Chandigarh

DF-II

CC/305/2022

Akshat Bindal - Complainant(s)

Versus

Luxury Travel Mart - Opp.Party(s)

Sitanshu Sharma, Jai Bhagwan Sharma, Adv

14 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	305/2022
Date of Institution	:	29.03.2022
Date of Decision	:	14.02.2024

 

                     

            

 

1.  Akshat Bindal s/o Sh.Harmesh Chand Bindal

2.  Smt.Pratiksha Singhal wife of Sh.Akshat Bindal d/o Sh.N.K.Singhal

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

                 ...  Complainants

Versus

Luxury Travel Mart, Bay Shop 397, Sector 32-D, Chandigarh through its Owner/Managing Director/Authorized Signatory Sh.Ranjan Kochar.

…. Opposite Party

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Sitanshu Sharma, Adv. for complainant OP exparte.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainants have filed the present complaint pleading therein that being allured 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 t 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. A copy of the agreement is Annexure C-2. The complainant No.1 paid Rs.2,85,000/- to the OP through online bank transaction as mentioned in para 5 of the complaint (Annexure C-3).  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(Annexure C-4) 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, as is clear from Annexure C-5.  It has been averred the OP played fraud with them by stating that no direct flights from Delhi to Maldives was taking off on the scheduled date 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 behavior of the OPs, they wasted valuable time in enquiring about the authenticity of the flight schedule and safe stay on a 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 HTJKVN(Annexure C-7), bearing date 05.11.2021 (back date), which does not exist on the official website of the Indigo and as such the same was nothing but a sham. After multiple follows 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 further been stated that even the return flight scheduled for 09.12.2021 booked by the OP with PNR RIMWJV (Annexure C-8) was cancelled. On enquiry, it came to the notice of the complainants that the same was cancelled due to non-payment of the ticket fare by the OP. Lastly, the OP shared other return tickets on 09.12.2021 (Annexure C-9). Besides, the complainants 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 the complainants that the balance amount of Rs.1500/- will be transferred shortly but the same has not been transferred so far.  According to the complainants, it was not their duty to do clerical work of currency conversion on the honeymoon trip and waste their precious time instead of enjoying. Moreover, no arrangements were made by the resort staff for the birthdays of the complainants, falling on 5th and 7th December, 2021. As per the complainants, the OP has violated the terms and conditions of the honeymoon trip package due to which the complainants have to suffer great mental torture, agony and harassment. The complainants also served a legal notice dated 14.01.2022 upon the OP but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs 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.
2.     Despite due service through speed post,  the OP failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 03.10.2022.
3.     The Complainants filed documents in support of their case.
4.     We have heard the Counsel for the complainants and have gone through the documents on record.
5.     From the thorough perusal of the documentary evidence on file, it is clear that the complainants had availed the honeymoon trip package known as Adaaran Prestige Vadoo Maldives Five Star Resort from the OP-Company for 5 days and 4 Nights from 05.12.2021 to 09.12.2021 by paying Rs.2.85 lakhs. The OP provided the indirect flight instead of the direct flight as promised thereby causing mental agony and harassment to the complainants. Moreover, the PNR HTJKVN for return journey shared by the OP to the complainants does not exist on the official website of the Indigo.  Besides this, the OP had shared the valid return tickets in the evening on 04.12.2021 i.e. just a few hours before the boarding scheduled for 05.12.2021. The OP has also failed to refund the balance amount of Rs.1500/- towards the RT PCR test despite assurance to the complainants. In our considered view, the honeymoon holds a special place and sentimental value in the lives of newlyweds. However, due to the aforesaid acts of omission and commission on the part of the OP, the complainants certainly suffered some mental agony and harassment at their hands for which the OP is certainly liable to compensate them.
6.     Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainant go unrebutted & un-controverted.
7.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OP is directed to pay a lump sum compensation of Rs.15,000/- to the complainants 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.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 14.02.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER