Chandigarh

StateCommission

A/87/2019

Mahender Singh - Complainant(s)

Versus

M/s Bhatia Travel - Opp.Party(s)

Arun Bansal, Neha Sharma & Anubhav Bansal Adv.

16 Jul 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	87 of 2019
Date of Institution	30.04.2019
Date of Decision	16.07.2019

 

1. Sh.Mahender Singh s/o Sh.Harbans Lal.
2. Smt.Suman w/o Mahender Singh,

 

Both resident of House No.271, Sector 16-A, Chandigarh.

 

                        …..Appellants/Complainants.

                        Versus

M/s Bhatia Travel through its proprietor/Authorised Person Sandeep Kumar 13/327, Gali No.1, Gobind Nagar, Sirsa.

.…..Respondent/Opposite Party.

Argued by:

 

Sh. Arun Bansal, Ms. Neha Sharma & Sh.Anubhav Bansal, Advocates for the appellants.

Respondent already exparte vide order dated 11.06.2019.

 

Appeal No.	88 of 2019
Date of Institution	30.04.2019
Date of Decision	16.07.2019

 

1. Rampal S/o Sh.Maman Singh R/o 1091, Sector 23-B, Chandigarh.
2. Anil Kumar S/o Sh.Raghvir Singh, R/o 2519, Sector 24-C, Chandigarh.

 

                        …..Appellants/Complainants.

                        Versus

M/s Bhatia Travel through its proprietor/Authorised Person Sandeep Kumar 13/327, Gali No.1, Gobind Nagar, Sirsa.

.…..Respondent/Opposite Party.

 

BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT

              SMT.PADMA PANDEY, MEMBER                  

              SH.RAJESH K. ARYA, MEMBER

 

Argued by:

 

Sh. Arun Bansal, Ms. Neha Sharma & Sh.Anubhav Bansal, Advocates for the appellants.

Respondent already exparte vide order dated 11.06.2019.

 

JUSTICE JASBIR SINGH (RETD.), PRESIDENT  (ORAL)

              This order will dispose of two appeals i.e. bearing Nos.87 of 2019 & 88 of 2019, filed by the complainant(s), against the common order dated 02.04.2019 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short ‘the Forum’ only). The issues, facts and the submissions involved are also common in both the aforesaid appeals.

2.         To dictate order, facts are being taken from Consumer Complaint bearing No. 115 of 2019, titled as “Rampal & anr. Vs. M/s Bhatia Travels” before the Forum.

3.            The Forum has noted down the following facts qua grievance raised by the complainants in their complaint :-

“3]       Briefly stated the case of the complainants is that he, in order to visit Dubai on Tourist Visa, contacted the Opposite Party, who offered a Tour Package of 4 Nights & 5 days @Rs.52,000/- per person with all facilities, as detailed in Para No.2 of complaint.  It is averred that the Opposite Party provided its Bank detail as Axis Bank, Branch Barnala Road Sirsa and accordingly, the complainant deposited a total sum of Rs.1,04,000/- in the said bank account of the Opposite Party towards the cost of tour packages. It is stated that the Opposite Party failed to provide the due services as agree upon during Dubai Tour.  It is also stated that on arriving Dubai, the Opposite Party failed to provide any taxi or vehicle at Airport, despite assurance, as such, the complainant has to hire taxi at own expenses to reach Hotel.  It is further stated that the Opposite Party also failed to provide the stay in promised hotel.  It is submitted that the Opposite Party failed to provide facilities as promised and gave lame excuses without any basis and as such, having no alternative, the complainants have to plan their tour on their own and bear the expenses.  It is also submitted that even the conveyance from Hotel to Airport on 8.11.2018 at the time of departure was not provided by Opposite Party. 

         It is pleaded that the complainants had to put in use approx. 3500 Dhirams on account of various expenses due to which they suffered a loss of Rs.70,000/- in total and apart from this, the complainants also suffered inconvenience due to non-providing of facilities, as agreed upon and they could not visit few places due to scarcity of time for seeking bookings and transfer.  The matter was brought to the notice of Opposite Party and even a legal notice was sent to it, but to no avail.  Hence, this compliant has been filed alleging deficiency in service on the part of Opposite Party.”

 It was their case that they had booked tour package through the Opposite Party. As per the agreed terms and conditions, services were not provided during their journey, as such, they suffered a lot.

4.         Both the complaints were dismissed in limini. It was observed that as the office of the Opposite Party is situated in Sirsa (Haryana), the amount was also received at that place, as such, the Forum has no territorial jurisdiction to decide the complaint.

5.         To the notice issued, the respondent/Opposite Party failed to put in appearance and accordingly, it was proceeded against exparte vide order dated 11.06.2019 passed by this Commission.

6.         We have heard Counsel for the appellant, and have gone through the contents of the complaint.

7.         It was argued before us that the averments made in the complaint supplied by an affidavit, were yet to be tested and, as such, the complaint should not have been dismissed in limini on a preliminary issue.

            We feel that argument raised needs acceptance. It was a case where all averments made in the complaint went unrebutted. In paragraph No.2, it is specifically stated that the Opposite Party had approached at the house of the complainants and offered a tour package at Chandigarh. The deal was settled at Chandigarh. Further, bank account detail, in which, money was to be transferred was also supplied to the complainants by the Opposite Party at Chandigarh. It is further stated that some amount was paid in cash and the balance amount was paid online from account maintained by the complainants at Chandigarh. Tentatively, the above facts make out a case, in which, it was necessary for the Opposite Party to appear and either admit or deny the facts mentioned in the complaint. It was not a case, which deserves dismissal without issuing notice.

8.         In view of above, the aforesaid appeals are allowed. Order, under challenge, is set aside and both the complaints i.e. bearing Nos.114 of 2019 & 115 of 2019 are remitted back to the Forum concerned to decide it a-fresh, on merits, after issuing notice to the Opposite Party.

9.         The appellant(s)/their Counsel are, therefore, directed to appear before the concerned Forum on 13.08.2019.

10.        Complete record of complaint file be sent back to the Forum concerned alongwith certified copy of this order, so as to reach there before the said date i.e. 13.08.2019.

11.        Certified copies of this order be sent to the parties, free of charge.

12.        File be consigned to the Record Room after completion.

Pronounced.

16.07.2019                                                                                                 [JUSTICE JASBIR SINGH [RETD.]

                                                                                 PRESIDENT

 

                                                                                               

[PADMA PANDEY]

MEMBER

 

 

[RAJESH K. ARYA]

MEMBER

Rb/Ad