Chandigarh

StateCommission

A/175/2024

AKSHAT BINDAL - Complainant(s)

Versus

LUXURY TRAVEL MART, BAY SHOP 397, SECTOR- 32 D, CHANDIGARH THROUGH ITS OWNER/ MANAGING DIRECTOR/ AUT - Opp.Party(s)

SITANSHU SHARMA

23 Oct 2024

ORDER

          STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

          U.T., CHANDIGARH (Additional Bench)

 

Appeal No.	:	175 of 2024
Date of Institution	:	26.04.2024
Date of Decision	:	23.10.2024

 

1. Akshat Bindal S/o Sh. Harmesh Chand Bindal
2. Smt. Pratiksha Singhal W/o Sh. Akshat Bindal and D/o Late
   Sh. N.K.Singhal

Both R/o H.No, 609-A, Punjab Engineering College, Sector-12 Chandigarh.

                                                                                                 ... Appellants

                                                       Versus

   Luxury Travel Mart, Bay Shop 397, Sector-32 D, Chandigarh through its

            Owner/Managing Director/Authorised Signatory Sh. Ranjan Kochar.

                                                                                                                  .... Respondent

 

          BEFORE:        MRS. PADMA PANDEY, PRESIDING MEMBER

                                 MR.PREETINDER SINGH, MEMBER

 

          Argued by:      Ms. Sitanshu Sharma, Advocate for the appellants.

     Respondent ex-parte vide order dated 25.07.2024

 PER PADMA PANDEY, PRESIDING MEMBER

                       This appeal is directed against the order dated 14.02.2024, rendered by the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (hereinafter to be referred as “the Ld. District Commission”), vide which, it partly allowed the Consumer Complaint bearing no. 305 of 2022 in the following terms;

7. “In view of the above discussion the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed to pay a lump sum compensation of Rs.15,000/- to the complainant towards mental agony and physical harassment as well as litigation expenses.

                    8.  This order be complied with by the OP within 90 days from the date of receipt of its certified copy.”

2.              For the convenience, the parties are being referred to, in the instant Appeal, as position held in Consumer Complaint before the Ld. District Commission.
3.              Before the Ld. District Commission, it was the case of the Complainants that being allured by the promises made by the OP, they booked honeymoon trip package known as Adaaran Prestige Vadoo Maldives Five Star Resort for Rs.2.85 lakhs for 5 days and 4 nights from 05.12.2021 to 09.12.2021 inclusive of resort booking, air travel (non-Stop) from New Delhi to Maldives and return, all meals, honeymoon offer of fruit basket, bed decoration and candle light dinner, birthday celebration cakes, besides covid-19 RT PCR Test and covid-19 insurance. The Complainant no.1 had paid Rs.2,85,000/- to the OP through online bank transaction. However, the OP did not share the complete itinerary by any means. Moreover, the OPs unilaterally altered the terms of the contract and booked indirect flights to Maldives from Delhi via Bengaluru and intentionally shared the PNR of the ticket just a day before the boarding of the flight, which took 7 hours 15 minutes to complete the journey whereas the direct flight took 3 hours 30 minutes. It was averred, the OP played fraud with them by stating that no direct flights from Delhi to Maldives was taking off on the scheduled dated i.e. 05.12.2021, in order to save the fare. Left with no other alternative, the complainants availed the package and undertook the journey on 05.12.2021. Due to non-cooperative behaviour of the OP, they wasted valuable time in enquiring about the authenticity of the flight schedule and safe stay on the foreign island. The OP confirmed the final itinerary and tickets only a few hours prior to the departure and thus, they suffered mental agony, harassment and physical discomfort. After many follow ups, the information regarding the return ticket was shared by the OP on the night of 03.12.2021 at 07:14 p.m. and the PNR number was HIJKVN which does not exist on the official website of the Indigo and as such the same was nothing but a sham. After multiple follow ups and going through a lot of stress, the OP finally shared valid return tickets in the evening on 04.12.2021 i.e. just a few hours before boarding the scheduled flight for 05.12.2021 early morning from New Delhi. It has been averred that even the return flight scheduled for 09.12.2021 booked by the OP with PNR RIMWJV was cancelled. On enquiry, the complainant noticed that the same was cancelled due to non-payment of the ticket fare by the OP. Besides, they have to pay Rs. 11,250/- for RT PCR Test upon arrival in the Maldives which was included in the package. After multiple follow ups, the OP agreed to transfer Rs. 10,000/- only and assured him that the balance amount of Rs.1500/- would be transferred shortly but the same has not been transferred. Moreover, no arrangements were made by the resort staff for the birthdays of the complainants, falling on 5^th and 7^th December, 2021. As per the complainants, the OP had violated the terms and conditions of the honeymoon trip package due to which legal notice dated 14.01.2022 was served upon the OP but to no effect. Hence, the aforesaid consumer complaint was filed before the learned District Commission alleging deficiency in service & unfair trade practice on the part of opposite party.
4.             The OP did not appear to contest the case and preferred to proceed against ex-parte before the learned District Commission.
5.             On appraisal of the pleadings of the parties and the evidence adduced on the record, Ld. District Commission allowed the Consumer Complaint of the complainant as noticed in the opening para of this order.
6.             Aggrieved against the aforesaid order passed by the Ld. District Commission, the instant Appeal has been filed by the Appellants.
7.            We have heard the Learned Counsel for the parties and have gone through the evidence and record of the case with utmost care.
8.             Pertinently, during the present proceedings also, despite due service, the OP failed to appear, therefore it was proceeded against ex-parte vide order dated 25.07.2024.
9.           The core question that falls for consideration before us is as to whether the Ld. District Commission has rightly passed the impugned order by appreciating the entire material placed before it.
10.           After giving our thoughtful consideration, to the contentions raised and material on record, we are of the considered opinion, that the instant Appeal is liable to be dismissed for the reasons to be recorded hereinafter.
11.           This is observed from the records that the main prayer in the complaint was to direct the OP/respondent to refund the entire cost of the trip i.e. Rs.2,85,000/- and the balance amount of RT PCR test Rs.1500/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses. The learned District Commission has partly allowed the complaint by ordering the OP/respondent to make a payment of lumpsum compensation of Rs.15000/- to the complainant/appellant. The record shows that the deficiency has been clearly established against the appellant/OP since the complainant were aggrieved due to its various deficient acts during the entire course of the trip and therefore awarded the compensation of Rs.15000/- by partly allowing the complaint. Since the appeal is for enhancement, this Commission is of the view that the award given by the Learned District Commission is adequate enough to cover the deficiency and it is worth mentioning that Consumer forums do not exist for enrichment of the consumers but only to take care of the deficiency and the unfair trade practices of the Opposite Parties. Therefore, in our mind the compensation is adequate and it does not require our interference in the order of the Learned District Commission. Accordingly, the appeal stands dismissed.
12.             Keeping in view of the above discussion, we are of the considered view that the impugned order passed by the Ld. District Commission, allowing lump sum compensation is based on the correct appreciation of evidence and law on the point, does not suffer from any illegality, and do not need interference of this Commission. Resultantly, the appeal being bereft of merit is accordingly dismissed and the order of the Ld. District Commission is upheld.
13.             All pending application(s), if any, stand disposed of, accordingly.
14.            Certified copies of this order be sent to the parties free of charge, forthwith.
15.            The file be consigned to Record Room, after completion and the District Commission be sent back immediately.

Pronounced

23^th Oct. 2024

 

                                                                                                                                      Sd/-  

[PADMA PANDEY]

PRESIDING MEMBER

Sd/- [PREETINDER SINGH]

MEMBER

‘Tanvi’