Chandigarh

DF-II

CC/40/2019

Rupinder Singh Sadhrao - Complainant(s)

Versus

M/s Holiday Triangle Travel Pvt. Ltd. - Opp.Party(s)

Raesh Gaur Adv.

08 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	40/2019
Date of Institution	:	24.01.2019
Date of Decision	:	08.04.2019

 

                                       

                                               

Rupinder Singh Sadhrao aged 52 years son of S.Sant Singh r/o Flat No.2123, Pepsu Co-operative Housing Building Society, Sector 50-C, Chandigarh.

                                ...  Complainant.

Versus

1. M/s Holiday Triangle Travel Pvt. Ltd., Corp. Office: Plot No.29, 3^rd & 4^th Floor, Dynamic House, Maruti Industrial Complex, Sector 18, Gurugram -122015, Haryana through its Managing Director.

 

2. Mr.Priyatosh, Manager, M/s Holiday Triangle Travel Pvt. Ltd., Corp. Office: Plot No.29, 3^rd & 4^th Floor, Dynamic House, Maruti Industrial Complex, Sector 18, Gurugram -122015, Haryana.

 

3. Mr.Sandeep Aggarwal, CEO M/s Holiday Triangle Travel Pvt. Ltd., Corp. Office: Plot No.29, 3^rd & 4^th Floor, Dynamic House, Maruti Industrial Complex, Sector 18, Gurugram -122015, Haryana.

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:-

                Sh.Rajesh Gaur, Advocate for the complainant

                OPs exparte.   

 

 

PER RAJAN DEWAN, PRESIDENT

1.         The case of the complainant as alleged by him is that he had a telephonic call to Mr.Priyatosh, Manager/Partner of the OP-company regarding a holiday trip to Dubai who sent quotation dated 25.12.2018 (Annexure C-1) as per which he was required to deposit Rs.1,74,000/- for a three persons holiday trip from 02.01.2019 to 06.01.2019.  On 26.12.2018, he transferred Rs.1,00,000/- to the account of the  OP-Company and deposited a sum of Rs.74,500/-  in its account. Subsequently he sent the requisite documents to the travel agent.  The complainant asked for paper visas on whatapps from the travel agent-Mr.Swaroop Darshan on 31.12.2018 and 01.01.2019 who replied that the paper visas were to be obtained by 8.00 p.m.   However, the company executive apologized for the inconvenience and assured him that e-visas were to be made available by tomorrow and she asked the complainant to reach Delhi so that there may not be any delay in trip. It has further been averred that he reached Delhi Airport on 02.01.2019 at 9.30 A.M. and the flight time was 13.35. At 11.57 A.M., the complainant received only one e-visa of his son by e-mail and the officials of the company told that they were trying to get other two visas but the same were not received till the flight. He regularly sent messages and made phone calls to the travel agent regarding the visas but to no effect and ultimately he missed the flight because of non-availability of the visas.   He asked the OP to book their tickets on the next flight. Mr.Priyutosh Manager/Partner of the OP-Company told that they were trying to get visas but were not successful in doing so.  According to the complainants, the travel agents even did not arrange any stay arrangements for 01.01.2018 in any place of Delhi and that is why, he has to arrange his own stay at Delhi. At 9.25 p.m., the complainant received the visas on his mobile.  Subsequently, the complainant booked another set of tickets for SG 11 Spice Jet at 7.45 a.m. at 03.01.2019 to Dubai for Rs.40,341/- using his own funds and travelled to Dubai.  It has further been averred that he reached Dubai on 03.01.2019 in the afternoon and missed Abu Dhabi City tour due to late arrival.  It has further been averred that all the arrangements, which were promised by the travel agents as per the agreement, were not upto mark and even they failed to provide the promised services. It has further been averred that he sent many messages to the travel agents but no satisfactory response was received. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Notices sent to the OPs were received back with the report of refusal. Since refusal was good service, and none appeared on behalf of the OPs on the date fixed, therefore vide order dated 07.03.2019, they were proceeded against exparte. 
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In his evidence, the complainant has tendered into evidence his detailed affidavit in support of the averments made in the complaint along with the documents mentioned in the complaint.   The complainant has availed the services of the OPs for the holiday trip to Dubai from 02.01.2019 to 06.01.2019 and paid Rs.1,74,000/- for the said purpose. The complainant has specifically deposed that the OPs were to arrange three e-visas for the flight which was scheduled to be depart on 02.01.2019 at 13.35 but they have failed to arrange the e-visas on time due to which he has to mix the flight for 02.01.2019 and has to book another tickets for 03.01.2019 by incurring a sum of Rs.40,341/-. Besides this, the OPs have failed to make stay arrangements for the complainant and his family members for night of 01.01.2018 due to which he has to make own stay arrangements at Delhi.   In addition to this, the complainant has specifically deposed in his affidavit that the arrangements made by the OPs were not upto the mark as promised in the agreement. 
5.         It is apt to mention here that all the averments made in the complaint have gone un-rebutted and uncontroverted as the OPs have failed to contest the case despite due service. It is, thus, established beyond all reasonable doubt that the complaint of the Complainant is genuine.  The OPs have failed to provide the promised services, resulting into immense, mental and physical harassment to him.   Thus, finding a definite deficiency in service on the part of the OPs, we have no other alternative, but to allow the present complaint. Since the complainant has availed the trip and, therefore, he is entitled to refund of the package amount as prayed for. However, he is entitled the extra cost of the tickets purchased by him and the compensation on account of the mental agony and harassment suffered by him and his family members on this count.
6.         In view of the above discussion, the present complaint deserves to be allowed against the OPs and the same is accordingly allowed. The OPs are directed as under:-

[i]            To pay Rs.40,341/- the extra cost of the tickets purchased by the complainant from Delhi to Dubai.

[ii]            To pay Rs.15,000/- as compensation for mental agony & physical harassment suffered by the complainant and his family members;

 [iii]          To pay Rs.7,500/- as costs of litigation.

7.         This order be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No. (i) and (ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides litigation costs.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08/04/2019

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER