Delhi

New Delhi

CC/263/2016

Rajesh Gupta - Complainant(s)

Versus

Kumaon Mandal Vikas Nigam Limited. - Opp.Party(s)

27 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 263/2016                                                                Dated:

In the matter of:

  Sh. Rajesh Kumar Gupta

  S/o Chandra Baboo Gupta

 C-27, Tirupati Nagar, Jagatpura,

 Jaipur-302017.                                                                                                                    ……..COMPLAINANT

 

VERSUS

1.   Kumaon Mandal Vikas Nigam Limited

103, 1^st floor, Indra Prakash,

21, Barakhamba Road,

New Delhi-110001

 

2.  Deputy Secretary (East Asia)

Room no. 270-A,

Ministry of External Affairs,

South Block,

New Delhi-110001

                                                                                                                                             …........OPPOSITE PARTIES

 

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

The complainant as stated in the complaint that he paid Rs. 32,000/- on 16/06/2014 to OP-1 and Rs. 3,100/- for medical Rs. 24,000/- for Visa fees Rs. 400/- and 350/- for registration charges of pony and porter and receipt thereof have been filed. The complainant did not receive pony and porter at Nayayan Ashram to Sirka, OP-1 Guest House with his luggage. On next day at the time of departure he was not provided pony and porter and LO of MEA sent him back from Sirka. As the OP-1 did not provide the services of Pony and porter to them and LO stating in media as family reason. The complainant file his complaint at Dharchula of OP-1 office with copy to Nanital head office.

Legal notice was also sent to both the both the OPs for amount of Rs. 1,00,000/- on 20/09/2014 and again on 08/12/2014, prayer to make the payment of Rs. 1,00,000/- apart from legal expenses has been made.

It is also alleged that the complainant was cheated with breach of trust by OP-1 and OP-2 and hard earned money accumulate by presenting false promises causing mental tension and agony.

After notice OP-1 filed written statement denying all the allegations. It is stated that all the services were provided to the complainant at relevant time and place not once but 3 time but the complainant himself rejected the pony or by his behavior and action created such scene that ponywala forced to leave the complainant  and in support OP-1 has also filed the copy of e-mail of one co-passenger Sh. Sanjay Kumar Tyagi. It is also stated that the pony porter service is a private service arranged by the contractor and contractor directly received the payments  and issue receipts on the receipt on the date fixed  by the District Administration of the area, the OP has also filed the comments annexed with the written statement at page 11. In the said comments there is also a mention that the pilgrimage of the year 2013 were compensate as there was natural calamity due to land slid.

The defense of OP-2 struck off on 17/10/2016 despite granting opportunity.

Both the parties filed their respective evidence by way of affidavit and Oral arguments were also addressed.

We have considered the material placed before us and rival submission of the parties.

Perusal of the receipts of payment made by the complainant for pony and porter etc. it is clear that the amount was paid to the contractor and not either of the OPs.

The main grievance of the complainant is regarding the non provision of the pony and porter and relevant time and relevant places.

The payment of Rs. 32,000/- by the complainant is not denied by the OP-1 in view of the facts that the payment of amount for pony porter was made to the private contractor and there is no liability of the oP-1 or OP-2 can be there. So far the payment for visa charges is considered the same all in our considered view non refundable.

In view of the above we does not filed any merit in the complaint and therefore accordingly, dismissed.

A copy each of this order each be sent to both parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 27/01/2020.     

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                                 (NIPUR CHANDNA)                                                                           (H M VYAS)

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