Chandigarh

DF-I

CC/887/2019

Rajan Kapoor - Complainant(s)

Versus

M/s TMC Travel Solutions - Opp.Party(s)

Charu Sharma & Venu Gopal

24 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

1.   Rajan Kapoor S/o late Sh.M.L.Kapoor, resident of H.No.2180, Sector 15-C, Chandigarh.

2.   Raman Sharma S/o Sh.Agya Ram Sharma, resident of H.No.5763-A, Sector 38-West, Chandigarh.

3.   Narinder Pal Singh S/o Late Sh.Inderjit Singh, resident of H.No.5763-B, Sector 38-West, Chandigarh.

… Complainants

V E R S U S

1. M/s TMC Travel Solutions, Plot No.99-100, Ward No.6-A, Adipur, Tehsil Gandhidham, Distt. Kuchh, Gujarat through its Prop/Partner Mohinder Bansal (To be served through OP No.2)
2. Mohinder Bansal S/o Sh.Des Raj Bansal Resident of Tapa Mandi, Railway Street, Bank Side OBC Bank, Distt. Barnala (Presently lodged in Sub Jail, Distt. Hamirpur, Himachal Pradesh).
3. Himanshu Bansal s/o Mohinder Bansal Resident of Tapa Mandi, Railway Street, Bank Side OBC Bank, Distt.Barnala (to be served through his father Mohinder Bansal presently lodged in Sub Jail, Distt. Hamirpur, Himachal Pradesh). (Complaint against Opposite Party No.3 is already dismissed).
4. Pallavi Garg d/o Mohinder Bansal and w/o Aman Garg r/o H.No.29, Sector 11, Rohini, New Delhi. (Complainant against Opposite Party No.4 is already dismissed).

… Opposite Parties

Per Suresh Kumar Sardana, Member

1.      The long and short of the allegations are that the complainants & their family members had planned a trip for Dubai from 20^th June to 25^th June, 2018 at a price of Rs.34,750/-. The itinerary and inclusions offered are contained in the brochure which are attached as Annexure C-1.

    The complainants were given option to take along their parents and friends as well but with a condition that an amount @ Rs.35,000/- each person will have to be paid. Accordingly Complainants and their family members had accepted the offer of OPs for the trip to Dubai.

    Complainants also sent scanned copies of front and back side of passport and passport size photograph at the Opposite Parties email

    Alleging that the OPs having received substantial sums from the complainants, failed to materialize their trip to Dubai and even complainants had incurred some part of amounts for visa/hotel bookings etc. and the same could not be of any use to the complainants inasmuch as entire responsibility of making all arrangements had rested on OPs. Therefore, the complainants plead that they are entitled to receive their entire paid amounts with interest as also special damages/compensation for harassment and mental agony.           

2.     Notice was served on Opposite Party Nos.1 & 2 through Assistant Superintendent, Sub Jail, Hamirpur, Himachal Pradesh which was presumed to have been served. Since none appeared on behalf of Opposite Party Nos.1 & 2, therefore, vide order dated 16.02.2021, they were ordered to be proceeded against ex-parte.

3.     Complaint against Opposite Party Nos.3 & 4 already dismissed vide order dated 05.09.2019.
4.     Complainants led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the complainants and gone through the record of the case. After perusal of record, our findings are as under:-
6.     Significantly, Opposite Parties did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the Opposite Parties shows that they have nothing to say in their defense against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
7.     On perusal of the complaint & annexed documents, we are of the concerted view that the

Opposite Parties failed to arrange the visit of the complainants in spite of charging huge money from them, without there being any valid explanation/justification. However, we are not inclined to refund the whole amounts as claimed by them, as they have also claimed the amount in respect of their family members as well, who have not filed the complaint or are not party to it and have not been represented as per law.

8.     It is thus established beyond all reasonable doubts that the complaint of the complainants is genuine. The harassment suffered by the complainants is also writ large. The Opposite Parties has certainly and definitely indulged into unfair trade practice as they failed to arrange the visit of the complainants in spite of charging huge money from them and propelled this unwarranted, uncalled litigation upon the complainants. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party Nos.1 & 2 are directed as under :-

1. to refund to Complainant No.1 ₹35,000/-, to Complainant No.2 ₹35,000/- and to the Complainant No.3 ₹35,000/- along with interest @9% per annum from the date of payment, till it is actually paid;
2. to pay an amount of ₹5,000/- to each of the complainants as compensation for causing mental agony and harassment.
3. to pay ₹9,000/- to the complainants as costs of litigation.

10.     This order be complied with by the OP Nos.1 and 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.