Haryana

Ambala

CC/125/2014

IVNVK SHARMA - Complainant(s)

Versus

M/S ENCHANT TOURS , - Opp.Party(s)

ANKUSH GUPTA

24 Aug 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                          Complaint case no.        : 125 of 2014

                                                          Date of Institution         : 14.05.2014

                                                          Date of decision             : 24.08.2017

          IVNVK Sharma, Eng Fit, Qtr No.92/2 IAF lines air force Station Ambala         Cantt.

……. Complainant.

1. M/s Enchant Tours, 1^st floor Partap Palace, 41, Indra Nagar, Seemadwar Raod, Dehradun, Uttarakhand -248006 through its Authorized Signatory Sumit Uniyal.
2. Sumit Uniyal, Authorized signatory of M/s Enchant Tours, 1^st Floor Partap Palace, 41 Indra Nagar, Seemadwar Road, Dehradun, Uttarakhand -248006

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. ANAMIKA GUPTA, MAMBER                       

 

 

Present:       Sh. Ankush Gupta, counsel for complainant.

                   OPs already exparte.

 

ORDER:

 

                   Brief facts of the complaint are that the complainant utilized the services offered by the OP and an authorized person of the OP and booked 14 seat of the complainant for a visit to Kedarnath and accordingly on the confirmation of seats the complainant deposited Rs.79,000/- on 25.03.2013 and Rs.33,200/- on 28.03.2013 in the bank account of OPs being maintained at PNB as the charges of all the person as directed by the OP and after deposited the amount in question the OP have a confirmation receipt and boarding pass were sent to the complainant. Further submitted that on 29.05.2013, the complainant along other family member reached at Gupt Kashi i.e. the point of boarding the helicopter the complainant contacted to OP on phone upon which OP informed that the helicopter was cancelled and they made their own alternate arrangement for their visit at Kedar Nath and the complainant faced a lot of in-connivance in travelling the segment from Gupta Kashi to Kedarnath and the complainant to spent lot of money to complete their journey.  Further submitted that the complainant had requested number of times to the OP to refund their money which was deposited by complainant with the OP at the time of booking the seat in helicopter but every time the OP linger on the matter on one pretext to the other and complainant. After the great effort at last on 15.07.2013, the OP sent a cheque No.370373 dated 12.08.2013 of Rs.1,16,200/- drawn at PNB Dehradun along with apologize letter dated 07.07.2013. The complainant presented the said cheque to his banker i.e. ICICI Bank Ambala, who send the same to PNB for clearance of this cheque, but the same cheque was returned with the remarks “Insufficient Funds” vide memo dated 31.08.2013 and thereafter the banker of complainant informed complainant regarding the dishonourment of the cheque with the remarks “Insufficient funds”. Thereafter, the complainant again requested to Ops but the OPs totally ignored the genuine request of the complainant and till date OP have not paid any amount to the complainant. Hence, the present complaint.

2.                Registered notice issued to Ops but none have turned up on their behalf. OP No.1 proceeded against exparte v.o.d. 04.07.2014 and OP NO.2 proceeded against exparte v.o.d. 21.09.2015.

3                 To prove his version complainant tendered his affidavit as Annexure C-1 along with documents as annexure C-2 and C-8 and close his evidence.

4.                We have heard counsel for the complainant and carefully gone through the case file.

5.                We have gone through the file, it is not disputed that the complainant has booked 14 seats for visit to the Kedarnath and deposited the amount Rs.1,12,000/- through bank account No.1556002100014070 in the bank account of the OPs No.1 and 2 and OP No.1 is given the conformation receipt and boarding pass as per Annexure C-5 in which clearly mentioned that the details of the passengers i.e. date 29.03.2013, Tour No.2013/Enchant/Dom/May29/KDR-HL-TW/14, Tour name – Guptkashi-Kedarnath-Guptkashi Helicopter flight only (overnight) and flight details i.e. Aryan, Helipad is located 02 k.m ahead to Guptkashi Town on Kedarnath road but the complainant could not avail the above said service due to cancellation of the boarding of helicopter. Due to this reason, the matter was settled between the parties and OP has issued a cheque dated 12.08.2013 amounting to Rs.1,16,200/- of PNB, Dehradoon (Annexure C-6) in favour of the complainant alongwith the covering letter (Annexure C-8) but the cheque was dishonoured due to non availability of sufficient fund in the account of the OP as per memo issued by PNB Bank Annexure C-7. In view of the above facts and circumstances, it is clear that the cheque in question was dishonoured due to non sufficient fund in the account of the OP. There is specific remedies were available with the complainant either to file the civil suit for recovered of the above said cheque amount and to file complaint under Section 138 Negotiable Instrument Act 1881 amended upto date but the complainant has not availed the above said remedies.

6.                 In view of above law and facts of the case, the present complaint is not maintainable. Hence, the present complaint is hereby dismissed with no order as to costs. The complainant is at liberty for filing of fresh complaint on same cause of action before appropriate Court/Forum. The period during which the present complaint remained pending before this Forum is exempted for the purpose of limitation in terms of the judgment of Hon’ble Supreme Court of India in case titled as Luxmi Engineering Works Vs. PSG Industrial Institute reported in 1995(3) SCC Pg.583. Assistant of the Forum is directed to hand over original documents if any to the complainant after retaining photo copies of the same on file, on proper receipt and verification. Copy be sent to the parties concerned free of costs, as per rule. File be consigned to record room after due compliance.

Announced on :24.08.2017                                  (D.N. ARORA)

                                                                                       President

 

    

           (ANAMIKA GUPTA)

                                                                                       Member