Chandigarh

DF-I

CC/413/2017

Shankuntala - Complainant(s)

Versus

M/s Torna Holidays - Opp.Party(s)

Bhupesh Dogra Adv.

20 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

[1]

                               

Consumer Complaint No.	:	CC/412/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

Kuldeep Singh s/o Late Sh. Kirpal Singh, R/o H.No.3216, Sector 23-D, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

 

[2]

                               

Consumer Complaint No.	:	CC/413/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

Shakuntala w/o Sh. Iqbal Singh, R/o H.No. 190-B, Sector 23-A, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

[3]

                               

Consumer Complaint No.	:	CC/414/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

 

Rajinder Kumar S/o Sh. Brij Mohan, R/o H.No. 3216, Sector 23-D, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

[4]

                               

Consumer Complaint No.	:	CC/415/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

Sanjay Kumar S/o Sh. Babu Ram Bhardwaj, R/o H.No.3310-B, Sector 24-D, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

[5]

                               

Consumer Complaint No.	:	CC/416/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

Shamsher Singh S/o Sh. Zile Singh, R/o H.No. 1278, Sector 23-B, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

[6]

                               

Consumer Complaint No.	:	CC/417/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

 

Subhash Chander S/o Sh. Narinder Nath, R/o H.No. 3210, Sector 24-D, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

[7]

                               

Consumer Complaint No.	:	CC/418/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

Ranjana Shrivastava W/o Sh. Ram Mohan Bhatnagar, R/o H.No. 5659, Manimajra, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

[8]

                               

Consumer Complaint No.	:	CC/419/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

 

Rajinder Kant S/o Sh. Kewal Krishan, R/o H.No. 2245, Sector 15-C, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

 

[9]

                               

Consumer Complaint No.	:	CC/420/2017
Date of Institution	:	24/05/2017
Date of Decision	:	20/02/2018

Birbala W/o Sh. Suresh Kumar, R/o H.No. 1736-A, Sector 23-B, Chandigarh.

…..Complainant

V E R S U S

[1]    M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075, through its Managing Director.

[2]    Jaipreet Kaur C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.

[3]    Satnam Singh C/o M/s Torna Holidays, having its Regd. Office at 2014 Krishna Mall, Plot No.5, Sector 12, Dwarka, New Delhi – 110075.……Opposite Parties

……Opposite Parties

CORAM :	SURESH KUMAR SARDANA	PRESIDING MEMBER
	RAVINDER SINGH	MEMBER

                                                                       

ARGUED BY	:	Sh. Ajay Singh Gurah, Counsel for Complainants.
	:	Capt. Arun Sharma, Counsel for Opposite Parties.

Per Suresh Kumar Sardana, Presiding Member

1.         By this common order, we are disposing of above said 09 Consumer Complaints, as all are having same controversy as well as similar question of facts and law.
2.         The facts, for convenience, have been taken from Consumer Complaint No. 412 of 2017 – “Kuldeep Singh Versus M/s Torna Holidays and Others”.
3.         The common facts indispensable to understand the dispute involved are that the Complainants on the allurement of Opposite Parties No.2 and 3 booked trip from Chandigarh to Port Blair from 25.12.2014 to 31.12.2014. The Complainants deposited their initial booking amount through NEFT in the account of Opposite Party No.1. After paying the initial booking amount, the Complainants were in touch with Opposite Parties No.2 and 3 regarding the booking of trip. Opposite Parties No.2 and 3 kept on assuring the Complainants that the tickets are available and these would be booked soon. However, in December, 2014 the Opposite Parties No.2 and 3 informed the Complainants that the seats were not available. On asking of the Complainants, the Opposite Parties No.2 and 3 assured that the booking amount would be refunded within few days. However, Opposite Parties No.2 and 3 thereafter started making lame excuses that the business is not going smoothly and did not make refund of the booking amount. The Complainants then made a Complaint dated 19.12.2015 to the SSP, Chandigarh which was marked to SHO, P.S. Sector 24, Chandigarh. Then the Opposite Parties deposited the total initial booking amount in the accounts of some of the Complainants and in the case of some of the Complainants part of initial booking amount was deposited in their accounts. The Complainants got issued legal notice to the Opposite Parties, but they did not care to reply to the same. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of Opposite Parties, the complainant has filed the instant complaint. 
4.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
5.         The Complaints have been contested by the Opposite Parties by filing identical written versions in which they have pleaded that the Complainants have not approached this Forum with clean hands. It has been stated that the Complainants are not consumer as LTC is a benefit to the officials for which payment is made by the Government. The Complainants themselves have admitted that Opposite Party No.2 has met them at Chandigarh and discussed the matter. The Complainants have paid only initial booking amount and have not paid the total amount. The tickets were to be arranged for them only after deposit of total payment. The Opposite Parties have reminded the Complainants several times to deposit the balance amount, but till November end they did not make the balance amount which resulted in cancellation of booking. The Opposite Parties have admitted that the Complainants have made Complaint to the SSP, Chandigarh but have pleaded that this Complaint was made on false and frivolous facts. Thus, denying any deficiency in service on their part, the Opposite Parties have sought dismissal of the Complaints.
6.         Replication was filed by the complainants denying all the averments in the written reply of the Opposite Parties.
7.         The parties led evidence in support of their contentions.
8.         We have gone through the record and heard the arguments addressed by the learned Counsel for the parties and have also gone through the written arguments advanced by the learned counsel for the Complainants.
9.         There is no denial of the fact that complainants hired the services of the Opposite Party No.1, through Opposite Parties No.2 & 3, for arranging a trip from Chandigarh to Port Blair (India) from 25^th December 2014 to 31^st December 2014 by paying advance money/ initial booking amount through NEFT from Punjab National Bank, Sector 16, Chandigarh in the account of Torna Holidays on 14.08.2014. However, later on, when the Opposite Parties failed to book the air tickets, the Complainants requested them to refund the money paid, the Opposite Parties coined one excuse after the other. It has come on record that feeling aggrieved when the Complainants moved a Complaint dated 20.02.2015 to the SSP, Chandigarh, the Opposite Parties refunded certain amounts to the Complainants. The detail of the amounts deposited by the complainants and refund made by the Opposite Parties in all the consumer complaints, mentioned above, is tabulated as under :-

Sr.No	Consumer complaint No.	Amount Deposited	Amount Refunded	Balance Amount
	CC/412/2017	Rs.30,000/-	Rs.10,000/-	Rs.20,000/-
	CC/413/2017	Rs.30,000/-	Rs.30,000/-	Nil
	CC/414/2017	Rs.30,000/-	Nil	Rs.30,000/-
	CC/415/2017	Rs.40,000/-	Rs.10,000/-	Rs.30,000/-
	CC/416/2017	Rs.40,000/-	Rs.10,000/-	Rs.30,000/-
	CC/417/2017	Rs.50,000/-	Rs.50,000/-	Nil
	CC/418/2017	Rs.20,000/-	Rs.10,000/-	Rs.10,000/-
	CC/419/2017	Rs.40,000/-	Rs.40,000/-	Nil
	CC/420/2017	Rs.40,000/-	Rs.10,000/-	Rs.30,000/-

                It is thus, legitimately proved that despite having received the payments from the Complainants, the Opposite Parties failed to provide the due services and the Complainants had been made to suffer the ordeal for no fault on their part.

10.         The Opposite Parties held their nerve submitting that inspite of paying the entire composite amount for the holiday package, the Complainants paid only part amount. It is claimed that since the Complainants have failed to pay the balance amount, as agreed, while purchasing the holiday package, therefore, reminders/ letters were also issued to them for the purpose, but they failed to deposit the balance amount, resulting in cancellation of the booking. However, we are not impressed with this, in as much as the Opposite Parties have miserably failed to produce any cogent, convincing and reliable piece of evidence to substantiate that any such reminders/letters were ever written to the Complainants for paying the balance amount. In the absence of such an evidence, the plea taken by the Opposite Parties cannot be believed being devoid of any vigor. Furthermore, the Opposite Parties also not bothered to reply to the legal notice sent by the Complainants requesting refund of their amount and this act of non-responsiveness of the Opposite Parties leads to the present Complaint being an additional burden on the Complainants to get the refund of their hard earned amount. Act of usurping the hard earned money of the Complainants without giving any services in reciprocate, to our mind, is not sustainable in the eyes of law. Hence, the deficiency in service and unfair trade practice on the part of the Opposite Parties is writ large.
11.         In view of the above discussion, the present consumer complaint (Consumer Complaint No.412 of 2017) deserves to succeed and the same is accordingly partly allowed qua Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under :-

1. To refund the amount of Rs.20,000/- to the Complainant along with interest @ 9% p.a. from the date of deposit, till realization;
2. To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;
3. To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].

Consumer Complaint No.413 of 2017

 

12.         Since the Opposite Parties in this case have admittedly refunded the entire deposited amount of Rs.30,000/- to the Complainant on 04.03.2015 after the police Complaint dated 20.02.2015, therefore, we feel that a sum of Rs.7,000/- as compensation for deficiency in service, unfair trade practice and loss suffered by the complainant would be just and reasonable. Accordingly, the Complaint stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under :-

i)  To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;

ii) To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the compensation amount mentioned in sub-para [i] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [ii].

Consumer Complaint No.414 of 2017

14.         This Consumer Complaint also stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under:-

1. To refund the amount of Rs.30,000/- to the Complainant along with interest @ 9% p.a. from the date of deposit, till realization;
2. To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;
3. To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].

Consumer Complaint No.415 of 2017

15.         This Consumer Complaint also stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under:-

1. To refund the amount of Rs.30,000/- to the Complainant along with interest @ 9% p.a. from the date of deposit, till realization;
2. To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;
3. To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].

Consumer Complaint No.416 of 2017

16.         This Consumer Complaint also stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under:-

1. To refund the amount of Rs.30,000/- to the Complainant along with interest @ 9% p.a. from the date of deposit, till realization;
2. To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;
3. To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].

Consumer Complaint No.417 of 2017

17.         Since the Opposite Parties in this case have admittedly refunded the entire deposited amount of Rs.50,000/- to the Complainant on 30.03.2015 and 20.04.2015 after the police Complaint dated 20.02.2015, therefore, we feel that a sum of Rs.7,000/- as compensation for deficiency in service, unfair trade practice and loss suffered by the complainant would be just and reasonable. Accordingly, the Complaint stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under :-

i)  To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;

 

ii) To pay Rs.3,000/- as costs of litigation. 

               

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the compensation amount mentioned in sub-para [i] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [ii].

Consumer Complaint No.418 of 2017

18.         This Consumer Complaint also stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under:-

1. To refund the amount of Rs.10,000/- to the Complainant along with interest @ 9% p.a. from the date of deposit, till realization;
2. To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;
3. To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].

Consumer Complaint No.419 of 2017

19.         Since the Opposite Parties in this case have admittedly refunded the entire deposited amount of Rs.40,000/- to the Complainant on 13.03.2015 after the police Complaint dated 20.02.2015, therefore, we feel that a sum of Rs.7,000/- as compensation for deficiency in service, unfair trade practice and loss suffered by the complainant would be just and reasonable. Accordingly, the Complaint stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under :-

i)  To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;

ii) To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the compensation amount mentioned in sub-para [i] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [ii].

Consumer Complaint No.420 of 2017

20.         This Consumer Complaint also stands partly allowed against the Opposite Parties No.1 to 3. Opposite Parties No.1 to 3, jointly and severally, are directed as under:-

1. To refund the amount of Rs.30,000/- to the Complainant along with interest @ 9% p.a. from the date of deposit, till realization;
2. To pay Rs.7,000/- as compensation for deficiency in service, unfair trade practice, mental agony and harassment caused to the complainant;
3. To pay Rs.3,000/- as costs of litigation. 

                This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].

21.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
20/02/2018	[Ravinder Singh]	[ Suresh Kumar Sardana ]
	Member	Presiding Member
“Dutt”