Haryana

Bhiwani

CC/63/2016

M/s Chinar - Complainant(s)

Versus

M/s Arora Tour - Opp.Party(s)

K.R Sharma

29 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI

 

                                                Complaint Case No. 63 of 2016

                                                Date of Institution:   31.03.2016

                                                Date of Decision:         29.08.2023

 

Chinar Syntex Limited a company incorporated under the provisions of the companies Act, 1956, and having its Regd. Office at 13/21, Industrial Area, Bhiwani, through Shri Naresh Aggarwal son of Shri Nand Kishor Aggarwal resident of Shiksha Marg, Bhiwani, Haryana, Director of M/s Chinar Syntex Limited, Bhiwani under the companies Act, 1956, situated in 13/21 Industrial Area, Bhiwani, Haryana.

                                                          ….Complainant.

Versus

M/s Arora Tour and Travellers Agency, Amritsar Cloth House, Tehsil Road, Bilaspur (Uttrakand)                                                                                                          ....Opposite Parties.

 

                        COMPLAINT UNDER SECTION 12 & 13 OF

                               THE CONSUMER PROTECTION ACT, 1986

 

 

Before: -  Mrs. Saroj Bala Bohra, Presiding Member.

Sh. DM Yadav, Member.

 

Present:   Sh. Amit Kumar, Advocate for the complainant.

OP exparte.

       

ORDER:     

1.             Brief facts of the case, as per the complainant are that he has been giving the scheme of tour from time to time and the businessmen used to go on tour. It is alleged that complainant had booked package of five businessmen for Bankok trip from the travel agency and had paid a sum of Rs. 28,000/- for per businessman on 07.09.2014. Due to some unavoidable circumstances, the said five businessmen could not avail of the said Bankok trip and information was given to the OP on 05.09.2014 and the OP has also confirmed regarding the cancellation of the trip of Benkok. The complainant requested to the OP several times to make the payment of Rs. 1,40,000/- alongwith interest but he did not  pay any heed and went on prolonging  the matter on one pretext or  the other. The complainant has also sent a legal notice  on 17.12.2014 through his counsel Shri K.R.Sharma, Advocate, District Courts Bhiwani, giving  the OP clear time of 15 days to pay the said amount, but the OP did not gave any reply. Hence this complaint and it is prayed that opposite party may kindly be directed to pay the amount of Rs.1,40,000/- (One Lac Forty Thousand only) alongwith interest @ 24% p.a. from the date of due and also to pay Rs.50,000/-(Rupees Fifty Thousand only) as compensation on account of mental agony, pain, harassment and humiliation and also to pay cost of litigation to the complainant.                                        

2.                  Notice was issued to the opposite party but no one appeared on behalf of opposite party, therefore, the opposite party was proceeded against exparte vide order dated 15.11.2017.

3.                  To prove its complaint, counsel for the complainant has tendered in evidence affidavit Annexure CW1/A and documents Annexure C1 to Annexure C15 and closed the evidence vide his separate statement dt. 07.09.2022

4.                  We have heard the counsel for the complainant.  All the documents perused minutely and carefully.  The grievance of the complainant is that he had taken a package for five businessmen for a tour to Bankok.  But he failed to go on this trip and he informed the travel agency on 5.9.2014.  But no such evidence regarding information to the travel agency extended/produced and no cancellation report is produced.  Secondly, there is no proof of payment of the alleged amount paid by the complainant.

5.                  In view of the facts and circumstances of the case, there is no deficiency in service on the part of OP and the complaint stands dismissed.  A copy of this order be supplied to both the parties free of costs. File be consigned to record room after due compliance.

Announced in open Commission.

Dated: - 29.08.2023

 

 

        (DM Yadav)                         (Saroj Bala Bohra)

         Member                          Presiding Member,                

                                                 District Consumer Disputes

                                                 Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Present:    Complainant in person.

OP exparte.

       

 

                Vide separate detailed order of the even date, the present complaint stands dismissed.  Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Commission.

Dated: - 29.08.2023

 

 

        (DM Yadav)                         (Saroj Bala Bohra)

         Member                              Presiding Member,          

                                                   District Consumer Disputes

                                                 Redressal Commission, Bhiwani.