STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
Appeal No. | : | 36 of 2017 |
Date of Institution | : | 27.02.2017 |
Date of Decision | : | 12.04.2017 |
Pushpendra Pratap Sharma son of Mr. Ramakant Sharma, resident of H. No.876, First floor, Sector 17, Panchkula, Haryana 134108.
…Appellant
V e r s u s
HOLIDAY WORLD, 127/6 House No.133, Katwaria Sarai, Near Qutub Hotel, New Delhi 110016.
...Respondent
Appeal under Section 15 of the Consumer Protection Act, 1986 against order dated 10.01.2017 passed by District Consumer Disputes Redressal Forum-I, U.T. Chandigarh in Consumer Complaint No. 856/2016.
Argued by: Mr.Varun Chawla, Advocate for the appellant
Respondent ex parte.
BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT MR.DEV RAJ, MEMBER
MRS. PADMA PANDEY, MEMBER
PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT
District Consumer Disputes Redressal Forum-I, U.T. Chandigarh (for short ‘the Forum’ only) vide order dated 10.1.2017 partly allowed consumer complaint bearing No.856 of 2016 filed by the appellant/complainant, granting him an amount of Rs.10,000/- towards compensation for mental and physical harassment and also Rs.5000/- towards litigation expenses.
2. In this appeal, appellant/complainant has prayed that he is entitled to get refund of the entire amount paid towards foreign tour, and compensation granted as above, is also on the lower side, which needs to be increased.
3. The Forum has noted down the following facts qua grievance raised by the complainant in his complaint ;
“The facts, in brief, are that complainant and his family took an international holiday tour package with OP worth Rs.1,53,850/-. Out which the complainant retained Rs.6000/- as Visa fee and Rs.10,000/- which was supposed to be paid after completion of the trip. The package included flight ticket, Hotel bookings, local sight seeing, local transportation, breakfast and dinner. As per itinerary planned by OP the flight of the complainant was scheduled from Delhi to Bangkok on 12th Aug. 2016 at 11.30 pm. By Thai Airways. According to the complainant when he approached Thai Airways counter at the airport he shocked to know that their booking of 11.30 pm flight has been cancelled. The complainant contacted the representative of the OP who told them that they had not booked the 11.30 pm flight (12th Aug 2016) rather they had booked 3.20 a. (13th Aug 2016) flight. The complainant was given no information regarding the rescheduling of flight. It is alleged that due to this conduct of the OP the complainant and his family had to under to a lot of harassment at the airport as also they lost 1st day of exploring Krabi place as they lost time in travelling. It is further alleged that as per itinerary and hotel voucher they complainant and his family were to stay in Dusit Thani resort but when they landed Krabi their hotel of stay was Ibis hotel instead of Dusit Thani, which was below standard. On the 2nd day the complainant was to be given full day tour of James Bond Island but then they met the local agent of the OP they took the complainant and his family to 4 Island tour only. It is alleged that due to the mismanagement of the OP the whole tour of the complainant, his family spoiled, they had to undergo a lot of mental agony and harassment, and they were not provided the services as promised by the OP. It is further alleged that the agent of the OP threatened the complainant and his family demanding payment from them, which was to be paid to them by the OP to whom the complainant had made the payment. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.
4. It is proved on record that when notice of said complaint was sent to the Opposite Party, none appeared and accordingly the OP/respondent was proceeded against ex parte. The complainant led evidence, and on perusal of contents of the complaint, documents on record, and arguments addressed by the Counsel for the complainant/appellant, the complaint was partly allowed, in the manner, as mentioned in first paragraph of this order.
5. Notice in this appeal was ordered to be sent to the respondent on 2.3.2017, which was sent through registered post on 3.3.2017. Hearing of appeal was adjourned to 28.3.2017. On the said date, as per report made by the office ‘report qua service’ was not received. The matter was adjourned to 7.4.2017 for awaiting service. When on that date, none appeared on behalf of the respondent/OP, it was presumed to have been served and ex-parte proceedings were ordered against it. Thereafter, arguments of counsel for the appellant were heard and the matter was reserved for orders.
6. It is proved on record that the appellant/complainant booked international holiday tour package against payment of Rs.1,53,850/-. Out of the said amount, Rs.6000/- were retained by the respondent towards Visa fee. It is also necessary to mention here that Rs.10,000/- were to be paid by the complainant on successful completion of the tour. It is also on record that tour was to start on 12.8.2016 at 11.30 P.M. through air career namely Thai Airways. The complainant reached at the airport. However, he was told that the flight stood cancelled. The complainant contacted representative of the respondent, who told that his flight was not booked for 11.30 P.M. on 12.8.2016, rather it was booked for 3.20 A.M on 13.8.2016. At no point of time, any information was given to the complainant qua non-operation of the flight. It is also proved on record that the complainant and his family members had to stay at the airport. It is their case that they had also lost one day which they were to enjoy at Krabi. It is proved on record by the appellant that when they reached at Krabi, they were not given agreed place for stay, where they were provided stay, it was below standard. It was said that service provided by the OP during tour was not up-to the mark.
7. By making reference to the above facts, Counsel for the appellant vehemently contended that let the entire amount towards tour package be ordered to be returned to the appellant. He be also paid heavy damages towards mental and physical harassment and also towards litigation expenses. It is his case that the amount awarded by the Forum is on the lower side.
8. After hearing Counsel for the appellant, we are of the opinion that the appellant is not entitled to get refund of the entire amount towards tour package. It is not in dispute that the tour started in the morning of 13.8.2016 at 3.20 A.M. and on the same day, by travelling through air, complainant reached at Krabi. Complainant and his family members were taken to various places including Krabi and Bangkok. Stay in the hotel was also provided. For some deficiency here and there, the entire amount cannot be ordered to be refunded. To that extent, prayer of the appellant stands rejected.
9. So far as contention of the appellant that amount awarded is on the lower side, it has some substance in it. Deficiency in service has been noticed in the preceding paragraphs of this order. There was delay in operating the flight. Cancellation of flight was not intimated to the appellant. The requisite hotel accommodation was not provided. Further tour was not conducted as per promise made. In view of the above, we feel that compensation awarded by the Forum towards mental and physical harassment is on the lower side. Accordingly it is enhanced from Rs.10,000/- to Rs.25,000/. The amount awarded towards litigation expenses is also increased from Rs.5000/- to Rs.10,000/-. The amount awarded shall be paid within 30 days from the receipt of certified copy of the order, failing which, it will entail interest @ 12% p.a. till the time of making payment.
With above modification in the order of the Forum, the appeal stands disposed of.
10. Certified copies of this order, be sent to the parties, free of charge.
11. The file be consigned to Record Room, after completion.
Pronounced.
12.04.2017
