Order No. 12 dt. 18/11/2019
Case of the complainant in brief is that the complainant along with his family members and a friend went to Shimla and Manali tour with the o.p. – travel company in the month of October, 2018. After completing the Shimla tour the complainant along with his family members and friend reached in Manali to stay there up to 21/10/2018. Thereafter the complainant booked a car of the o.p. through online by making payment of Rs.5,757/- for the journey from Manali to Kalka on 21/10/2018. It is stated in the petition of complaint that on 21/10/2018 the complainant was ready for the said journey and accordingly they checked out from the hotel and as per direction of o.p. they were waiting for the message which was scheduled to be sent by the o.p. two hours prior to commence of the journey on 21/10/2018 at 12.00 but o.p. did not send any message. Thereafter the complainant at 10.08 A.M. sent an email to the o.p. stating that he did not receive the car number and mobile number of the driver of the car but o.p. did nothing. The complainant again sent an email at 11.47 A.M. to the o.p. requesting to send the details of the car but o.p. did not turn up. Finding no way the complainant contacted with the customer care of the o.p. requesting the same and the o.p.- customer care informed the complaint that the car allotted for him was breakdown and o.p. would provide another car for the complainant very shortly. After a considerable period the complainant again called the customer care and came to know that the o.p. could not arrange a car for them. Being informed by the o.p. that they did not provide any car the complainant tried to arrange a car in order to reach Kalka to catch a Delhi bound train at 23:55 Hrs. but he failed to make any arrangement regarding the fact and he had to stay at a hotel by paying Rs.1,998/-. Thereafter the complainant reached Delhi by bus and paid Rs.10,008/- for ticket of the bus and he stated the entire fact to the o.p. It is stated by the complainant that on 24/10/2018. O.p. called up the complainant stating that they were ready to pay Rs.2,500/- for cancellation of booking of the car and on 25/10/2018 o.p. wanted to refund the booking amount of Rs.5,757/- to the complainant but o.p. did not pay the amount incurred by the complainant due to the negligent act of the o.p. Hence the complainant filed this case praying for direction upon the o.p. to pay Rs.20,000/- along with compensation and litigation cost.
O.p. has contested this case by filing w/v, denying and disputing the allegation made against him, stating that on 25/10/2018 the o.p. wanted to refund Rs.5,757/- to the complainant and an amount of Rs.1,000/- as a token of apology for the inconvenience caused by the o.p. and o.p. offered Rs.3,000/- to the complainant as token of apology but it was refused by the complainant and on 16/11/2018 the o.p. by sending an email stated that the o.p. would not be able to compensate more than the amount he has already offered. O.p. has further stated that the o.p. has already refunded the booking amount of the car and offered the complainant an extra amount of Rs.3,000/- and as such the o.p. has no deficiency in service and accordingly, the o.p. has prayed for dismissal of the case.
Points for determination
- Whether there is deficiency in service on the part of the o.p.?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with reasons
Both the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Admittedly the complainant booked a car on 21/10/2018 for the journey from Manali to Kalka through online payment of Rs.5,757/- to the o.p. Complainant has alleged that after receiving entire booking amount of the car and confirming the said booking to the complainant o.p. did not provide any car to the complainant. On the other hand o.p. stated that as they could not provide car they refunded the booking amount to the complainant.
The complainant has further alleged that he had to incur an extra amount due to the inconvenience caused by the o.p. On the contrary o.p. stated that they offered an amount of Rs.3,000/- to the complainant for the inconvenience caused by them.
On perusal of documents on record it appears that the complainant booked a car from Manali to Kalka which was scheduled to be started at 12:00 Hrs. on 21/10/2018. The complainant filed some documents to support his contention that he had to incur an extra amount due to the inaction of the o.p. It further appears that o.p. has already paid the booking amount of Rs.5,757/- to the complainant and o.p. offered an amount of Rs.3,000/- to the complainant for the inconvenience caused by them. Therefore, it is evident from the documents on record that there is deficiency in service on the part of the o.p. Hence, o.p. is liable to pay the amount which was incurred by the complainant and also the compensation and litigation cost to the complainant. We are of opinion that o.p. should pay Rs.7,249/- for the loss incurred by the complainant with Rs.2,000/- compensation and Rs.1,000/- for litigation cost.
Both the points are disposed of accordingly,
In the result the complainant case succeeds in part.
Hence, it is,
Ordered
that CC/352/2018 is allowed on contest against the o.p. with cost. O.p. is directed to pay Rs.7,249/- (Rupees Seven Thousand Two Hundred and Forty Nine) only to the complainant along with compensation of Rs.2,000/- (Rupees Two Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
