DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/389/2020

Date of Institution : 10.12.2020

Date of Decision : 17.02.2022

Vijay Kumar son of Sh. Ram Sarup Prop. M/s Shiva Poultry Equipments, Pharwahi Road, Barnala, resident of Street No. 1, Lakhi Colony, Barnala  District Barnala. …Complainant

Versus

M/s More Than Travel Private Limited, Plot No. 4, Street No. K-11, Vatika India Next, Sector-83, Gurugram-122004 (Gurgaon), Haryana through its Managing Director. …Opposite Party

Complaint under Section 35 of the Consumer Protection Act, 2019

Present: Sh. RK Singla Adv counsel for complainant.

Sh. Gagandeep Garg Adv counsel for opposite party.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The complainant Vijay Kumar filed the present complaint under Section 35 of the Consumer Protection Act 2019 against More Than Travel Private Limited, Gurugram. (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that the opposite party called the complainant that he has launched a scheme for businessmen named as Special Travel Package for Agrama Bern 2018, Switzerland. They told that as per said scheme there is a package of nine nights ten days to Switzerland and scheme included all traveling expenses from Delhi to Switzerland and back and sight seen etc. living and eating in hotels at Switzerland and copy of details of tour was also supplied to the complainant. As per package the complainant has to give 1400 Euro to the opposite party as full and final payment which included the Embassy fee. On assurance the complainant transferred an amount of Rs. 50,000/- in the account of opposite party on 15.10.2018 from his account in SBI Barnala. The complainant supplied all the documents to the opposite party as demanded by them and after this the opposite party told the complainant that his visa will be arranged by the opposite party. 

3. It is further alleged that in the first week of January 2019 the opposite party called the complainant and told that the opposite party unable to arrange the visa and cannot take the complainant on the said tour. The opposite party told the complainant that the opposite party return Rs. 50,000/- to the complainant and on 16.1.2019 the opposite party transferred Rs. 20,500/- through NEFT in the account of the complainant and promised to return remaining amount of Rs. 30,000/- within two months. Thereafter, the complainant approached the opposite party many a times to refund the remaining amount but they avoided the complainant and on 15.9.2020 flatly refused to refund the amount, which amount to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party may be directed to refund the amount of Rs. 29,500/- with interest at the rate of 18% per annum from the date of deposit i.e. 15.10.2018 till realization. 

2) To pay Rs. 50,000/- on account of compensation for mental agony and harassment. 

3) To pay Rs. 11,000/- as litigation expenses.  

4) Any other fit relief may also be given. 

4. The opposite party filed written reply taking preliminary objections on the grounds that the present complaint is hopelessly time barred and tour was booked for commercial purpose i.e. Agreme Exhibition in Bern, Switzerland so complaint complaint is not maintainable. Further, this Commission has no territorial jurisdiction to try the present complaint because as per memo of undertaking only Gurugram Court has competent to entertain the present complaint. The complainant booked the tour through Sangrur District Industrial Chamber (SDIC) but complainant has not impleaded the said SDIC as party so complaint is bad for non joinder of necessary party. Further, complainant has no cause of action to file the present complaint and he has not come to this Commission with clean hands. Further, complainant has no locus standi to file the present complaint. 

5. On merits, it is submitted that the opposite party customized a business tour packed on request of SDIC who approached them to plan group tour of their members to Agrema Exhibition, 2018 in Bern, Switzerland. It is not denied that the complainant deposited the amount of Rs. 50,000/- with the opposite party. It is submitted that there was no term and condition in the MOU that the opposite party will arrange the visa for the complainant rather the complainant is bound to arrange the visa. As per terms and conditions the complainant has to deposit Rs. 50,000/- at the time of booking and 50% of the tour cost before applying the visa and full and final payment was to be deposited before 10 days to the departure but except Rs. 50,000/- the complainant has not deposited further amounts. Further, as per terms and conditions if due to some reason the complainant cannot avail the package the cancellation charges applicable and non refundable deposit of Rs. 35,000/- per person. It is admitted that the opposite party transferred the amount of Rs. 20,500/- to the account of the complainant. The complainant failed to arrange visa so the tour package was cancelled and as per terms and conditions the opposite party transferred the amount of Rs. 20,500/- in the account of the complainant as full and final settlement, whereas the opposite party legally entitled to deduct the amount of Rs. 35,000/-. The complainant never approached the opposite party to refund the amount of Rs. 30,000/- nor he has any legal right for refund of the same. Rest of the paras of the complaint are denied by the opposite party and lastly prayed for the dismissal of the present complaint with special costs. 

6. In support of his complaint, the complainant tendered into evidence his own affidavit Ex.C-1, copy of scheme Ex.C-2, copy of statement of account Ex.C-3 and Ex.C-4, list of consumers Ex.C-5 and closed the evidence.

7. To rebut the case of the complainant, the opposite party  tendered in evidence affidavit of Sandeep Rana Ex.OP-1, copy of memorandum Ex.OP-2, copy of visa rejection Ex.OP-3, copy of email conversation Ex.OP-4, copy of ticket amount Ex.OP-5, copy of complainant's Air ticket dated 24.10.2018 Ex.OP-6, copy of complainant insurance Ex.OP-7, copy of complainant's Exhibition ticket dated 3.12.2018 Ex.OP-8, copy of invoice Ex.OP-9, copy of visa fee guideliesn Ex.OP-10, copy of certificate of incorporation Ex.OP-11, copy of director sheet Ex.OP-12 closed the evidence.  

8. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments also filed by the opposite party.   

9. The opposite party admitted in their written version that the complainant has deposited Rs. 50,000/- as per terms and conditions but he failed to deposit the remaining amount. It is further alleged by the opposite party that as per terms and conditions if due to some unforeseen circumstances the complainant cannot avail the package the cancellation charges applicable and non refundable deposit of Rs. 35,000/- per person. The opposite party alleged in the written version that the opposite party transferred the amount of Rs. 20,500/- in the account of the complainant as full and final settlement whereas the opposite party legally entitled to deduct the amount of Rs. 35,000/-. 

10. It is admitted case of the complainant that he purchased the alleged tour package from the opposite party. The complainant produced the package details Ex.C-2 and it is cleared from Ex.C-3 copy of statement of account vide which the complainant paid the amount of Rs. 50,005.90 to the opposite party More Than Travel Private Limited. The complainant alleged in the complaint that the complainant visa will be arranged by the opposite party. The complainant further alleged that in the first week of January 2019 the opposite party called the complainant and told that the opposite party unable to arrange the visa and cannot take the complainant on the said tour. The opposite party denied this fact but the opposite party produced Ex.OP-2 in which asper Annexure-D “Travel Documents and Visa” it is mentioned that in order for passengers to undertake international travels it is mandatory to hold valid passport with minimum of 6 months valid from the date of return to India. It is further mentioned in the said annexure that it is mandatory to have the visa applicable made to the concerned consulates/authorities through the company. It is clear from the documents produced by the opposite party that visa will be applied through the opposite party. As per version of the opposite party that no refund will be provided to any per as per terms and conditions despite that the opposite party transferred the amount of Rs. 20,500/- in the account of the complainant, from which it is established that the opposite party withheld the remaining amount without assigning any valid reasons. The complainant alleged that the said amount was deposited by the opposite party and remaining amount of Rs. 29,500/- was not paid by the opposite party. The amount of Rs. 20,500/- was transferred in the account of the complainant as visa has not been granted to him by the opposite party and by not paying the remaining amount is deficiency in service and unfair trade practice on the part of the opposite party. 

11. In view of the above discussion, the complaint is partly allowed and the opposite party is directed to refund the amount of Rs. 29,500/- to the complainant alongwith interest at the rate of 7% per annum from the date of filing of present complaint till actual realization. The opposite party is also directed to pay Rs. 3,300/- as consolidated amount of compensation for mental tension, harassment and litigation expenses.  Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

        17th Day of February 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member