ORDER

SH. RAKESH KAPOOR, PRESIDENT

          The complainant had booked a trip for three people with the
OP and had paid a sum of Rs. 1,55,000/- as an advance.   The package
booked with the respondent included  Stay in Delux Room of Majestic
Hotel Tower , Burj, Dubai and also included breakfast and half day
city tour.  An extra amount of Rs. 23265/- was charged on account of
New Year package.    When the complainant and his companions arrived
in Dubai, it was found that  their  stay had been arranged not in
majestic hotel tower, Burj, Dubai but in a hotel known as Royal Escort
which was a substandard and inferior hotel in terms of quality ,
location , services and other facilities.  The complainant also found
that the reservation voucher given to him by the OP was fake and
forged.   They were not provided with the breakfast and the half day
city tour as was promised in the package.  As a result of this , the
complainant and his companions suffered huge mental harassment and
humiliation   They were constrained to  prepone the return ticket for
which they had to pay an additional amount of Rs. 14,000/-.  The
complainant has alleged that the entire tour undertaken by them was
spoiled by the act of the Ops . Hence, the complaint.

     The Ops have filed a written statement. They have denied any
deficiency in service on their part and have claimed that the
complaint is liable to be dismissed.

Paras 2, 3 and 4,5 and 6 of the preliminary submissions of the written
statement are relevant and have been reproduced as under:

2.It is submitted that the Complainant has taken the Respondent's
services for travelling to Dubai and it is an admitted fact that
Respondent in the said travelling itinerary has to arrange hotel
Majestic, Tower Burj, Dubai, which is four star hotel for stay of
Complainant and the Complainant has agreed to the same. That
Respondent had assured the Complainant that the availability of the
said hotel will depend on the situation and at the time when
Complainant will reach Dubai. It is also pertinent to mention that
itinerary provided by the Respondent contains a condition clause which
clearly motions that all the bookings are subject to confirmation.

3.   It is submitted that the Respondent offered its best it could but
due to some unavoidable circumstances in Dubai, the room in Majestic
Hotel was not available at the time of Complainant's arrival in Dubai
and Respondent asked the Complainant to wait for some time as the
hotel staff would take some time to make the room available in the
same hotel. In the meanwhile, Respondent proposed the Complainant that
if he wants he can stay in a hotel named Royal Ascot which is nearby
to hotel Majestic and stay in a suite room instead of the normal room,
the Complainant accepted the same and only on the approval of the
Complainant he happily agreed to stay in the Royal Ascot hotel which
is a four star premium hotel unlike Hotel Majestic which is four star
hotel.

4.It is submitted that the Complainant has chosen to stay
in hotel Royal Ascot and to the surprise of the Respondent, the
Complainant refused to take the city tour offered by Respondent as per
promise and in return the Complainant said that he has decided not to
take the city tour of and instead he would like to enjoy the city on
his own as the Complainant has many known people in Dubai. That the
Complainant was very happy with the services provided by the
Respondent to the extent that he offered tip to the tour manager and
told that he should not worry about the stay of the Complainant in
Dubai as the same is very comfortable and pleasurable. That the
Complainant was very happy after chosing Hotel Royal Ascot instead of
hotel Majestic.

5.It is submitted that the Respondent considered it necessary not to
disturb the Complainant as the Complainant had already made up his
mind to enjoy his tour on his own, therefore, the tour manager of the
Respondent decided to depart himself from the Complainant on the
instructions of the Complainant.

6.It is submitted that Respondent has never received any
Complaint about the hotel or any other facility that was chosen by the
Complainant in Dubai. That the Respondent has filed the present
complaint for unjust enrichment and with ulterior motive.



         The Ops have denied the averments made in the complaint and
have reiterated the averments made in the preliminary submissions as
reproduced above. The OPs have prayed for the dismissal of the
complaint.

         The complainant has filed his own affidavit dated 20.8.2015
in support of the complaint  and has corroborated the contents of the
same.   Despite several opportunities, the Ops  did not file their
evidence and in fact were ordered to be  proceeded with ex-parte as
they  chose not to take  any further part in the proceedings.

       We have heard arguments advanced at the bar and have perused the record.

    It is the admitted case of the parties that the complainant had
booked a package tour for Dubai with the OPs and had paid a sum of Rs.
1,55,000/- in advance.   The written statement  filed on record bears
out the allegations of the complainant  that it had been agreed
between the parties that the complainant’s stay will be arranged in
hotel majestic Tower Burj Dubai which is a four star hotel.  It is
also admitted that the  package also included breakfast and half day
city tour. The complainant has filed his  own affidavit wherein  he
has deposed on oath that the reservation voucher supplied to him for
his reservation in hotel majestic was found to be fake and fabricated.
He has further deposed that they were made to stay in a lowly rated
hotel which was not  of the standard of Majestic  Hotel Tower Burj in
terms of quality, location, rooms, services and other facilities.
The complainant has further deposed that the package included
breakfast and city tour which was also not provided to him.   As
already stated , the Ops did not lead any evidence in support of their
defence. The averments made in the written statement  have ,therefore,
remained unsubstantiated.  On the other hand the affidavit filed by
the complainant along with the documents placed on record confirms the
story put forth by the complainant.   We are, therefore, convinced
that the OPs were guilty of deficiency in service towards the
complainant. The OPs did not  provide for the stay of complainant in
majestic hotel tower Burj as  was agreed to ; rather the complainant
was made to stay in a lowerly rated hotel. The complainant was not
provided with the amenity of breakfast and half day city tour which
was included in the package.    The complainant had thus suffered huge
embarrassment and humiliation. In the facts and circumstances of the
case we direct the OP as under:-

1.  Pay to the complainant a sum of Rs. 1,55,000/- along with interest
 @ 10% p.a. from the date of filing of this complaint i.e. 30.5.2014
till payment.

2.  Pay to the complainant a sum of Rs. 25,000/- as compensation for
pain and agony suffered by him.

3.  Pay to the complainant a sum of Rs. 5,000/- as cost of litigation.



The OP shall pay this amount within a period of 30 days from the date
of this order failing which they shall be liable to pay interest on
the entire awarded amount @ 10% per annum.  IF the OP company fails to
comply with this order, the complainant may approach this Forum for
execution of the order under Section 25/27 of the Consumer Protection
Act.



     Copy of the order be made available to the parties as per rule.

  Files be consigned to record room.

Announced in open sitting of the Forum on.....................