Chandigarh

DF-I

CC/955/2021

Sahil Saini - Complainant(s)

Versus

Holiday Triangle Travel Pvt. Ltd. - Opp.Party(s)

Naveen Sharma

01 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/955/2021
Date of Institution	:	28/12/2021
Date of Decision	:	01/08/2023

 

Sahil Saini aged 31 years son of Sh. Mahinder Kumar Saini, resident of H.No.257, Village Dadu Majra, Sector-14, Chandigarh (U.T).

… Complainant

V E R S U S

1. Holiday Triangle Travel Private Limited, Corporate Office Address : Plot No.121, 2^nd Floor, Supreme Cowork, Akash Institute, Bhagwan Mahaveer Marg, Sector-44, Gururam-122003, Haryana. Through its Manager/Authorised Officer.
2. Travel Triangle Corporate office Address : Plot No.121, 2^nd Floor, Supreme Cowork, Akash Institute, Bhagwan Mahaveer Marg, Sector-44, Gurugram-122003, Haryana. Through its Manager/Authorised Officer.
3. I Need Trip Travels Pvt. Ltd., A-74, Office No:209, Sweet Ball Business Center, Sector-63, Noida, Uttar Pradesh. Through its Manager/Authorised Officer.

2nd Address : Corp. Office – 3-6, First Floor Shopper’s Square Mall, Sector-14, Raj Nagar, Gaziabad, India, through its Manager/Authorised Officer.

… Opposite Parties

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                               

ARGUED BY	:	Sh. Naveen Sharma, Counsel for complainant
	:	OPs ex-parte

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Sahil Saini, complainant against the aforesaid opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the OPs are running business of planning, guiding and executing holiday packages, both international and domestic destinations and OP-2 is a product of OP-1.  OP-3 is a travel agent of OPs 1 & 2 and they are online market place which connects a consumer/traveler to multiple local travel agents.  The complainant who was engaged to his fiancée, Tapasya and their marriage was fixed for 27.3.2020, had planned a trip to Europe for their honeymoon and had availed services from OPs by visiting their website regarding holiday packages.  On 12.2.2020, by using their e-services, complainant had booked a Europe tour alongwith his fiancée starting from 31.3.2020 to 10.4.2020 for a total consideration amount of ₹2,71,300/- from OP-3.  Copy of the invoice showing payment details of scheduled trip is Annexure C-1.  On 12.2.2021, booking ID:7138449 was created and as settled between the parties, complainant paid part installment of total amount of the tour as under :-

Sr. N	Date	Particulars	Chq./Ref No.	Amount (in ₹)
1.	12.02.2020	MB BOOKING AMOUNT INSTALLMENT 1	IMPS-004322731079	10,000.00
2.	13.02.2020	MB TRAVEL TRIANGLE INSTALLMENT 2	IMPS-004411047716	40,000.00
3.	14.02.2020	MB TRAVEL TRIANGLE INSTALLMENT 3	IMPS-004508939829	50,000.00
4.	17.02.2020	MB TRAVEL TRIANGLE INSTALLMENT 4	IMPS-004508939829	51,300.00
5.		Total		1,51,300.00

Copy of the bank statement as on 29.2.2020 and receipts qua the payment are Annexure C-2 to C-6 respectively.  It is further alleged that COVID-19 pandemic, which was a global pandemic of corona virus disease, had spread across the globe in December 2019 and the World Health Organization (WHO) had declared a public health emergency of international concern in the month of January 2020 and a pandemic in March 2020. Due to the pandemic, complainant and his fiancée apprehended risk to their lives in travelling to Europe and accordingly the complainant had sent an email dated 2.3.2020 (Annexure C-7) to the OPs subjecting “Cancellation of my Europe Trip Booking ID7138449”. In response to the said email, Operation & HR Manager of OP-3, Nidhi Gupta replied through email dated 3.3.2020 (Annexure C-8). Another email dated 15.3.2020 (Annexure C-9) was also received by the complainant from Travel Triangle stating there in that due to some recent issues like Corona virus and restrictions Atish Tewary was appointed as Travel Consultant (Representative). Thereafter, on 18.3.2020 when the complainant apprehended forfeiture of the full amount of the tour price, he sent an email (Annexure C-10) to the travel consultant for rescheduling the trip, but, till 8.4.2020, no response was received from the OPs. Thereafter email dated 17.4.2020 (Annexure C-12) was sent by the travel agent of the OPs stating that he was checking with the agent and will give a call to the complainant, but, till date neither the trip was rescheduled nor the amount was refunded by the OPs.  For the first time, travel consultant of OP-1 rejected the claim of refund through email dated 19.5.2020 (Annexure C-13), stating that the entire booking was under cancellation and the case stands closed from their end.  On this, complainant was compelled to send a legal notice dated 4.6.2021 (Annexure C-14) to the OPs to refund the amount, but, with no success.  OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

2. OPs 1 & 2 did not turn up before this Commission, despite proper service, hence they were proceeded against ex-parte vide order dated 17.3.2023.
3. OP-3 did not turn up before this Commission, despite proper service, hence it was proceeded against ex-parte vide order dated 3.8.2022.

2. In order to prove his case, complainant tendered/proved evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that he had booked one European trip alongwith his fiancée with the OPs w.e.f. 31.3.2020 to 10.4.2020 by paying an amount of ₹1,51,300/- out of total amount of ₹2,71,300/-, as is also evident from the invoice/ travel agent details (Annexure C-1) and the receipts/ statement of account (Annexure C-2 to C-6), and further that the said booking was got cancelled by the complainant through email dated 2.3.2020 (Annexure C-7) due to the COVID-19 pandemic and the OPs remained in touch with the complainant for the refund process, but, finally rejected the refund request of the complainant vide email dated 19.5.2020 (Annexure C-13), the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the OPs amounts to deficiency in service on their part and the complainant is entitled for the reliefs prayed for in the consumer complaint, as is the case of the complainant.
   2. In order to prove his case, complainant proved the invoice/travel agent details (Annexure C-1) alongwith the payments made by him as per receipt/statement of account (Annexure C-2 to C-6) which clearly indicate that the complainant had paid an amount of ₹1,51,300/- to the OPs out of the total amount of ₹2,71,300/-. Annexure C-7 to C-12 are the various email correspondence between the parties.  Annexure C-13 is the copy of email dated 19.5.2020 which clearly indicates that the OPs rejected the request of the complainant for refund of the deposited amount and the case of the complainant qua refund was closed by the OPs.  Annexure C-14 is copy of legal notice through which the complainant again asked the OPs to refund the aforesaid amount.
   3. Close scrutiny of the entire evidence led by the complainant, as discussed above, clearly indicates that the complainant had booked a European trip through the OPs w.e.f. 31.3.2020 to 10.4.2020 for a total consideration amount of ₹2,71,300/-, out of which he had paid an amount of ₹1,51,300/- and further it is an admitted case of the complainant that the booking was w.e.f. 31.3.2020, during which the COVID-19 pandemic had triggered world over and further when it has come on record that the complainant had requested the OPs through request email dated 2.3.2020 in advance for cancellation of the booking, as during the aforesaid booking period there was lockdown all over the country and nobody was allowed to fly and even the flights were suspended, it is safe to hold that the rejection of the request of the complainant for refund of the aforesaid amount by the OPs amounts to deficiency in service, especially when the entire evidence led by the complainant is unrebutted by the OPs. 
   4. It was otherwise the bounden duty of the OPs to refund the aforesaid amount to the complainant as nothing could have been done by the complainant during the booking period, when the whole world was under the grip of COVID-19 pandemic.  Hence, the present consumer complaint deserves to succeed and the OPs are liable to refund the aforesaid deposited amount alongwith interest and compensation for the harassment suffered by the complainant.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to refund the deposited amount ₹1,51,300/- to the complainant alongwith interest @ 9% per annum from the date(s) of payment, till realization of the same.
2. to pay an amount of ₹15,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 01/08/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Suresh Kumar Sardana] Member