Haryana

Kurukshetra

211/2017

Manoj Goyal - Complainant(s)

Versus

Holiday World - Opp.Party(s)

Sohan Lal

21 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.211 of 2017.

                                                     Date of institution: 04.10.2017.

                                                     Date of decision:21.03.2018.

Manoj Goyal S/o Sh. Girdhari Lal, R/o House No.692, Indira Colony, Kurukshetra, Chandigarh Children Hospital, near Ankur Nursing Home,  Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Holidays World India, Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019 (India) through it authorized signatory.
2. Sailender Pandey, Sales Manager, Holidays World India, Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019 (India).

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.   

Present:     Sh. Sohan Lal, Advocate, for complainant.   

                OPs exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Manoj Goyal against Holidays World India and another, the opposite parties.

2.            It is stated in the complaint that the Ops contacted the complainant on mobile and invited the complainant on 25.10.2016 at Hotel Kimaya, Red Road, Kurukshetra for introducing their Holidays World India Package about the luxurious stay during vacations.  It is alleged that the complainant visited at Kimaya Hotel, Kurukshetra and the complainant paid an amount of Rs.15,000/- by cheque and Rs.2350/- in cash to the Op No.2 being employee of the Op No.1.  The Ops issued a welcome letter dt. 20.12.2016, card and receipt of amount received to the complainant and assured him to provide good services.  The Ops also assured the complainant that they would provide the facilities to the complainant for a period of two years.  It is further alleged that the complainant went to Bangalore for attending the conference on 18.01.2017 to 22.01.2017 and the complainant informed the Ops about the stay in Bangalore but the Ops lingered on the matter on one pretext or the other.  Thereafter, the complainant demanded his money back and to cancel the tour package, but the Ops did not listen the genuine request of complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to pay a sum of Rs.17,350/- alongwith interest @ 18% p.a. and further to pay Rs.1,00,000/- as compensation for harassment and mental agony as-well-as Rs.11,000/- as litigation charges. 

3.            Upon notice, the OPs did not appear and opted to proceed  exparte vide order dt. 21.11.2017. 

4.               To prove his version, ld. counsel for the complainant tendered into evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C10 and thereafter, closed the evidence.

4.             We have heard the ld. Counsel for the complainant and perused the record carefully and minutely.

5.             From the pleadings and evidence of the case, it is clear that the complainant paid an amount of Rs.15,000/- through cheque and Rs.2350/- in cash and total Rs.17,350/- to the Op No.2 and purchased “Holidays World India Package” but the Ops did not provide the good services to the complainant.  In such like circumstances, the complainant is entitled for refund of Rs.17,350/- from the Ops. 

6.             Thus, as a sequel of above discussion, the complaint of complainant is allowed and the Ops are directed to pay Rs.17,350/- to the complainant.  Let the order be complied within two months, failing which, the complainant shall be entitled interest @ 6% p.a. from the date of this order till its realization and penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite parties.  Copy of this order be communicated to the parties free of cost.  File be consigned to record after due compliance. 

Announced in open court:

Dt.:21.03.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member