| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. CC 420 of 11.10.2019 Decided on: 4.9.2020 Mangat Ram Arora, aged 62 years, retired from Punjab Irrigation Department, S/p Prem Singh & Brij Bala w/o Mangat Ram Arora, Residents of 70-A, Joginder Nagar, Khalsa College Road, Patiala, Aadhar No.3743 6278 4097. …………...Complainant Versus - Janak Raj, Organiser, Akhil Bhartia Guru Shishya Family (Balaji Trust) R/o 5891, Urban Estate, Phase-2, Patiala, Punjab, Mobile No.98140-81250, 98142-21250 email:balaji.real Achin Travel Agent, Sheran Wala Gate, Patiala, Mob:98159-94373.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY For the complainant: Sh.P.C.Sardana,Advocate For OPs: Ex-parte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Mangat Ram Arora (hereinafter referred to as the complainant) against Janak Raj and another (hereinafter referred to as the OP/s).
- Briefly the case of the complainant is that the OPs in connivance with each other are running the business under the garb of religious in many fields like as Putra Prapti, Dhan Prapti, Education Prapti, Age, Arogyata, Lokik sukh (worldly amusement), Moksha and Heaven for the ancestors (forefather) so that their soul must rest in heaven for maintaining peace for forefather as well as in their family.
- It is submitted that after seeing the advertisement flex pasted at various places the complainant and his wife ready to visit Gaya for the welfare of their ancestral/forefather (Pitras) as well as their family. The complainants approached OPs and deposited Rs.5000/-as booking charges for three days at Gaya, vide receipt No.287 dated 3.8.2019. The complainants also deposited Rs.5000/- with the OPs for booking of Railway tickets from Ambala Cantt to Gaya and back in Jalianwala Express on 1.8.2019. After receiving the amount the OP No.1 handed over the tickets to the complainant.
- It is further submitted that after that one room in hotel Bodh Vilas was booked for residing at Gaya for two guests and the complainants paid Rs.1500/- as hotel booking charges, to the OPs.
- It is further submitted that on 20.9.2019, when complainant and his wife boarded the train Jalianwala Express from Ambala Cantt to Gaya , on enroute ticket collector told the complainant that ticket of Brij Bala stand cancelled and he will be penalized as per railways rules being without ticket. On this the complainant shocked and called upon OP No.1 who was at Gaya at that time. He replied that he has not cancelled the ticket. At this the complainant e-mailed to OP No.2 to cancel the ticket from Gaya to Ambala Cantt as they felt embarrassed and depressed badly. Under the compelled circumstances, the wife of the complainant asked for terminated the trip at Saharanpur and on the same night they came back to Patiala.
On 21.9.2019, the complainant visited the office of the OPs and made request for the refund of the amount but the OPs failed to refund any penny to the complainant. The act and conduct of the OPs showed unfair trade practice on their part and also amounts to deficiency in service, which caused mental , physical and financial harassment to the complainant. Hence this complaint with the prayer for giving direction to the OPs to refund the amount of Rs.11,900/- with penal interest; to pay Rs.50,000/- as compensation for causing harassment, mental torture and agony and also to pay Rs.10,000/- as litigation expenses. - Notice of the complaint was duly served upon the OPs.But none appeared on their behalf. Accordingly, OP No.1 was proceeded against exparte on 27.11.2019 and OP No.2 was proceeded against ex-parte on 26.12.2019.
- In ex-parte evidence the complainant tendered in evidence his affidavit,Ex.CA wherein he has deposed in support of his complaint as he has is avered in the complaint. He has also tendered documents Exs.C1 to C16.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- From the perusal of copy of advertisement,Ex.C2, it is evident that OP No.1 in connivance with OP No.2,is running the business under the garb of religious in many fields like as Putra Prapti, Dhan Prapti, Education Prapti, Age, Arogyata, Lokik sukh (worldly amusement), Moksha and Heaven for the ancestors (forefather).From the copy of receipt,Ex.C3, it is evident that the complainant has deposited Rs.5000/-. Vide Exs.C4 to C7, he has also paid Rs.5000/- as booking charges of railway from Ambala Cantt to Gaya and back. From the message Ex.C12, it is evidence that the complainant has deposited Rs.1500/-for the booking in the hotel Bodh Vilas.
- From the document/message,Ex.C13, it is clear that the complainant has terminated/cancelled the trip midway at Saharanpur. Here it may be stated that the OPs have preferred not to appear and to contest the complaint despite service of notice.
- From the perusal of documents placed on record by the complainant, it is cleared that the OPs have committed unfair trade practice and are deficient in their service, which caused mental agony and harassment to the complainant. Accordingly the complainant is held entitled to Rs.11,500/- (Rs.5000/- as booking charges, Rs.5000/- for railway booking and Rs.1500/- paid as hotel room charges) alongwith Rs.10,000/- as costs of the complaint for causing mental agony and harassment to him. We order accordingly. Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:4.9.2020 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
