Delhi-110048 Through its Principal Officer/Proprietor /Manager		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER :		18.07.22 12.12.23 20.12.23

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019 against Opposite Party No.1 i.e. M/s Holiday Triangle Travel Pvt. Ltd., Travel portal/service providing company and Opposite Party No. 2 i. e. Adventure Mania, agent of Opposite Party No.1.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had placed an order online for purchasing a tour package for Shimla from Opposite Party No.1 through their agent Opposite Party No.2. The Opposite Party No.1 sold the tour package and Complainant paid Rs. 66,200/- vide booking id 8807895. The amount was paid as Rs. 27,200/- on 24.02.22 vide UPI and balance Rs. 39,000/- on 01.03.22 vide UPI. After taking advance payment from Complainant, Opposite Party No.1 executive messaged the Complainant that instead of deluxe room, they were offering cottage and shared photos of cottages. It is stated that from the photos, those were clearly looking like tents.  However, on raising query about the quality and the heater due to cold conditions, the Opposite Party No.1 assured the Complainant that those were better than deluxe rooms and properly heated. On 25.02.22, Complainant received call from tempo traveller who asked Complainant for Rs. 10,000/- in advance and when Complainant informed him that his booked package is inclusive of all expenses, the driver disconnected the call. On 26.02.22, driver came to Complainant’s address to pick up and Complainant surprised to see that the vehicle was old and broken. The Complainant further stated that after travelling 20 km, when driver again asked Complainant to pay advance payment the Complainant called the executive of Opposite Party No.1 for help and he assured Complainant that driver would get payment in 15 to 20 minutes. The Complainant alleged that there was no coordination between booking travel agency and its driver. The Complainant further stated that when they reached Ambala, the tempo traveller broke down and it took around 3 hours to again start the journey. The Complainant stated that when they reached hotel, they were offered tents in cold weather and after so much request, they offered one normal room (Not Deluxe Room) for Complainant’s mother and rest of the family had to stay in tents in the cold weather including the small kids.  After so many requests, nothing was done to arrange rooms for Complainant. On 28.02.22 Complainant received call from Opposite Party No.2 to receive balance payment. On 01.03.22 on the way back to Delhi, Complainant paid balance payment to Opposite Party No.1. The Complainant received call from manager of hotel to clear dues despite payment already made to Opposite Parties. The Complainant sent photos of UPI payment made and told him that he had already paid for nothing. It is alleged that the Opposite Party No.1 and Opposite Party No.2 have failed to provide the services for which the Complainant had paid total amount. Hence, this shows deficiency in service on behalf of Opposite Parties.The Complainant has prayed for the cost of Tour package i.e. Rs.66,200/- along with interest rate of 24 % p.a. w.e.f the date of tour package taken and Rs. 25,000/- towards mental harassment as well as litigation cost.
2. None has appeared on behalf of the Opposite Parties. Hence, Opposite Parties have proceeded against Ex-parte vide order dated 01.02.23.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Authorized Representative of Complainant and have also perused the file.
5. The case of the Complainant is that the Complainant booked a tour package for Shimla from Opposite Parties for Rs. 66,200/- and also made advance payment of Rs 27,200/-. It is alleged that after taking advance payment from Complainant, Opposite parties’ executive offered cottages instead of deluxe room and on raising objection, the Complainant was allegedly assured that cottages were better than deluxe rooms and properly heated while on reaching there, the Complainant found them not suitable and requested to arrange rooms which the Opposite Parties could not arrange except one normal room for his mother. The Complainant had to spend the nights in cold weather in those cottages only. However, the Complainant made rest of the payment to the Opposite Parties. It is also alleged that there was lack of coordination between the Opposite parties and their taxi driver. It is alleged that the Opposite Party No.1 and Opposite Party No.2 have failed to provide the services for which the Complainant had paid total amount. Hence, the present complaint has been filed praying for entire cost of tour package and compensation.
6.  In support of his contentions, the Complainant has produced inter alia the copy of Invoice, copy of payment proof, copy of photographs of accommodation provided and copy of correspondence between him and the Opposite Parties. It is evident from the perusal of the above documents relied upon by the Complainant that Opposite Parties sold a tour package costing Rs 66,200/-from Delhi to Shimla (all nights) for the Complainant and family and promised 3 super deluxe room with breakfast and dinner for 4 days and 3 nights and 12 shelter tempo traveller from Delhi to Delhi. It is also evident that the Opposite Party had received the payment from the Complainant for the complete tour to the tune of Rs.66,200/-. It is also an admitted fact that the Complainant and his family completed the tour.
7. The allegation of the Complainant is that the Opposite Party failed to fulfil their commitment and did not provide satisfactory services. It is evident from the record that the Opposite Party failed to provide super deluxe rooms to the Complainant as agreed at the time of booking. The Complainant has also alleged that other services were also not up to the mark.
8. It is to be noted here that Opposite party has not put in appearance in spite of notice and failed to file its version, hence, we are left with no option except to believe the version of the Complainant which is testified on oath.
9. In view of the evidence led by the Complainant, the facts alleged are clearly indicative of deficiency in services on the part of Opposite Party more particularly when the Opposite Party has failed to prove to the contrary.
10. In view of above discussion and the unrebutted and uncontroverted testimony of the Complainant regarding the deficiency of services on the part of Opposite Parties, we are of the considered opinion that the Opposite Parties are liable jointly and severally for the deficiency in services towards the Complainant by not providing the services and facilities for the trip as per package and causing mental and physical agony to the Complainant and his family.  However, Complainant is not entitled to refund as admittedly, he and his family has availed the services offered by the Opposite Parties and completed the trip.
11. Thus, the complaint is allowed partly and Opposite Parties are directed to pay jointly and severally to the Complainant Rs. 25,000/- towards compensation and Rs. 10,000/- as litigation cost along with interest @ 9 % per annum from the date of this order till its recovery.

12. Order announced on 20.12.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President