Delhi

North East

RBT/CC/262/2022

ASHA CHOWDHARY - Complainant(s)

Versus

MAKE INDIA JOURNEY - Opp.Party(s)

10 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

RBT/Complaint Case No. 262/22

 

 

In the matter of:

 

	Asha Chowdhary W/o Ajay Chowdhary R/o  65, Patel Apartments, Sector-13, Rohini, Delhi-110085	Complainant
	Versus
	MSAB Make India Journey 45A, Pocket A1, Mayur Vihar-3, New Delhi-110096	Opposite Party

 

DATE OF INSTITUTION:   JUDGMENT RESERVED ON:    DATE OF ORDER

04.12.18 09.11.22 10.04.23

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1.  The case of the Complainant is that she purchased tour package including all meals and travel for 4 days 3 nights for 4 person from Delhi to Dharamshala, Dalhousie and back from 07.06.18 to 12.06.18 through Make India Journey for a cost of Rs. 28,000/- plus GST. The Complainant stated that she paid a sum of Rs. 15,490/- in advance for booking and balance amount of Rs. 7,000/- was paid to driver later on. The Complainant stated that they had to cancel the trip mid-way due to non-availability of hotel room in Dalhousie suitable for 4 persons. The accommodation offered at Dalhousie was also not as per the commitment of Opposite Party and when the matter was discusses with company executives they promised them to look for any other accommodation, and in the meantime told them to explore the Dalhousie. The Complainant stated that when they came back the accommodation booked for them was not available as the guest house owner told that they have not received any advance from the company and there is no booking in writing, and they had given the room to some other guests and company executive refused to entertain the request. The Complainant stated that they had to stay on road during the night so they came back to Delhi in the night itself and after coming back when they wrote to company to refund the amount they did not paid any heed to the request of Complainant. The Opposite Party company has also not issued invoice for the trip booked. The Complainant stated that company never called them or wrote to them to clear the balance payment or claim the amount and only the driver is calling them for the balance payment. The Complainant stated that she wrote an email to Opposite Party on 17.10.18 and in reply they wrote an internal mail to know the issue. The Complainant also sent two registered letters on their head office and registered office on 31.10.18 and 10.11.18 which was received by Complainant as unclaimed. Hence, this shows deficiency on the part of Opposite Party. She has prayed for Rs. 22,490/- ( Rs. 15,490/- + Rs. 7,000/-) as the amount paid to Opposite Party.  
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 14.03.19.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of her complaint filed her affidavit wherein she has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the H/o Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by her affidavit and documents filed by her. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to refund the amount of Rs. 22,490/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and litigation cost with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 10.04.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President