Haryana

Yamunanagar

CC/138/2013

Shiv Kumar Bhagat S/o Ram Brichh - Complainant(s)

Versus

KUldeep ,Incharge M/s Travel House - Opp.Party(s)

Mukesh Sehagl

13 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

Complaint No. 138 of 2013.

Date of institution: 08.01.2013

Date of decision: 13.02.2017.

 

Shiv Kumar Bhagat aged about 50 years son of Sh. Ram Brichh R/o H. no. 70, Vishal Nagar, Yamuna Nagar, Tehsil Jagadhri, Distt. Yamuna Nagar posted as Manager in Punjab National Bank.

              …Complainant.

                                              Versus

1. Sh. Kuldeep Incharge M/s Delhi Travel House, Shahnajaf Road, Premier Building, 3^rd Floor, Hajrat Ganj, Lucknow (U.P).
2. Ms. Charu Gulati, marketing Officer, M/s Delhi Travel House, Shahnajaf Road, Premier Building, 3^rd Floor, Hajrat Ganj Lucknow (U.P.).
3. M/s Delhi Travel House, Shahnajaf Road, Premier Building, 3^rd Floor, Hajrat Ganj, Lucknow (U.P).

                                                                                                                       …Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                          SH. S.C.SHARMA………………………….MEMBER.

 

Present:           Sh. Mukesh Sehgal, Advocate for complainant.

                         Respondents already ex-parte vide order dated 01.07.2013.

 

ORDER         (ASHOK KUMAR GARG PRESIDENT)

 

1                       The present complaint has been filed under section 12 of the Consumer Protection Act. 1986.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant contacted the respondents (hereinafter respondents will be referred as OPs) to arrange the Air Ticket for the complainant and his family members within a short spell as the complainant wanted to avail the benefits of the LFC/LTC being employee of the Punjab National Bank. Upon which, OPs assured to the complainant that they will have the package of lowest amount as compared to the other travel houses and sent an estimate to the complainant and his family members to the tune of Rs. 3,72,087/- besides this the OPs demanded an initial payment of Rs. 10,000/- from him which was transferred from his account No. 1945009410033878 to the account No. 0294002110006782 of the OPs through debit/credit voucher on dated 05.11.2012 while sitting in Punjab National Bank Retail Hub, Model Town, Yamuna Nagar Branch. However, complainant contacted the OPs many times to arrange the Air Ticket for the complainant and for his family members but every time the OPs kept on promising that they will arrange the Air Ticket very soon. Finding no alternative on 09.11.2012 the complainant sent an e.mail message to the Op No.2 for cancellation of contract and for refund of the amount paid by the complainant. However, the OPs have not refunded the said sum of Rs. 10,000/- to the complainant till today. Hence, this complaint being there is a deficiency in service and unfair trade practice on the part of OPs.

3.                     Notice was sent to the OPs through registered post but they failed to appear, hence, they were proceeded ex-parte vide order dated 01.07.2013.

4.                     In support of case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as E.mail regarding estimate of tickets as Annexure C-1, E.mail regarding package & estimate as Annexure C-2,  Photo copy of status of account ledger inquiry bearing account No. 1945009410033878 as Annexure C-3, Photo copy of Real time Gross Settlement system in which shown the beneficiary customer details as Annexure C-4, Photo copy of cheque of Rs. 10,000/- as Annexure C-4, Photo copy of Account ledger inquiry of Account No. 0294002110006782 as Annexure C-6 and in additional evidence the counsel for the complainant tendered Customer Accounts Inquiry as Annexure C-7 and closed the evidence on behalf of complainant.

5.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file carefully and minutely.

6.                     From the perusal of the contents of the complaint, it is clearly evident that the OPs have neither any branch office nor any cause of action has arisen within the territorial jurisdiction of this Forum as all the OPs are carrying their business as mentioned in the head note of complaint i.e. Lucknow and further contract as alleged by the complainant in the complaint was also completed at the instance OPs at Lucknow. Even on the merit also, as per version of the complainant himself mentioned in para No.5 of the complaint, he himself cancelled the contract by sending e.mail message on 09.11.2012. The complainant has also not disclosed in the complaint that in now many days the OPs were bound to arrange the Air Ticket for the complainant and his family members as no such copy of contract has been placed on file. Further, the complainant has also failed to prove that the OPs were bound to refund the token money of Rs. 10,000/- if they failed to provide the Air Tickets etc. etc. within that period.

7.                     Resultantly, we are of the considered view that the complainant has totally failed to prove any deficiency in service or unfair trade practice on the part of the OPs and even the complaint of the complainant is without any jurisdiction. Hence, the present complaint is hereby dismissed with liberty to approach the appropriate court, if so advised. Exemption of time spent before this Forum is granted in terms of judgment of the Hon’ble Supreme Court of India in case titled as Luxmi Engineering Works vs. P.S.G. Industrial Institute (1995)III SCC page 583.The Assistant is directed to return the original documents, if any, to the complainant after retaining the photo copies of the same on the file. Copy of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.   

Pronounced in open court:

Dated: 13.02.2017.                                                               (ASHOK KUMAR GARG)

                                                                                          PRESIDENT

                                                                                          DCDRF Yamuna Nagar

 

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER