BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.552 of 2015
Date of institution: 16.10.2015
Date of Decision: 09.06.2016
Charnish Kumar son of Bhupinder Kumar, resident of VPO Mullanpur Garibdass, Tehsil Kharar, District Mohali.
……..Complainant
Versus
1. M/s. Clicklytics India Pvt. Ltd. # 1564, Revanna’s, 3rd Floor, 27th Main, Sector 2, HSR Layout, Bangalore 560102.
2. Ezeestay.com, #181/18, Anish’s Pride, 2nd Floor, 5th Main, Jayanagar 4th Block, Bangalore 560011.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
OPs ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OPs’) to:
- Refund him Rs.2,739.84 alongwith interest @ 12% per annum from 08.08.2015 till realization.
- To pay him Rs.50,000/- for cancellation of booking and spoiling the holiday trip of the complainant.
- to pay him Rs.1,30,000/- @ Rs.10,000/- for per call attempted and e-mail sent for refund of money, breach of trust and mental agony/harassment.
(d) to pay him Rs.10,000/- as cost of litigation.
The complainant online done booking for Chail Villas through payment link gateway which was sent by OP No.1’s representative via e-mail and the complainant paid Rs.2,739.84 as booking charges. Within two hours of booking the room, the complainant received call and e-mail from OP No.1’s representative that due to some unforeseen circumstances, OP No.1 is cancelling booking of the complainant. OP No.1 asked the complainant to accept the cancellation and update his bank account details in which the amount shall be refunded. The complainant updated his bank account details and received confirmation mail from OP No.1 that the money shall be refunded by 11.08.2015. It was mentioned in the mail that the complainant does not have to call OP No.1 or contact it rather it will be following the complaint pro actively until the money is credited in the account of the complainant. Despite written assurance, till date the complainant has not received the refund amount from the OPs. The complainant has even informed the service centre and followed up with them for more than 12 times but the service centre did not help him out. So, therefore, his efforts to seek support of service centre was of no avail to him. So much so the complainant’s e-mails did not elicit any favourable response. Thus, the complainant has alleged unfair trade practice and deficiency in service on the part of the OPs and filed the present complaint.
2. None appeared on behalf of the OPs despite service of notice upon them through registered post/email. Thus both the OPs were proceeded against exparte vide order dated 11.12.2015 and 28.03.2016 respectively.
3. Evidence of the complainants consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-12.
4. We have heard the complainant and have gone through the pleadings and evidence.
5. The booking of one room for two adults and one child at Chail Villa for 08.08.2015 and advance payment of Rs. 2739.84 made to link gate i.e. OP No.2 as is evident from HDFC Master card credit statement Ex.C-6 against the agreed payment of Rs.5479.68 vide booking confirmation e-mail dated 08.08.2015 at 12:37:45 PM IST Ex.C-3. Further the cancellation of booking by the OPs on the same day i.e. on 08.08.2015 at 1:49:35 PM IST vide Ex.C-4 is not disputed. Further the OPs have given an assurance to refund Rs.2739.84 vide Ex.C-4 itself. The OPs vide e-mail dated 08.08.2015 at 1:57 PM IST gave the expected date of credit qua refund on or before 11.08.2015 vide Ex.C-5. Still the OPs did not abide by the time frame so mentioned in Ex.C-5 and the complainant vide e-mail dated 17.08.2015 at 11:08:45 AM IST reminded the OPs for non refund of the amount and requested the OPs to do needful at their end. Thus, the complainant has proved the transaction booking, cancellation, promise of refund and non refund till date of the amount on record vide Ex.C-3 to C-5.
6. The OPs have been sent the notice through e-mail which was duly delivered to them but still the OPs have chosen not to participate in the proceedings before this Forum. The absence of the OPs, therefore, despite being properly served is nothing but an admission from their own side which otherwise the complainant has proved from the e-mail exchanged between them on the issue.
7. By considering the facts and circumstances and documentary evidence adduced by the complainant alongwith the affidavit, the this Forum is of the view that the act of the OPs is nothing but a deficiency in service and unfair trade practice in accordance with the provisions of Consumer Protection Act. The Ops have firstly without any notice to the complainant cancelled the confirmed booking and have further without any reason and despite assurance has withheld the amount of the complainant which amounts to breach of trust and has certainly caused mental agony and harassment. The complaint, therefore, deserves to be allowed and the complainant deserves to be compensated.
8. The complaint is, therefore, allowed against the OPs with the following directions:
(a) to refund to the complainant Rs.2,739.84 (Rs. Two thousand seven hundred thirty nine and paise eighty four only) with interest thereon @ 9% per annum w.e.f. 11.08.2015 i.e. the date of un-kept assurance given by the OPs for refund of the amount.
(b) to pay to the complainant a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) for mental agony, harassment and costs of litigation.
Compliance of the above directions be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 09, 2016.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
