DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Complaint Case No : CC/117/2019

Date of Institution : 29.08.2019

Date of Decision : 09.12.2019

M/s B.R. Cage Industries-Tapa through its Prop. Raghvir Chand s/o Sh. Paras Ram resident of Street No. 7, School Road, Tapa, District Barnala. …Complainant

Versus

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

…Opposite Party

Complaint Under the Consumer Protection Act, 1986

Present: Sh. RK Singla counsel for the complainant.

Opposite party exparte.

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

3. Smt. Manisha : Member

(ORDER BY KULJIT SINGH, PRESIDENT):

    The complainant namely M/s BR Cage Industries Tapa through its Proprietor has filed the present complaint under the Consumer Protection Act (hereinafter referred as Act) against M/s More Than Travel Private Limited, Gurugram, Haryana. (hereinafter referred as  opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that he is Proprietor of BR Cage Industries, Tapa and opposite party called him at Tapa and told that the opposite party launched a scheme for businessmen named as Special Travel Package for Agrama Bern 2018, Sweetzerland. 

3. It is further alleged that opposite party told that as per that scheme there is package of 9 nights 10 days to Switzerland and its included all traveling expenses from Delhi to Switzerland and back and sightseeing , living and eating in hotels at Switzerland and copy of details of tour was also supplied to the complainant. It is submitted that as per package the complainant has to give 1400 Euro to the opposite party as full and final payment for this package which included Rs. 7,500/- as Embassy Fee. The opposite party demanded Rs. 50,000/- in advance and complainant transfered the amount of Rs. 50,005.90 in the account of the opposite party on 15.10.2018 from his account in SBI, Tapa. After some days he got a message from opposite party to go to Switzerland Embassy and deposit a sum of Rs. 7,500/- as Embassy fee which will be adjusted in the package payment. Further, OP told the complainant to just visit the embassy and opposite party will arrange the visa through his links. But after that the complainant was informed that no visa has been granted to him. The complainant approached the opposite party for visa but they did not give any reply. Then, complainant asked for the refund of Rs. 57,505.90 but the opposite party only refunded the amount of Rs. 20,500/- on 21.1.2019. The complainant approached the opposite party many time for the refund of remaining amount of Rs. 37,005.90 but they refused to refund the same, which is deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party may be directed to refund the amount of Rs. 37,005.90 alongwith interest at the rate of 18% per annum from the date of payment i.e. 15.10.2018 till realization.      

2) To pay amount of Rs. 1,00,000/- as compensation for mental agony and harassment.   

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

4) Any other relief this Forum deems fit and proper.  

4. The opposite party not appeared before this Forum despite service through RC, so the opposite party was proceeded against exparte vide order dated 19.11.2019.  

5. In support of his complaint, the complainant tendered into evidence affidavit of complainant Raghvir Chand Proprietor Ex.C-1, copy of package details Ex.C-2, copy of bank details Ex.C-3, copy of details of booking Ex.C-4 and closed the evidence. 

6. We have heard the learned counsel for the complainant and have gone through the record on the file.

7. The main grievance of the complainant in the present complaint is that the opposite party not refunded the amount of Rs. 37,005/- which was taken by them for the tour to Switzerland but failed to arrange visa for the complainant. Firstly, to prove that the opposite party offered a tour of Switzerland to the complainant the complainant tendered in evidence copy of Package details of More Than Travel opposite paty Ex.C-2 in which details of all the tour programmed has been mentioned in which it is mentioned that for booking this tour Rs. 50,000/- was the advance payment per person. To prove the payment of Rs. 50,000/- the complainant tendered in evidence copy of statement of account of his bank account Ex.C-3 vide which it is proved on the file that on 15.10.2018 the complainant paid the amount of Rs. 50,005.90 to the opposite party More Than Travel through NEFT vide cheque No. 593180, in this way he has proved the payment of Rs. 50,005/- to the opposite party on the file. Further, from this statement Ex.C-3 it is also proved on the file that on 21.1.2019 the opposite party transferred the amount of Rs. 20,500/- in the account of the complainant as the visa has not been granted to him. From Ex.C-4 it is also proved on the file that the name of the complainant also mentioned in the list of persons who have booked this tour from the opposite party and in this document also it is mentioned that payment was made on 15.10.2018 through SBI Bank. The complainant also sought for Rs. 7,500/- which allegedly paid by him to the opposite party on account of embassy fee but he has failed to file any document to prove this payment of Rs. 7,500/- to the opposite party, so we cannot consider this amount to be paid by the complainant to the opposite party.  

8. On the other hand, the opposite party has not dared to appear  before this Forum to rebut these allegations of the complainant and intentionally preferred to remain exparte, which proved that they have nothing to say against the allegations of the complainant and indirectly admitted the claim of the complainant whereas the complainant proved his case beyond any doubt by way of tendering cogent, convincing and reliable evidence on the file. So, in view of the submissions made in the affidavit Ex.C-1 and evidence tendered by the complainant it is proved on the file that the opposite party is deficient in providing service to the complainant and act of the opposite parties is clear cut unfair trade practice and deficiency in service on their part by not refunding the balance amount of Rs. 29,505/- to the complainant on account of cancellation of his tour to Switzerland.

9. As a result of the above discussion present complaint is partly allowed and opposite party is directed to refund the amount of Rs. 29,505/- to the complainant alongwith interest at the rate of 6% per annum from the date of filing the present complaint till actual realization. The opposite party is further directed to pay Rs. 3,000/- to the complainant as consolidated amount of compensation for mental tension, harassment and litigation expenses. Compliance of the order be made within the period of 30 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 FORUM:

  9th Day of December 2019

 

 

            (Kuljit Singh)

            President

 

            (Tejinder Singh Bhangu)

Member

 

(Manisha)

Member