Haryana

Ambala

CC/19/2020

Jasbir Singh - Complainant(s)

Versus

M/s Shaan World - Opp.Party(s)

Dev Batra

09 Sep 2021

ORDER

                            BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no.         :    19 of 2020

                                                                      Date of Institution           :    08.01.2020

                                                                      Date of decision     :   09.09.2021.

 

1.       Jasbir Singh son of Shri Balwant Singh, resident of H.No.387, Sector-01, Jail Land, Ambala City

2.       Indu Gupta wife of Jasbir Singh, resident of H.No.387, Sector 01, Jail Land, Ambala City.

……. Complainants.

 

1.       M/s Shaan World Travels, Through Shri Shailendra Mishra & Smt. Anju Garg, 202, IInd Floor, Nirmal Tower, 26, Barakhamba Road, New Delhi-11001.

2.       Lion Ravi Mehra son of Shri Madan Lal Mehra, District Governor, 321-A2 (2018-19), R/o House No.173, Sector 01, Jail Land, HUDA, Ambala City.

 

                                                                    ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Dev Batra, Advocate, counsel for the complainant.

OPs proceeded against ex parte vide order dated 02.04.2021.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund Rs.2,13,000/- alongwith interest @ 18% p.a till payment is made.
2. To pay Rs.2,50,000/- as compensation for the mental agony, physical harassment and unbearable pain suffered by the complainant.
3. To pay Rs.11,000/- as litigation expenses.
382.  

                   Any other relief which this Hon’ble Commission may deem fit.

 

                   Brief facts of the case are that the complainant No.1 is the member of Lion Club, Ambala City, Supreme since 2002. The said club is part of Lions Club International (a social service of World Organization having its branches in more than 200 countries). Every year conventions are held in different parts of the world and thousands of lion members of the different clubs across the world, attend this mega event to know the different project being organized by the said clubs, which is the need of the society. The main object of the organization is to serve the needy people across the world. The symbol of our organization is “WE SERVE”. Complainant No.2 is wife of complainant No.1. OP No.2 is the District Governor (2018-19) of District and has planned to visit USA to attend international convention which was to be held in the year 2018-19 in Los Vegas (USA). OP No.2 was to take oath as a District Governor alongwith other District Governors in the International Convention which was scheduled to be held in the year 2018-19 and it was a pride moment for all the members of Lions club Ambala City Supreme, to be a part of this ceremony. In the month of December, 2017, a region conference meeting was held at Orion Banquets, Ambala City, where representatives of OP No.1 had installed their stall and motivated the members to participate in International Convention, which was scheduled to be held in USA. Complainant No.1 and his wife were also persuaded by the OPs to make a plan to visit USA. On their persuasion, complainants agreed to plan to visit USA. By moving ahead in the process to apply for visa, complainant gave requisite papers to the OP No.1.  In month of January 2018, complainant No.1 visited the house of the OP No.2, there the OP No.1 told him to pay the token money for processing their tour/visa etc. On 24.01.2018, Complainant No.1, paid Rs.56,500/- from his account maintained with HDFC Bank. The complainant No.2 also paid Rs.56,500/- on 24.01.2018, from his account maintained with Syndicate Bank. Thereafter again in month of June 2018, as the time of tour was approaching near, OP No.2 gave message to make further payment for the purpose of bookings etc. On 06.06.2018 complainants paid a sum of Rs.50,000/- in cash to the OP no.1 through OP No.2 in cash at the shop of Shri Ravi Mehra at Ambala City and also transferred Rs.50,000/-, through RTGS, to the OP No.1, from the account of the complainant No.2 maintained with Syndicate Bank. The complainants paid the entire amount on 21.06.2018, for confirmation of the  booking etc. & in case the entire payment is not made the bookings will not be made. The date of tour was finalized from 26.06.2018 to 09.07.2018. Complainant made all preparations for this tour, but unfortunately the father of complainant No.1 & father-in-law of complainant No.2, had a paralytic attack on 20.06.2018 and was got admitted in Aggarsain Hospital of Dr. Pankaj Garg. In the late night CT scan was also done in Narain Hospital and complainants disclosed about their tour programme to the doctors, who advised them to cancel the trip, keeping in view the serious condition of the father of the complainant No.1. Accordingly, complainant No.1, at 12:13 AM on 21.06.2018 conveyed this message to Mrs. Anju Garg through Whatsapp, who is the one of the organizer of the trip of the tour and also through telephone, mail etc to all concerned including both OPs regarding the decision to quit from the aforesaid tour, due to unavoidable circumstances. On the next morning another C.T. scan was done at Chandigarh and on seeing the seriousness of illness which was detected in the CT scan complainant got his father admitted in Mayo Hospital, Mohali (Pb.) on 21.06.2018. Complainant also discussed the tour programme with the attending Doctors alongwith other family members and finally it was decided that it was not advisable to join the trip and accordingly, it was decided to cancel the tour programme and cancellation of the tour programme was conveyed to both the OPs by complainant No.1, in advance.  It is further stated that the father of complainant no.1 was discharged from the Hospital on 23.06.2018 in the evening and reached Ambala City, but after two hours again their father had with another paralytic attack and had to again rush to Mayo Hospital, Mohali (Pb.) on the same night. Finally, father of complainant was discharged from the said hospital on 30.06.2018 and due to two successive attacks father of complainant No.1, lost his memory and speech. The veins which control memory and speech got badly damaged and still he is in same condition. Complainant No.1 requested both the OPs to refund a sum of Rs.2,13,000/- deposited by complainant’s with them, complainant alongwith OP No.2 visited the office of OP No.1 and requested to refund the money.   The tour programme was cancelled due to unavoidable circumstances, but the OPs did not refund the amount paid by the complainant, which amounts to deficiency in service. Hence, the present complaint.

2.                 Upon notice, OP No.1 appeared through its authorized signatory and requested a date for filing written version. Shri D.S. Sandhu, Advocate appeared on behalf of OP No.2 by filing memo of appearance and requested a date for filing power of attorney and written version.  Thereafter, none appeared on behalf of OPs No.1 and 2 and due to non-appearance, the OPs No.1 and 2, were proceeded against ex-parte, vide order dated 02.04.2021.

3.                Counsel for the complainant tendered affidavit of complainant No.1 as Annexure CA along with documents as Annexure C-1 to C-14 and closed the evidence on behalf of complainant.

4.                 We have heard the learned counsel for the complainant carefully gone through the case file.

5.                From the passbook, Annexure C-1, it is evident that on 24.01.2018, Smt Indu Gupta i.e. complainant No.2 paid Rs.56,500/- and on 06.06.2018, paid Rs.50,000/-, i.e in total (Rs.56,500/-+Rs.50,000/- =Rs.1,06,500/-) , to the OP No.1. From the invoice dated 30.05.2018, annexed alongwith the Annexure C-2, it is evident that complainant No.1 had paid Rs.1,06,500/-, to the OP No.1. From the aforesaid documents, it is clear that the complainants had paid total amount of Rs.2,13,000/- to the OP No.1. From the medical record, Annexure C-6 to C-8, it is evident that the father of the complainant No.1 Shri Balwant Singh had a paralytic attack and was hospitalized from 20.06.2021 to 23.06.2021. On perusal of whatsapp messages and e-mail dated 21.06.2018, Annexure C-3 to C-5, it is revealed that complainants duly informed the OP No.1 that their father had a paralytic attack and was hospitalized. The doctors advised the complainants to cancel the trip, accordingly, they requested the OP No.1, to cancel the booking.        The complainant has contended that, in order to attend the Lions Club International convention, which was to be held in the year 2018-19 in Los Vegas (USA), they paid Rs.2,13,000/-,for booking etc., for the period from 26.06.2018 to 09.07.2018, to the OP No.1. However, the father of the complainant No.1 and father-in-law of the complainant No.2, had a paralytic attack on 20.06.2018 and he remained in the hospital till 23.06.2018. Under these compelling circumstances, the complainants have to cancel their tour of USA. Complainant No.1, informed the OPs, on 21.06.2018, about the same and requested for refund of the amount paid by them, but they did not refund the said amount.  The contentions of the complainants went un-rebutted as the OPs inspite of service of the notice have preferred not to appear before this Commission. Meaning thereby, Ops have nothing to say in their defence, and thus, we have no other option, except to believe the version of the complainants, which is duly supported by their affidavits and other supporting documents. Since, the complainants had cancelled their tour programme, under the compelling circumstances and they had informed the complainants well in time, therefore, we are of the considered view that the OP No.1, by not refunding the amount of Rs.2,13,000/-, to the complainants, has committed deficiency in service. The OP No.1 is thus not only liable to refund the amount of Rs.2,13,000/- alongwith interest but is also liable to compensate the complainants for the mental agony and physical harassment suffered by them along with litigation expenses.

                   It may be stated here that the complaint filed against the OP No.2, is liable to be dismissed because neither any specific allegation has been levelled against OP No.2 nor it is proved. Even otherwise, the complainants had paid consideration amount to the OP No.1, therefore, no liability can be fastened against him.

6.                In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.2 and allow the same against OP No.1. The OP No.1 is directed in the following manner:-

1. To refund the amount of Rs.2,13,000/- to the complainants along with interest @ 5 % per annum from the date of filing of the present complaint i.e 08.01.2020, till its realization
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3,000/- as litigation expenses.

 

                   The OP No.1 is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 09.09.2021.

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President