BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.464 of 2019
Date of Instt. 30.09.2019
Date of Decision: 02.12.2022
Gourav Kaushal aged about 29 years S/o Pardip Kumar R/o V. P. O. Rurka Kalan, Patti Rawal Ki, Tehsil Phillaur, District Jalandhar.
..........Complainant
Versus
1. M/s Oravel Stays Pvt. Ltd. (Oyo rooms), 10th Floor, Spaze Palazo Sector 69, Southam Peripl Gurgaon.
2. Managing Director M/s Oravel Stays Pvt. Ltd. (Oyo rooms), 10th Floor, Spaze Palazo Sector 69, Southam Peripl Gurgaon.
3. Sales Manager M/s Oravel Stays Pvt. Ltd. (Oyo rooms), 10th Floor, Spaze Palazo Sector 69, Southam Peripl Gurgaon.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Smt. Leena Sehgal, Adv. Counsel for the Complainant.
OPs No.1 to 3 exparte.
Order
Dr. Harveen Bhardwaj (President)
1. This complaint has been filed by the complainant, wherein alleged that a deal was stuck between the OPs and the complainant wherein the OPs agreed with the complainant to provide package for honeymoon tour to Bali, Island, starting from 04.03.2019 to 09.03.2019 which includes a description in Itinerary. In the agreement/deal/package schedule of tour on every particular date and activity was mentioned as under:-
a) Dated: 04.03.2019 Pickup from international airport and drop to Uppala Villa.
b) Dated: 05.03.2019 Full Kintanamani & Ubud Tour.
c) Dated: 06.03.2019 Transfer hotel to best western.
d) Dated: 07.03.2019 Free Programs.
e) Dated: 08.03.2019 Sunset Dinner Cruised by Bounty.
f) Dated: 09.03.2019 Transfer to International Airport.
The complainant confirmed the schedule regarding 7th March 2019 as to what is the meaning of free program where the opposite parties replied that free program means the opposite parties can go anywhere of their choice with their own expenses. Believing the words of opposite parties and accepting the deal, the complainant deposited the package amount on different dates as per the direction of opposite parties and ultimately reached at Bali. Island, International Airport along with his newly wedded wife Krishma Sharma. It is worth adding that the marriage of the complainant with said Krishma Sharma took place on 23-02-2019 and he booked this package for Bali, Island for honeymoon purpose and these were very precious moment for the complainant as well as for his wife and they wanted to enjoy every minute of that tour. It was very short visit of 5 nights, 6 days and the complainant as well as his wife was very excited to enjoy the package and was satisfied with the schedule mentioned in the package by the opposite parties. But after two days of their stay at Bali, Island, it came to their knowledge on 6h March 2019 that second half of that day was to remain closed due to the preparation of Silence day which was actually to be celebrated on 7 March 2019. It was shocking for the complainant as well as for his wife when the complainant and his wife had to remain confined in the hotel room from 3:00PM onwards on 6h March 2019 and also the whole day on 7 March 2019 till 6:00AM of 8th March 2019, there was no movement on roads on 7h March 2019. Even the main gate of hotel remained closed for all people including the complainant and his wife and they remained confined in their four walls of hotel room i.e. on 7 March 2019. On that day the wife of the complainant was sick, but no medicine was providing to her and even dinner was not provided to them. Thus, complete one and half day out of the already short holidays of the complainant was wasted. Surprisingly enough the opposite parties did not mention in schedule regarding the Silence day and regarding the preparation day referred above. Had it been intimated to the complainant by the opposite parties he could have postponed the package to some other dates. The complainant spent this boredom time for one and a half day, which caused lot of harassment, tension, hardship, embarrassment, loss of work as the complainant is an advocate by profession and his wife is charted accountant by profession. The opposite parties intentionally concealed regarding the silence day falling on 7 March 2019 from the complainant though the opposite parties were in the pre intimation about the Silence day. The opposite parties were duty bound to intimate to the complainant about it and therefore, the opposite parties are liable to pay damages and compensation to the complainant worth Rs.4,00,000- at least. After his return to India the complainant requested the opposite parties to pay the above said compensation to him 3-4 times on telephone, but the opposite parties failed to pay this amount to the complainant so far. The opposite parties final reply in this regard was received by the complainant through telephone on 11-3-2019 at Village Rurka Kalan, Tehsil Phillaur. District Jalandhar, which was duly recorded by the complainant for his record. The complainant also served a legal notice dated 13.05.2019 upon the opposite parties, but despite the service of the legal notice, the opposite parties failed to reply the said notice. However, the complainant and his wife experience with the opposite party was extremely bad of pain, agony, negligence unprofessional. The picture was directly in contrast to what they projected originally which amounts to unfair trade practice. The opposite party gave wrong information, this wrong information of the opposite party the hotel's let to great discomfort, harassment and insulted for no negligence on the part of the complainant. The complainant and his wife have suffered a lot on account of negligence and deficiency on the part of opposite party and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.1,25,000/- loss of money spent on total holiday of five days expenses and it amount to Rs.62,500/- for the loss of one and half day for each person and thus Rs.1,25,000/- for both of the complainant and his wife. Further, OPs be directed to pay Rs.2,00,000/- as compensation for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service all the OPs failed to appear and ultimately, all the OPs were proceeded against exparte.
3. In order to prove his respective version, the complainant has produced on the file his respective evidence.
4. We bestowed our thoughtful consideration to the submissions made by learned counsel for the complainant and also gone through the written arguments submitted by learned counsel for the complainant as well as case file very minutely.
5. The complainant has availed the package for honeymoon tour to Bali, Island starting from 04.03.2019 to 09.03.2019 which was supported by a description in Itinerary. In itinerary, the schedule of tour on every particular date and activity was mentioned. Copy of Itinerary and payment details and account statement has been proved as Ex.C-3 & Ex.C-4. The complainant has alleged that on 6th March, 2019 till 06:00 AM of 8th March, 2019, everything was closed and the complainant and his wife had to remain confined in the hotel room from 03:00 PM onwards on 06.03.2019 till 06:00 AM of 8th March, 2019 due to the preparation and celebration of ‘Silence Day’. The complainant has also proved on record the copy of legal notice Ex.C-6 and copy of Aadhar Card Ex.C-1 and Ex.C-2 is ID Card of the complainant.
6. From the documents i.e. the Bali Itinerary, the day to day and time to time schedule is mentioned. The schedule of 6th March, 2019 nowhere shows that the roads, airports and everything will remain closed on 6th March, 2019. Similarly, on 7th March, 2019 nothing is mentioned regarding the Silence Day and closure of the roads and activities, the same is with 8th March 2019. No time is mentioned in the schedule of all these three days.
7. ‘Day of Silence’ is celebrated in Bali, this is called Balinese ‘Day of Silence’ or Nyepi. It is observed as the new year of Saka Calender by all Balinese. On this day, entire Island is completely shut down to the extent that airports are also closed and no flights are allowed in or out of the Island. Since, this day is celebrated every year at national level in Bali, therefore the OPs are supposed to be in knowledge of all these activities and celebrations as they are agents for arranging the packages and it is their responsibility to bring these facts to the knowledge of the consumers, so that the consumers may make programme according to their requirement. The OPs have neither mentioned these facts in the Itinerary nor informed the complainant about the ‘silence day’ and closure of the roads, flights and other activities on these days. This has caused mental harassment to the complainant. This is clear cut deficiency in service as well as unfair trade practice on the part of the OPs and they are negligent also. The complainant has availed the package and enjoyed for three days uninterruptedly. Thus there is no loss of money to the complainant.
8. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to pay a compensation including litigation expenses of Rs.10,000/- to the complainant for causing mental agony and harassment. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
02.12.2022 Member Member President
