DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.254 of 24-09-2018

Decided on 29-08-2019

Amit Dhingra aged about 33 years S/o Jaspal R/o House No.22093, Power House Road, Bathinda.

........Complainant

Versus

Journeys Resorts Private Limited, Customer Relation Department (CRD), 1, Industrial Development Corporation, Mehrauli Road, Gurgaon-122001, through its Authorized Person/Competent Person.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.M.P Singh Pahwa, President.

Smt.Manisha, Member.

Present:-

For the complainant: Sh.G.S Mann, Advocate.

Opposite party: Ex-parte.

ORDER

M.P Singh Pahwa, President

1. The complainant Amit Dhingra (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite party Journeys Resorts Private Limited (here-in-after referred to as opposite party).

2. Briefly stated, the case of the complainant is that vide contract ID No.37529, he got contract for tour and travelling programme for Rs.36,000/- on 7.11.2016. According to the terms of the contract, there was option with him to get this tour programme cancelled. For this purpose, some minor/meager amount was to be deducted by opposite party.

3. It is alleged that due to some unavoidable reasons and circumstances, the complainant was unable to continue with this tour package. As such, vide e-mail dated 14.11.2016, he requested opposite party to cancel the tour package and refund the remaining amount as per conditions of the contract. Opposite party has duly received e-mail and replied the same, but till date, it has not taken any step for refund of amount. The complainant has claimed refund of Rs.36,000/- with interest and Rs.50,000/- as damages for harassment and cost of litigation. Hence, this complaint.

4. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it vide order dated 5.11.2018.

5. Complainant was asked to produce evidence.

6. In support of his claim, the complainant has tendered into evidence photocopies of e-mails, (Ex.C1 to Ex.C8); photocopy of legal notice, (Ex.C9); postal receipt, (Ex.C10) and his affidavit dated 24.9.2018, (Ex.C11).

7. We have heard learned counsel for complainant and gone through the file carefully.

8. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above.

9. We have given careful consideration to these submissions.

10. The complainant has pleaded that he entered into contract with opposite party for tour and travelling programme on payment of Rs.36,000/-. Although, there is no document to prove contract, Ex.C1 to Ex.C5, are e-mails whereby complainant used to demand refund of amount, but without any response from opposite party. Ex.C6, is e-mail received by the complainant from opposite party wherein opposite party has revealed that the stipulated time frame for any refund is 90 working days and only 2 months are completed yet. Opposite party will update the complainant accordingly. This e-mail is dated 15.1.2017. There is another e-mail dated 22.12.2016, (Ex.C7) wherein it is intimated to the complainant by opposite party that stipulated time frame for any refund is 90 working days. Vide e-mail, (Ex.C8), opposite party has rather extended heartfelt apologies for inconvenience faced by the complainant and assured to redress his grievances. These documents sufficiently prove that the complainant entered into an agreement and claimed refund. Opposite party agreed to redress the grievances of the complainant.

11. As per complainant, opposite party has not refunded amount. His this evidence is unrebutted and unchallenged. There is no reason to disbelieve this evidence. Therefore, it is to be held that opposite party has failed to make refund. It amounts to deficiency in services and unfair trade practice on the part of opposite party.

12. For the reasons recorded above, the complaint is partly accepted with Rs.5000/- as cost and compensation against opposite party. Opposite party is directed to refund an amount of Rs.36,000/- to the complainant, failing which, thereafter an amount of Rs.36,000/- will carry interest @ 9% per annum till realization.

13. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced:-

    29-08-2019

    (M.P Singh Pahwa)

    President

     

     

    (Manisha)

    Member