Chandigarh

DF-II

CC/475/2022

Manjeet Singh - Complainant(s)

Versus

M/s Bittoo Tour and Travels - Opp.Party(s)

Devinder Kumar

12 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	475/2022
Date of Institution	:	02.06.2022
Date of Decision	:	12.12.2023

 

                     

            

 

Manjeet Singh s/o Sh.Dharamvir Singh, aged abot 38 years r/o H.No.192 Badal Colony, Zirakpur, Distt. SAS Nagar, Mohali.

                 ...  Complainant.

Versus

 

1. M/s Bitto Tour and Travels, B-173, Part (Map RZ-401/2 Sector-1 Palam Colony, Raj Nagar II Extension, Raj Nagar New Delhi, Delhi 110045 India through its Partner Ashish Gupta.

Email:-bittootourandtravel@gmail.com

Whatsapp No.93137-87079

 

2.  P.K Gupta, Partner of M/s Bitto Tour and Travels, B 173, Part (Map RZ-401/2 Sector-1 Palam Colony, Raj Nagar II Extension, Raj Nagar New Delhi, Delhi 110045 India.

Email:-bittootourandtravel@gmail.com

Whatsapp No.93137-87079

…. Opposite Parties

 

BEFORE:
	SMT.SURJEET KAUR,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Devinder Kumar, Adv. for the complainant None of OP No.1(Defence of OP No.1 struck off). OP No.2 exparte

   

PER B.M. SHARMA, MEMBER

1.     Briefly stated, on auspicious occasion of Grah Pravesh, the complainant booked 14 seat traveler vide whatsapp message dated 23.03.2022 for the journey of his family members/relatives from Samaspur Khalsa, New Delhi to Haridwar (Uttrakhand) via Zirakpur (Punjab) from 15.04.2022 to 17.04.2022 for Rs.21,000/- including the toll tax, road tax and parking etc.  The complainant paid Rs.5,000/- in advance through online to the OPs and they assured to provide the vehicle on 15.04.2022. One day prior to the journey, the complainant informed the OPs vide message dated 14.04.2022 about the pickup time and date. However, despite assurances and receipt of the advance amount, the OPs have failed to provide the vehicle to the complainant for said journey. Finally, the complainant had to arrange the another vehicle from M/s Dahiya Travel by paying Rs.37,000/-. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund Rs.5,000/- as advance amount and Rs.16,000/- towards the difference of the fare i.e. Rs.16,000/- paid to M/s Dahiya Travel along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     Since OP No.1 failed to file the reply and evidence within the stipulated period of 45 days and as such its defence was ordered to be struck off vide order dated 24.03.2023 as per the principle of law laid down in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., AIR 2016 SC 86.
3.     Despite due service through registered post, OP No.2 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 24.02.2023.
4.     The complainant led evidence in support of his case.
5.     We have heard the Counsel for the complainant and have gone through the documents on record.
6.     The complainant has tendered his affidavit alongwith the documents in support of the case. From the documents especially whatsapp messages exchanged between the parties, it is established that the complainant availed 14 seater tempo traveler of the OPs for the said journey by paying advance of Rs.5,000/-. Despite receipt of the advance amount, the OPs have failed to provide the promised services to the complainant on the booking date due to which he had to hire the services of another traveler i.e. M/s Dahiya Travel for the said journey by paying higher fare. Besides this, the OPs have failed to refund the advance amount to the complainant despite his requests. Moreover, the OPs did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainant go unrebutted & un-controverted.
7.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to refund the advance amount of Rs.5,000/- to the complainants along with interest @ 9% p.a. from the date of its receipt i.e. 23.03.2022 till the date of its actual realization. The OPs are also directed to pay Rs.21,000/- to the complainant towards the mental agony and physical harassment as well as litigation expenses.
8.     This order be complied with by the OPs within 90 days from the date of receipt of its certified copy.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 12/12/2023
	Sd/- (SURJEET KAUR) PRESIDING MEMBER
	Sd/- (B.M.SHARMA) MEMBER