Chandigarh

DF-II

CC/584/2021

Rajendar Parsad Bhardwaj - Complainant(s)

Versus

M/s SOTC Travel Ltd. ( Formerly SOTC Travel Pvt. Ltd.) - Opp.Party(s)

Adv. Devinder Kumar

19 Jul 2022

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	584/2021
Date of Institution	:	02.09.2021
Date of Decision	:	19.07.2022

 

                     

            

 

Rajendar Parsad Bhardwaj s/o Sh.Daulat Ram aged about 79 years r/o H.No.69, Swaraj Nagar, Kharar, District Mohali.

                 ...  Complainant.

Versus

 

1.  M/s SOTC Travel Limited (Formerly SOTC Travel Pvt. Ltd.), Regd. Office: 324, Dr.D.N.Road, Fort Mumbai-400001 through its Managing Director.

 

2.  M/s SOTC Travel Limited (Formerly SOTC Travel Pvt. Ltd.), SCO No.147-148, Sector 8-C, Madhya Marg, Chandigarh through its Branch Manager.

 

…. Opposite Parties

 

BEFORE:
	SHRI.S.K.SARDANA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Devinder Kumar, Adv. for the complainant
	Sh.Sukhsham Aggarwal, Adv. for the OPs. (OPs already proceeded exparte).

 

 

PER B.M.SHARMA,MEMBER

1.     Briefly stated, being allured by the assurances of the OPs, the complainant booked 5 days Tour Package known as “Glimpses of East USA” by paying Rs.62,000/- as advance (i.e. Rs.10,000/- through debit card and Rs.52,000/- through cheque dated 02.03.2020). The total cost of the package was Rs.1,65,000/- and the OPs have also provided the brochure indicating details of cities to be visited besides other details. However, due to covid-19 pandemic all the international flights were to be cancelled and as such the complainant requested the OPs to refund Rs.62,000/-. However, vide e-mail dated 22.07.2020,  the OPs issued credit voucher which can be adjusted towards another tour booking availed.  The complainant vide emails dated 27.07.2020 and 07.08.2020 informed the OPs that due to age factor, he is interested to visit USA and insisted for refund of the amount but the same has not been refunded despite his repeated requests/emails. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint. 
2.     Ms.Sukhsham Aggarwal, Advocate put in appearance on behalf of the OPs on 03.12.2021 and took numerous opportunities for filing the vakalatnama, reply and evidence on behalf of the OPs but the same has not been filed and as such the OPs were ordered to be proceeded against exparte vide order dated 07.06.2022.
3.     We have heard the Counsel for the complainant and have gone through the documents on record.
4.     From the perusal of the documentary evidence available on file, it is revealed that all the international flights were cancelled due to covid-19 pandemic and, therefore, the complainant could not avail the tour package and sought the refund of Rs.62,000/-.  However, the OPs instead of refunding the amount of Rs.62,000/- had issued the credit voucher to be adjusted another tour to be availed by the complainant. Since, the complainant, owing to his old age, is not interested to visit USA and insisted for refund of the amount, therefore, the OPs should have refunded the amount instead of issuing the credit voucher. However, the OPs did not bother to refund the amount despite his repeated requests, which amounts to deficiency in service or unfair trade practice. 
5.     The opposite parties chose not to contest the case despite giving numerous opportunities.  Therefore, in the absence of any rebuttal from the side of the opposite parties, the version of the complainant, supported by his duly sworn affidavit, must prevail.  Failure on the part of the opposite parties to refund the amount of Rs.62,000/-, therefore, amounts to deficiency in service and the complaint deserves to be allowed. 
6.     In view of above observations, the present complaint is allowed against the Opposite Parties with directions as under:-

 

1.   To refund Rs.62,000/- to the complainant along with interest @ 7% p.a. from the date of its deposit till its realization.  
2.   To pay Rs.5,000/- to the complainant towards compensation for harassment
3.   To pay Rs.5,500/- as litigation expenses.
4.   The OPs are also at liberty to cancel the credit voucher, if any, issued to the complainant.

 

7.     This order be complied with by the OPs, within 30 days from the date of receipt of its certified copy, failing which the awarded amounts at Sr.No.(a) & (b) shall carry interest @ 9% per annum from the date of this order till actual payment.
8.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 19/07/2022
	Sd/- (S.K.SARDANA) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER