Haryana

Karnal

CC/23/2021

Firoz Ali - Complainant(s)

Versus

Leisure Luv Holidays Private Limited - Opp.Party(s)

Vikram Singh

11 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 23 of 2021

                                                        Date of instt. 13.01.2021

                                                        Date of Decision:11.07.2023

 

1. Firoz Ali son of Shri Madan Lal, resident of house no.52, ward no.15, Pehalwan Colony, Taraori, Tehsil Nilokher, District Karnal-132166.

 

2. Gaurav Popli son of Shri Ganesh Popli, resident of ward no.4, Taraori, Tehsil Nilokheri, District Karnal-132116.

 

3. Pankaj Goyal son of Shri Mahesh Goyal, resident of ward no.4, Mishran Mohalla, Taraori, Tehsil Nilokheri, District Karnal-132116.
4. Rajiv Garg, resident of Sector-3, Karnal.

 

                                               …….Complainants.

                                              Versus

 

        Leisure Luv Holiday Pvt. Ltd., 28/1, 2^nd floor Razvi Tower, Vasant Nagar, Banglore. Email.lesiurelure&gmail.com through its authorized representative Sh. Mohd. Abuabakar, mobile no.98457-05371, now resident of house no.39/3, cooks Road, B-2^nd , Thimmaiah Road cross, Bharti Nagar,Banglore-560051 through its authorized representative Mohd. Abuakbar.

               

   …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

          

 Argued by: Shri Vikram Singh, counsel for the complainants.

                    Opposite party exparte.

 

                    (Dr. rekha Chaduhary, member)

 

ORDER:                  

                  The complainants have filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant planned a tour Delhi to Bangkok from 10.07.2019 to 19.07.2019 and for the same complainants approached the OPs. OPs provide best deal for the tour to the complainants and demanded Rs.1,21,166/- in which all the expenses like hotel, escorts service, travelling, foods, etc. were covered. Complainants deposited the said amount to the OPs through bank account no.918010047457286 at Axis Bank Karnal and an amount of Rs.58,144/- through credit card in the form of online ticket payment. Complainants got confirmed tickets for the flight RFE-3ME which was to depart at 2.25 hours on 10^th July, 2019 from Terminal-3, Indira Gandhi Inter-National Airport (IGIA), New Delhi. When complainants reached at Airport of Pataya, Thiland, there is no facility availed by the OP regarding the pickup or drop facility and then complainants left with no alternate but to book a taxi and reached at Hotel Momento Resort where the OP has assured that there would be booking of the complainants in the said hotel and when complainants have asked the Manager of Hotel regarding the book, then after verification the Hotel Manager told the complainants that the OP has not done any booking in the said hotel  and also has not paid any booking amount for the same. Complainants were astonished to know about the same and contacted the OP on telephone then OP requested the complainants to reached another i.e. Mr. MAC Hotel, Patya South-20150, Thiland where the OP has assured that there would be booking of the complainants. When complainants asked the Manager of the said hotel regarding the booking, then after verification the Manager of the hotel told that  OP has not done any booking in the said hotel. Then complainant again contacted the OP but OP lingered the matter on one pretext or the other and lastly asked to the complainants to pay all the amount regarding booking of hotel, travelling food and other booking and apologies for the poor management and also assured the complainants as and when they would back to India then the OP would pay whole of the amount of the package with interest and compensation to the complainants.

2.             It is further averred that then complainants booked Mr. MAC hotel w.e.f.10.07.2019 to 19.07.2019 and paid a sum Bahtt 18462/- equalvent to Indian Rs.46000/- approximately and Rs.23,000/- food approximately i.e. 9000 Bhatt, Rs.6000/- tour package i.e. 2400 Bahtt and Rs.8000/- other expenses. Thus, complainants paid an total amount of Rs.98000/- approximately except ticket. Thereafter, when complainants came back to India and approached the OP and requested to refund the said amount. Initially, OP had accepted the mistake and given assurance that the said amount would be given to the complainants but after that OP lingered the matter on one pretext or the other and did not pay the single penny. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Complainants filed the present complaint seeking direction to OP to refund the amount of Rs.98,000/-, to pay Rs.50,000/- on account of harassment, mental pain and agony and Rs.22000/- for the litigation expenses.

3.             On notice, OP did not appear despite service and opted to be proceeded against exparte, vide order dated 26.07.2022 of the Commission.

4.             Learned counsel for the complainants has tendered into evidence affidavit of Firoz Ali Ex.CW/A, affidavit of Gaurav Popli Ex.CW2/A, copy of bank statement of Firoz Ali Ex.C1, copies of bills of hotel Ex.C2 and Ex.C3, copy of ticket Ex.C4, copy of email dated 23.12.2020 Ex.C5, copy of passport of Firoz Ali Ex.C6, copy of passport of Gaurav Popli Ex.C7, copy of whatsapp chat Ex.C8 and closed the evidence on 17.01.2023 by suffering separate statement.

5.             We have heard the learned counsel for the complainant and have gone through the record available on the file.

6.             As per version of the complainants is that they booked a tour package from Delhi to Bangkok from 10.07.2019 to 19.07.2019 through OPs by paying a sum of Rs.1,21,166/- in which all the expenses like hotel, escorts service, travelling, foods, etc. were included. When complainants reached at Airport of Pataya, Thiland, there was no facility availed by the OP regarding the pickup or drop, hotel facilities etc. In compelling circumstances, complainant spent an amount of Rs.98,000/- for hotel charges, food,  tour package and other expenses. After coming back to India, complainants approached the OP and requested to refund the said amount but OP did not pay any heed to the request of complainant. The onus to prove their version was relied upon the complainants. To prove their version, complainants have placed on file affidavit of Firoz Ali Ex.CW/A, affidavit of Gaurav Popli Ex.CW2/A, copy of bank statement of Firoz Ali Ex.C1, copies of bills of hotel Ex.C2 and Ex.C3, copy of ticket Ex.C4, copy of email dated 23.12.2020 Ex.C5, copy of passport of Firoz Ali Ex.C6, copy of passport of Gaurav Popli Ex.C7, copy of whatsapp chat Ex.C8.  It is evident from the email Ex.C5 wherein it is mentioned, which is reproduced as under:-

Trip Details:

Total Guest: 4 Adults

Flights: Nokskoot Airlines

Flight Reference Number: RFE3ME

Trip Commence Date:10 July

Hotel Details: Momento Resort South Pattya (Thailand)

Totel Number of Days: 9 nights/10 days.

Trip Inclusions:

All Airport Transfers (Return)

Coral Island with Lunch and Transfers on 14^th July .

Return Airfares (two way)

3 Rooms for total 9 night/10 days @ Momento resort.

 In the said email, it is clear that OP had booked the Hotel Momento Resort but when complainants reached the said hotel there was no booking in the name of complainants. Furthermore, OP had not paid any booking amount also.

7.             To rebut the evidence produced by the complainants, OP did not appear and opted to be proceeded against exparte, thus the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, in view of the above, the act of the OP amounts to deficiency in service and unfair trade practice.

8.             Since, it is proved on record that the OP has not provided the facilities to the complainant on receipt of agreed amount, thus, the complainants are entitled for  amount of Rs.98,000/- along with interest, compensation for mental pain and agony and litigation expenses.

9.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to pay Rs.98,000/- to the complainants with interest @ 9% per annum from the date of deposition till its realization. We further direct the OP to pay Rs.10,000/- to the complainants on account of mental agony and harassment suffered by them and Rs.5500/- for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:11.07.2023

                                                                       

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                      Member                        Member