Complainant present in person
Opponent absent
Per : Mr. Mohan Patankar, Member Place : PUNE
J U D G M E N T
19/07/2014
The present complaint is filed by the consumer against the opponent company, which is dealing with the business of providing holiday packages, for deficiency in service under section 12 of the Consumer Protection Act, 1996. The brief facts as stated by the complainant are as follows,
1] The complainant is a resident of Yerwada, Pune – 6. The opponent has website to provide various services to its customers online. Complainant booked a holiday package for three nights and four days with the opponent. The complainant paid an amount of Rs.4,498/- towards the charges of this package. The complainant provided selected date and hotel of his choice to the opponent. The opponent has not provided particular hotel on the given date, due to non availability of the rooms. The complainant verified the availability of the rooms through the website of hotel. It was found that the rooms were available. Complainant informed the opponent accordingly. Opponent each time evaded the request for one or the other reason. After pursuing the matter through e-mils and the calls, the complainant was unsatisfied and became despondent. On 16/10/2013, the complainant sent a letter to the opponent stating grievance. However, it was ignored by the opponent. The opponent has given appalling, unprofessional and deficient service. As a result the complainant has filed the present complaint.
2] The opponent though duly served with notice of the Forum remained absent; hence the complaint proceeded ex-parte against the opponent.
3] After scrutinizing the affidavit of the complainant and the documentary evidence submitted by him and considering the pleadings of the complainant, following points arise for the determination of this Forum. The points, findings and reasons thereon are as follows,
Sr.No. | POINTS | FINDINGS |
1. | Whether complainant has proved that, the opponent company has provided deficient services to him? | In the affirmative |
2. | Whether opponent is responsible to pay compensation and cost to the complainant? | In the affirmative |
3. | What order? | Complaint is partly allowed |
REASONS TO ABOVE POINTS ARE AS FOLLWS,
4] It is proved by the complainant that, he has duly paid the price of holiday package to the opponent’s company. The payment of Rs.3,999/- through his credit card and Rs. 499/- through online. Accordingly the opponent company has issued receipts. The company of the opponent is situated at Noida, Uttar Pradesh and the complainant has filed the present complaint before this Forum. Then the question arises, whether this Forum has jurisdiction to entertain the present complaint? The opponent has not appeared before the Forum and failed to raise the objection regarding territorial jurisdiction of the Forum. In this context the reliance can be placed upon the ruling of Hon’ble National Consumer Disputes Redressal Commission between “Gurunath Travels V/S Dr. A. P. Agarwal” reported in II (1994) CPJ 56 (NC), wherein it has been observed by Hon’ble National Commission that, the appellant i.e. the original opponent has not appeared before the District Forum of Aligarh (U.P.) and never raised objection as regards jurisdiction, even before State Commission, territorial jurisdiction of Aligarh District Forum was not raised. Therefore, the territorial jurisdiction of Aligarh District Forum was upheld by Hon’ble National Commission. Considering the above mentioned ruling, this Forum is of the opinion that, as the opponent failed to appear before this Forum and raise objection as regards territorial jurisdiction of the Forum, this Forum can entertain the present complaint.
5] The complainant has submitted date and hotel of his choice as suggested by the opponent. The opponent, however, refused to give holiday package to the complainant. The complainant has succeeded in proving that, on the given date, selected hotel was available. The opponent fibularly denied the service to the complainant. This amounts to deficiency in service by the opponent’s company. Further the complainant requested to cancel the booking and asked the refund of the amount paid, but the opponent disagreed this request. Thus, by not providing the selected hotel to the complainant and usurp the paid amount by him, the opponent has provided deficient services by causing financial loss and mental agony. This Forum is of the opinion that the complainant has proved the deficiency in service of the opponent through its company. As a result, this Forum answer the points accordingly. The opponent is liable to pay compensation and costs to the complainant. Hence, the Forum pass following order.
O R D E R
- Complaint is partly allowed.
- It is hereby declared that the opponent
has caused deficiency in service by not providing assured services to the complainant.
- The opponent is directed to refund an amount of Rs. 4,498/- (Rs. Four Thousand Four Hundred and Ninety Eight only) to the complainant within six weeks from the date of receipt of copy of this order.
- The opponent is further directed to pay an amount of Rs. 3,000/- (Rs. Three Thousand only) to the complainant towards compensation and an amount of Rs. 1,000/- (Rs. One Thousand only) towards costs of the complaint, within six weeks from the date of receipt of copy of this order.
5. Copies of this order be furnished to
the parties free of cost.
6. Parties are directed to collect the sets, which were provided for
Members within one month from the date of order, otherwise those will be destroyed.
