Delhi

StateCommission

FA/113/2014

D.N. MAITRA & ORS. - Complainant(s)

Versus

K.S. HOLIDAYS (P). LTD. & ANR. - Opp.Party(s)

04 Jul 2014

ORDER

IN THE STATE COMMISSION DELHI
Constituted under Section 9 of the Consumer Protection Act, 1986
 
First Appeal No. FA/113/2014
(Arisen out of Order Dated in Case No. C/359/2013 of District North West)
 
1. D.N. MAITRA & ORS.
R/0 A-75,TRIKUTA HILL APARTMENTS,C-58/27 SECTOR -62 NOIDA
...........Appellant(s)
Versus
1. K.S. HOLIDAYS (P). LTD. & ANR.
WZ -2879,1ST FLOOR ,SANT NAGAR MAIN ROAD RANI BAGH DELHI
...........Respondent(s)
 
BEFORE: 
 HONABLE MRS. Salma Noor PRESIDING MEMBER
 HON'ABLE MR. JUSTICE N.P KAUSHIK MEMBER
 
For the Appellant:
For the Respondent:
ORDER

 

                                                 Date of Decision:  4.7.2014

 

First Appeal – 113/2014

 

(Arising out of the order dated passed by the District Forum(North West), Shalimar Bagh, New Delhi in complaint case No. 359/2013)

 

1,

 

 

 

 

2.

3.

4.

5.

6.

7.

8.

9.

Mr. D.N. Maitra

S/o Late Sh. Dhirendra Nath Maitra,

R/o A-75, Trikuta Hill Apartments,

C-58/27, Sector-62, NOIDA

 

Mr. A. Maitra

Mr. Aniruddha Sanyal

Mrs. Simki Sanyal

Mr. Asis San yal

Ms. Shibani  Sanyal

Sharmila Sanyal

Alarka Sanyal

Arpita Bisi

 

 

 

     .........Appellant

VS

 

1.

 

 

 

 

 

2.

 

 

 

 

 

 

K.S Holidays Pvt. Ltd.

WZ-2879, 1st Floor, Sant Nagar,

Main Road, Rani Bagh,

Near Pitampura M2K Cinema,

Delhi

 

The Managing director

K.S Holidays Pvt. Ltd.

WZ-2879, 1st Floor, Sant Nagar,

Main Road, Rani Bagh,

Near Pitampura M2K Cinema,

Delhi

 

 

 

 

 

 

 

 

 

 

 

 

  ........Respondents

CORAM

Salma Noor, Member

N P Kaushik, Member (Judicial)

 

1.   Whether reporters of local newspaper be allowed to see the

judgment? 

2.   To be referred to the reporter or not?

 

 N P KAUSHIK, MEMBER (JUDICIAL)

 

Present:  Shri  Chetan Roy, Counsel for the appellant

  1.      In brief the complainant had booked a tour package to Kashmir  with the OP M/s  K.S.Holidays Pvt. Ltd. at a cost of Rs.1,10,000/-.  Grievance of the appellant was that the hotel accommodation provided to him was not a three star deluxe.  Bookings were changed without  prior intimation.  The vehicle provided at Jammu Railway Station was a 12 seater as against the 13 seater ]as agreed.  The appellants were detained at the hotel Rotana in Srinagar as no payment from the OP i.e. M/s  K.S.Holidays Pvt. Ltd. had reached the hotel in Gulmarg.  Renovation work was going on in the hotel.

 

  1.     For the abovesaid inconveniences caused to the Appellant, the Ld. District Forum awarded the appellant a sum of Rs.1,00,000/- alongwith interest @ 10% p.a. from the date of institution of the complaint.  Costs of litigation of Rs.5,000/- were also awarded.  In its present appeal the appellant has prayed for enhancement of the amount of compensation alleging that the one awarded by the District Forum was inadequate.

 

 

  1.     We have heard Shri  Chetan Roy, Counsel for the appellant at length and gone through the case law cited by him.  The total cost of the tour package was Rs.1,10,000/-.  The compensation of Rs.1,00,000/- along with interest @ 10% in our view is not inadequate.

 

  1.       The appeal is hence dismissed in limini.

 

  1.     Copy of this order be provided to the parties free of costs and a copy of this order be also sent to concerned District Forum and thereafter file be consigned to record room.  

 

 

 

          

 
 
[HONABLE MRS. Salma Noor]
PRESIDING MEMBER
 
[HON'ABLE MR. JUSTICE N.P KAUSHIK]
MEMBER

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