BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.230 of 2015

Date of Instt. 28.05.2015

Date of Decision :19.05.2016

Jasbir Singh Johal son of Harjit Singh R\o 257-258, Master Tara Singh Nagar, Jalandhar.

..........Complainant

Versus

1.Manager, Make Mytrip India Pvt Ltd., Office No.5, Third Floor, City Square Building, Near Kesar Petrol Pump, Jalandhar.

2.Make Mytrip India Pvt Ltd., Tower-A, SP Infocity, 243, Udyog Vihar, Phase-I, Gurgaon-122016, Haryana through its Director.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Rakesh Dhir Adv., counsel for the complainant.

Sh.Kunal Guglani Adv., counsel for OP No.2.

OP No.1 exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that complainant planned his holidays through OPs for two adults and two children i.e. complainant, his wife and two minor children on 8.5.2014 and made payment of Rs.13,500/- in cash and Rs.50,000/- through bank account on 9.6.2014 for booking of hotel at Gurlmarg, Pehalgam and Srinagar with deluxe room and breakfast and the OP issued service voucher No.MH810753486057. The OP also gave package chart for two nights at Gulmarg, two nights at Pehalgam and three nights at Srinagar with deluxe room and breakfast at all the aforesaid three places. The OP also issued hotel confirmation voucher regarding hotel Heevan at Pehalgam. The complainant alleges that OPs wrong confirmation to all the aforesaid hotels regarding complainant booking of only two adults or one minor children whereas the booking was for two adults and two children. No breakfast was provided to the complainant at hotel Gulmarg as well as in hotel at Srinagar. No only this, at Pehalgam hotel Heevan authorities stated that there is no such booking for the complainant on 24.6.2014 and 25.6.2014. The complainant then had to got booked rooms at hotel Woodstock at Pehalgam and paid Rs.6930 vide bill dated 25.6.2014 and also paid Rs.123/- as other charges regarding water and also had to pay bill for food Rs.1978/-. The complainant also paid breakfast charges at hotel Srinagar Rs.600/- and Rs.7500/-. The complainant approached the OP to pay this amount to the complainant as he suffered monetary, mental harassment due to lapse/deficiency in service on the part of the OP but OP did not pay any heed to the request of the complainant. On such averments, the complainant has prayed for directing the OPs to refund Rs.63,500/- with interest. He has also claimed compensation and litigation expenses.

2. Upon notice, OP No.2 appeared and filed written reply pleading that the complainant provided the details according to which the OP No.1 prepared the tour and on the instruction of the complainant one deluxe room was booked for two adults and two children. The OP admitted that at Pehalgam hotel Heevan confirmed the booking but when the complainant reached the hotel Heevan at Pehalgam, the concerned official of the hotel refused to give room to the complainant which does not entail liability other, OPs which acted as facilitator only. The OP tried to accommodate the complainant with alternate hotels but complainant refused to accept that offer. The OP further submitted that Rs.18720/- was already refunded. OP denied other material averments of the complainants.

3. Notice of this complaint was given to the OP No.1 but nobody has turned-up despite service and as such it was proceeded against exparte.

4. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C17 and closed evidence.

5. On the other hand, learned counsel for the OP No.2 has tendered affidavits Ex.OP1/1 alongwith copies of documents Ex.OP1/A to Ex.OP1/C and closed evidence.

6. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant planned his holidays through OPs for two adults and two children i.e. complainant, his wife and two minor children on 8.5.2014 and made payment of Rs.13,500/- in cash vide receipt Ex.C10 and Rs.50,000/- vide voucher Ex.C9 through bank account on 9.6.2014 for booking of hotel at Gulmarg, Pehalgam and Srinagar with deluxe room and breakfast and the OP issued service voucher No.MH810753486057. The OP also gave package chart Ex.C4 for two nights at Gulmarg, two nights at Pehalgam and three nights at Srinagar with deluxe room and breakfast at all the aforesaid three places. The OP also issued hotel confirmation voucher Ex.C2 regarding hotel Heevan at Pehalgam. The complainant alleges that OP wrong confirmation to all the aforesaid hotel regarding complainant booking of only two adults or one minor children whereas the booking was for two adults and two children. No breakfast was provided to the complainant at hotel Gulmarg as well as hotel at Srinagar. No only this, at Pehalgam hotel Heevan authorities stated that there is no such booking for the complainant on 24.6.2014 and 25.6.2014. The complainant then had to got booked rooms at hotel Woodstock at Pehalgam and paid Rs.6930 vide bill Ex.C11 dated 25.6.2014 and also paid Rs.123/- as other charges regarding water vide bill Ex.C12 and also had to pay bill for food Rs.1978/- vide bill Ex.C13. The complainant also paid breakfast charges at hotel Srinagar Rs.600/- vide bill Ex.C16 and Rs.7500/- vide bill Ex.C17. The complainant approached the OP to pay this amount to the complainant as he suffered monetary, mental harassment due to lapse/deficiency in service on the part of the OP but OP did not pay any heed to the request of the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

8. Whereas the case of the OP No.2 as per affidavit of Saurabh Taneja, Deputy Manager of the OP is that the complainant was provided the details according to which the OP No.1 prepared the tour and on the instruction of the complainant one deluxe room was booked for two adults and two children. The OP admitted that at Pehalgam hotel Heevan, they confirmed the booking but when the complainant reached the hotel Heevan at Pehalgam refused to give room to the complainant which does not entail liability other, OPs which acted as facilitator only. The OP tried to accommodate the complainant with alternate hotels but complainant refused to accept that offer. The OP further submitted that Rs.18720/- was already refunded as per details Ex.OP1/C. As such, there is no deficiency in service on the part of the OP No.2 qua the complainant.

9. From the entire above discussion, we have come to the conclusion that complainant planned his holidays tour through OPs for two adults and two children i.e. complainant, his wife and two minor children and paid Rs.13,500/- in cash vide voucher Ex.C10 and Rs.50,000/- through bank account vide voucher Ex.C9, in favour of the OP. This amount was duly received and not disputed by the OP. The OP gave package to the complainant of two nights at Gulmarg, two nights at Pehalgam and three nights at Srinagar with deluxe room and breakfast at all the aforesaid three places as per voucher Ex.C4. This package was of Rs.63,500/- which the complainant had paid as is evident from the receipt issued by the OP Ex.C5 but when the complainant visited at Gulmarg, the hotel authorities did not provide breakfast free of cost and they charged amount from the complainant. Similarly at Pehalgam, the hotel, Heevan flatly refused to provide accommodation to the complainant by stating that there is no reservation for the complainant party, then the complainant had to got booked two rooms in another hotel i.e. hotel Woodstock for Rs.6930/- vide bill Ex.C11 and they paid breakfast and other charges Rs.1978/- and Rs.123/- vide bills Ex.C13 and Ex.C12 respectively. In all, the complainant paid Rs.9031/- to hotel Woodstock at Pehalgam. The OP also did not got booked two rooms at Srinagar and complainant has to make arrangement for 25.6.2014 and 26.6.2014 at hotel Wangnoo Heritage Houseboats and paid Rs.7500/- vide bill Ex.C17. The complainant also spent a sum of Rs.600/- for breakfast at Srinagar vide bill Ex.C16. In all the complainant had to spent Rs.17,131/- from his own pocket. The OPs are liable to pay this amount to the complainant because they did not perform their duty properly and did not make arrangement for the stay and breakfast, etc for the complainant party despite charging full amount of package i.e. Rs.63,500/- and the complainant had to suffer harassment mentally as well as monetary. The OP has admitted its fault in their written version and they stated that they refunded an amount of Rs.18270/- as per refund details Ex.OP1/C. Whereas the complainant has stated that he did not receive any refund from the OP. From the perusal of this refund details Ex.OP1/C it is clear that this amount was paid by OP to one Manoj Sarna on 20.8.2014 but OP could not prove who is Manoj Sarna?. So, this amount is not received by the complainant but was received by one Manoj Sarna, if any and the OP has failed to prove any relation of Manoj Sarna with complainant.

10. Consequently, we hold that the OPs are certainly in deficiency of service qua the complainant. OPs, therefore, are liable to refund this amount of Rs.17,131/- to the complainant alongwith interest. Resultantly, we allow this complaint with cost and OPs are directed to refund this amount Rs.17,131/- alongwith interest @9% per annum from the date of payment i.e. 26.6.2014 till the date of payment to the complainant. The OPs are also liable to pay the cost of litigation to the tune of Rs.3000/- to the complainant. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

19.05.2016 Member President