District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 014/2019.
Date of Institution:08.01.2019.
Date of Order:.27.07.2023.
Om Prakash Rawat resident of village Sotai, Tehsil Ballabgarh, District Faridabad, Haryana.
…….Complainant……..
Versus
1. M/s. Go Choppers Services Private Limited, 1113, 11th floor, Galleria Commercial Complex, DLF Phase-IV, Gurugram – 122009, through its Directors/Principal Officers/ Commercial Coordinator.
2. Mr. Pranav, Client Coordinator of:
M/s. Go Choppers Services Private Limited, 1113,11th floor, Galleria Commercial Complex, DLF Phase-IV, Gurugram – 122009.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. R.K.Bhati, counsel for the complainant.
Opposite parties Nos.1 & 2 ex-parte vide order dated 14.06.2023.
ORDER:
The facts in brief of the complaint are that there was marriage of son of complainant namely Vishal Rawat, which was solemnized on 29th April 2018 with Ms. Pooja daughter of Kr. Kiran Pal Singh Bhati. On the occasion of said marriage, the complainant engaged/booked with opposite parties an Air Craft R-66 for the purpose of Doli of complainant’s daughter-in-law from Sector-29, Faridabad to Village Sotai, Faridabad for 30.04.2018, for which the opposite parties raised a demand of Rs.2,51,000/- from the complainant as total package, because it was stated by the opposite parties that the above said Air Craft R-66 should start from District Bhiwani on 30.4.2018 and it would take one hour & twenty minutes from Bhiwani on 30.04.2018 and it would take one hour & twenty minutes from Bhiwani to Sector-29, Faridabad and thirty minutes from Faridabad to village Sotai and again one hour & twenty minutes from Sotai to Bhiwani i.e. total three hours & ten minutes and for which the opposite parties would charge Rs.65,000/- per hour i.e. Rs.2,51,000/- for total package. Between opposite parties and the complainant, the program of the flight was settled as under:
Flight program/Non Schedule
Date | From | To | ETD(Ist) | ETA(Ist) |
30.04.2018 | Bhiwani | Faridabad | 07.00 | 08:30 |
30.04.2018 | Faridabad | Sotai | 08:35 | 08:45 |
30.04.2018 | Sotai | Bhiwani | 08:50 | 09:50 |
To complete the above mentioned flight program, the opposite parties received advance payment of Rs.1,00,000/- from the complainant vide receipt dated 28.02.2018 and Rs.1,51,000/- vide receipt bearing serial NO. 5951 dated 26.04.2018. Accordingly, the Air Craft R-66 (Helicoper) was to be scheduled to arrive at Sector-29, Faridabad at 8:30 a.m. on 30.04.2018 and was to depart to Sotai at 8:35 a.m. and it was to complete was destination/flight program at village Sotai at 8:45 a.m. as mentioned above. Accordingly, for the said flight program, the complainant also took the permission for the concerned authorities, The above said Air Craft R-66(Helicopter), as per schedule arrived at Sector-29, Faridabad at about 8:10 a.m. but the pilot of the said Air Craft waited there only five minutes i.e. upto 8:15 a.m. and asked the complainant to depart to Sotai immediately. As the schedule to left Sector-29, Faridabad was 8:35 a.m. so, the complainant asked him to wait 15 minutes but he refused to stay even upto 8:30 a.m. and within a short span, the said pilot left Faridabad to Bhiwani without saying anything to the complainant or his any family member without completing his program as per schedule. Thus is was clear that the opposite parties had failed to perform their part of commitment and failed to take the Doli of daughter –in-law of complainant from Sector-29, Faridabad to village Sotai, Faridabad, resultantly, the complainant and his family members had suffered a huge loss of their reputation in the eyes of their relatives, friends and society. Beside this, as the plot of opposite parties left the place without the consent of the complainant without completing the scheduled program hence, the complainant was compelled to arrange private vehicle of the said purpose and accordingly, the complainant arranged the private vehicle for the same and for which he had to spent a huge amount of Rs.20,000/-. The complainant sent legal notice dated 08.10.2018 to the opposite parties through registered post but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the entire paid amount by the complainant i.e. Rs.2,51,000/- alongwith interest @ 24% p.a. from the date of amount paid till its realization to the complainant.
b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 33,000 /-as litigation expenses.
2. Notice issued to opposite parties Nos.1 & 2 on 02.06.2023 not received back either served or unserved. Tracking details filed in which it had been mentioned that “Item Delivery confirmed”. Case called several times since morning but none had appeared on behalf of opposite parties Nos.1 & 2. Hence, opposite parties Nos.1 & 2 had been proceeded against ex-parte vide order dated 14.06.2023.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – M/s. Go Choppers Services Private Limited with the prayer to: a) refund the entire paid amount by the complainant i.e. Rs.2,51,000/- alongwith interest @ 24% p.a. from the date of amount paid till its realization to the complainant. b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 33,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW2/A – affidavitof Vishal Rawat son of Shri Om Prakash Rawat, Ex.C-1 – marriage card, Ex.C-2 – marriage card, Ex.C-3 & 4 – payment receipts, Ex.C-5 & – permission for flight program, Ex.C-7 & 7 Doli arranged by car, Ex.C-9 – legal notice, Ex.C-10 & 11 – postal receipts, Ex.C-12 & 13 – Envelops.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2
7. Opposite parties Nos.1 & 2 jointly & severally, are directed to refund the paid amount alongwith interest @ 6% p.a. from the date of deposit till its realization. Opposite parties Nos.1 & 2 are also directed to pay Rs.11,000/- as compensation for causing mental agony & harassment alongwith Rs.11,000/- as litigation expenses to the complainant. . Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 27.07.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.