Delhi

North East

CC/354/2022

Sh. Deepak Kumar - Complainant(s)

Versus

Mr. Arun P Nair - Opp.Party(s)

06 Oct 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

Complaint Case No. 354/22

 

 

 

 

 In the matter of:

 

		Shri Deepak Kumar Aggarwal S/o Shri G.P Aggarwal R/o 1/6887, East Rohtas Nagar, Shahdara, Delhi-110032		Complainant
		Versus
		Sh. Arun P. Nair Proprietor of Rain Holidays Planner, Apsara Junction Near SBI Kumarakom Kerala-686563     Also at:- Charaluparambil, Chozyhiyakkad Channanikkad, Panachikkad, Kottayam, Kerala-686533		Opposite Party
			DATE OF INSTITUTION: 05/09/2022 JUDGMENT RESERVED ON:18/08/2023 DATE OF ORDER: 06/10/2023		05.09.22 18.08.23 06.10.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

 

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019 against the Opposite Party i.e.Rain Holidays Planner through its Proprietor which deals with tourism related services across South India.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Opposite Party being a Tourism company had floated a scheme called Early Bird Offer whereby offering a tour across South India with discounted rated of Rs. 88,000/- for 12 nights 13 days from 21.06.22 to 03.07.22. Accordingly, the Complainant booked the early birds offer by paying advance money on 10.05.22 and Opposite Party booked package for him and his family (4 persons) and issued all hotel vouchers and details of whole tour package for the complete trip. On 21.06.22 the Complainant and his family members reached Mysore hotel through a cab from airport as per itinerary and stayed there for 2 days 21-22 June,2022 and paid Rs. 20,000/- as hotel charges as per instruction of Opposite Party. Thereafter Complainant moved to Coorg and Complainant came to know that Opposite Party changed the hotel and room category to inferior one. As per instruction Complainant paid Rs. 10,000/- to cab driver in 2 instalments of Rs. 5,000/- each on 21.06.22 and 23.06.22 and after spending 2 days in Coorg Complainant paid Rs. 10,500/- as hotel charges as per Opposite Party instructions. The Complainant stated that as per travel package, Opposite Party needed to provide cottage but Opposite Party provided room to Complainant which was allegedly much inferior to the cottage.It is stated that on realising that, however, Opposite Party agreed to reduce Rs. 2,000/- from total tour package amount.On 25-26 June,22 inWayanad, Opposite Party again changed hotel into an inferior one and Complainant paid Rs. 5,500/- as hotel charges as per Opposite Party instructions. The Complainant stated that he had made total payment of Rs. 86,000/- at different places on different dates as per instructions of Opposite Party. It is alleged that the Opposite Party had made false promises about his services because while travelling dated 27.06.22 to 28.06.22, Opposite Party had to provide 3 star deluxe room to Complainant but Opposite Party failed to do so.It is alleged that from 28.06.22 onwards, Opposite Party neither provided any kind of hotel nor paid any hotel rent. The Complainant repeatedly tried to call Opposite Party but all in vain. The Complainant stated that as per package, next destination of trip was Coonoor and there too Complainant faced the same issue with Opposite Party. Due to this gross negligence of Opposite Party, Complainant failed to stay at Coonoor and moved to next destination as per tour guidelines and instead of fulfilling the obligation, Opposite Party failed to reply properly and started to gave lame excuses. The Complainant also got to know that Opposite Party failed to make paymentto cab agency allotted by Opposite Party to Complainant. Due to this cab agency instructed driver to leave Complainant and his family on road itself. After many request cab driver agreed to drop Complainant to Rameshwaram at extra cost of Rs. 5,000/-. The Complainant stated that Opposite Party and cab driver were continuously fighting with each other to drop Complainant on the way to Rameshwaramand Complainant somehow reached Rameshwaram by paying extra cost of Rs. 8,700/- to cab driver in cash. It is alleged that the Opposite Party failed to provide its service to Complainant as per its commitment. The Complainant stated that from 28.06.22 Opposite Party never picked the calls of Complainant nor provided any kind of facilities/services as per the terms and conditions defined by the Opposite Party. The Opposite Party had promised Complainant to bear all the expenses i.e. Rs. 58,000/- which had been spent by Complainant in addition to the package but Opposite Party completely failed to do so. The Opposite Party has also given commitmentto Complainant on whatsapp regarding payment of Rs. 58,000/- but till date no payment has been made by Opposite Party. The Complainant stated Opposite Party failed to refund the said amount of Rs. 58,000/- to Complainant despite making various demands reminders and requests. Hence, this shows deficiency on behalf of Opposite Party. Complainant has prayed for Rs. 58,000/- with interest 18 % p.a. till the realization of the amount and Rs. 2,00,000/- towards mental harassment. He has also prayed for Rs. 11,000/- as litigation expenses.
2. None has appeared on behalf of Opposite Party despite service of notice on 26.10.22. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 07.12.22.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his evidence by way of affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard theComplainant in person.We have also perused the file and the written arguments filed by the Complainant.
5. The case of the Complainant is that the Complainant availed the Early Bird Offer floated by the Opposite Party offering a tour across South India with discounted rated of Rs. 88,000/- for 12 nights 13 days from 21.06.22 to 03.07.22.  The Complainant stated that he had made total payment of Rs. 86,000/- at different places on different dates as per instructions of Opposite Party. It is alleged that the Opposite Party had made false promises about his services because while travelling dated 27.06.22 to 28.06.22, Opposite Party failed to do provide the accommodation as per their promise. The Complainant further alleged that due to gross negligence of the Opposite Party, the complainant failed to stay at next destination Conoor and moved to next destination as per tour guidelines.It is also alleged that on account of failure by Opposite Party to make payment, the Complainant and his family sufferedas the cab driver left them on road.  After many requests, cab driver agreed to drop Complainant to Rameshwaram at extra cost of Rs. 5,000/- and Complainant somehow reached Rameshwaram by paying extra cost of Rs. 8,700/- to cab driver in cash. It is alleged that the Opposite Party failed to provide its service to Complainant as per its commitment. The Complainant stated that from 28.06.22 Opposite Party never picked the calls of Complainant nor provided any kind of facilities/services as per the terms and conditions defined by the Opposite Party. It is also alleged that the Opposite Party had promised Complainant to bear all the expenses i.e. Rs. 58,000/- which had been spent by Complainant in addition to the package but Opposite Party completely failed to do so. The Opposite Party has also given commitment to Complainant on whatsapp regarding payment of Rs. 58,000/- but till date no payment has been made by Opposite Party.
6. It is confirmed from perusal of the material on record that the Opposite Party received the payment from the Complainant for the complete tour to the tune of Rs.86,000/-. It is also clear from the record that Opposite Party agreed to provide tour services for 12 nights 13 days from 21.06.22 to 03.07.22 under the package and could provide the services only from 21.06.22 to 28.06.22 i.e. for 8 days only which is clearly indicative of deficiency in services on the part of Opposite Party more particularly when the Opposite Party has failed to prove to the contrary.
7. The Complainant’s other allegation is that the Opposite Party promised to bear all the expenses i.e.Rs. 58,000/- which had been incurred by the Complainant in addition to the package but completely failed to do so. The perusal of the record reveals that the Complainant has not produced any evidence to prove any of the expenses. On perusal of record, wefind that there is no document on record to show that the Complainant completed his trip and incurred the expenses as alleged. We also do not find any document showing commitment made by the Opposite Party to refund the said amount as alleged. As the complainant has not been able to support his averment with any evidence, said contention cannot be accepted, hence, in view thereof, the Complainant is not allowed any refund on that account.
8. Keeping in view the above facts and discussion, we are of the considered opinion that the Opposite Party has committed deficiency in services towards the Complainant by not providing the services and facilities for complete trip as per package.
9. Thus,the present complaint is allowed and opposite Party is directed to pay to the ComplainantRs. 55,000/- towards compensation and Rs. 7,000/- as litigation cost. Opposite Party is liable to pay the same within a period of 4 weeks from the date of receipt of order. In case of delay in the payment beyond 4 weeks Opposite Party will be liable to pay interest @9% p.a. for the delayed period.
10. Order announced on 06.10.23.

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

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President