Chandigarh

DF-I

CC/283/2023

MEENU MOHINDRA - Complainant(s)

Versus

M/S TRAVEL EXPOSURES THROUGH ITS DIRECTORS - Opp.Party(s)

DEEPAK JAGLAN

01 Nov 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/283/2023
Date of Institution	:	25.5.2023
Date of Decision	:	1/11 /2023

 

Meenu Mohindra W/o Dr. Rakesh Mohindra #E-6, Sector 14, Panjab University Campus,  Chandigarh 160014.

… Complainant

V E R S U S

M/s Travel Exposure through its Directors office Address: Shop No.1 First floor, Bhavya Market Lawad Road Meerut, UP 250001.

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Deepak Jaglan, Advocate for complainant
	:	OPs ex-parte.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the complainant purchased the “Andaman Package (6 nights/7 days)”   to avail LTC facility from OP company who had been providing tour and package  to various individual in lieu of valuable consideration. The copy of Quote of “Andaman Package (6 nights/7 days)” is annexed as Annexure C-1. The complainant accepted the offer made by the OP for the aforesaid trip with negotiated cost of Rs.23500/- per person  on a double sharing basis for a family of four persons and had paid an amount of Rs.94,000/- for providing hotel accommodation, ferry journey and local sightseeing etc.  The copy of payment receipt is annexed as Annexure C-3.  On 31.12.2022 due to the demise of father of the complainant she had informed the OP immediately for cancellation of all hotel and ferry bookings etc. as she had to remain with her family to perform the last rites of her father. The copy of whatsapp communication is annexed as Annexure C-2. The complainant had also cancelled all the tickets purchased by her for air travel, train for all journeys to Andaman and Nicobar Island.  Copy of travel ticket is annexed as Annexure C-4. The complainant had also made request for cancellation of ferry bookings. Copy of ferry booking and copy of hotel booking are Annexures C-5 and C-6.  Thereafter numerous communication through phone call and whatsapp messages were made to the OP vide Annexure C-2. Even as per the terms of the “Andaman Package (6 nights/7 days)” only  15%  deduction is permissible towards the service charges from the booking amount of Rs.94,000/-  paid for “Andaman Package (6 nights/7 days)”.  The complainant is entitled for refund of Rs.79900/- . The complainant again requested the OP to  refund the aforesaid amount to OP but the OP had only refunded Rs.3000/-  out of Rs.94,000/- through GPay on 18.4.2023. The copy of partial refund payment receipt of Gpay  transaction is annexed as  Annexure C-7. Thereafter the husband of the complainant travelled to Meerut   i.e. the office of OP  and requested it to refund the paid amount and the OP agreed to  refund the amount  and handed over a cheque of Rs.13,000/- towards partial  refund but surprisingly when the said cheque was  presented  with the banker, the same was dishonoured  for the reasons insufficient funds. The copy of bounce cheque is annexed as Annexure C-9. Even after that the complainant approached the OP and hotel vide communication Annexure C-10  but nothing has been done by the OP till date. The aforesaid act of OP amounts to deficiency in service and unfair trade practice on its part.. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs were  properly served and when OPs did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 21.7.2023.

2. In order to prove her case, complainant has tendered/proved her evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainant had booked one “Andaman Package (6 nights/7 days)” from Op and had paid an amount of Rs.94,000/- as is also evident from Annexure C-3 and further that due to the death of the father of the complainant the said tour was cancelled regarding which  intimation was  duly given by the complainant to the OP through whatsapp communication Annexure C-2 and out of total amount paid by complainant, the OP had only refunded Rs.3,000/- on 18.4.2023 vide partial payment receipt Annexure C-7 and further that the OP had given one cheque for partial refund of Rs.13,000/- Annexure C-9 to the husband of the complainant which was also dishonourned and the OP had not refunded the remaining amount to the complainant despite of her repeated requests till date, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the OP amounts to deficiency in service and the complainant is entitled for relief as is the case of the complainant.
   2. Perusal of Annexure C-1 clearly indicates that the complainant had purchased “Andaman Package (6 nights/7 days)” from the OP. Annexure C-3 indicates that  the complainant had transferred Rs.94,000/- in the account of the OP through UPI. Annexure C-2  whatsapp messages communications, which indicates the complainant requested OP for cancellation of tour due to sudden demise of her father on 31.12.2022. Annexure C-7 further indicates that an amount of Rs.3,000/-  was only refunded by the OP to the complainant through GPay  transaction, out of the total paid amount by the complainant. Annexure C-9  the copy of cheque which indicates that the OP had issued the said cheque for partial refund of Rs.13,000/- in the name of the husband of the complainant on 1.5.2023 but the same was dishonoured by the bankker on account of “insufficient funds”.
   3. As per case of the complainant the OP was only entitled to deduct 15% service charges from the total paid amount in case of cancellation of the booking by referring Annexure C-1. A perusal of Annexure C-1 at page 24 of the paperbook clearly provides that 15% of the total cost is deductible being service charge in case of cancellation of trip. The relevant portion of the terms and conditions is reproduced as under:-

 

“In case of cancellation of trip, we shall process refund as per policy of hotel/services/efforts deserve a service charge of 15% of total cost of the package.”

 

4. In the light of documentary evidence having been led by the complainant which is unrebutted by the OP, one thing stands proved on record that the complainant had paid an amount of Rs.94,000/- to the OP for “Andaman Package (6 nights/7 days)” and  due to sudden demise of the father of the complainant, she had intimated the OP about the cancellation of the trip in advance through whatsapp message  etc. and the OP had only refunded partial amount of Rs.3000/-, out of the total paid amount. Since as per the terms and condition of the “Andaman Package (6 nights/7 days)” referred above only 15% services charges, of the total paid consideration was permissible to be deducted, the OP was liable to refund the remaining amount of Rs.79,900/- after the deduction of service charges @15%  from the total paid amount of Rs.94,000/-. Since it has come on record that  the OP had only refunded Rs.3,000/- and wrongly withheld an amount of Rs.76,900/-, and not refunded the same to the complainant,  the said act of OP amounts to deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to refund ₹76900/- to the complainant alongwith interest @ 9% per annum from the date of cancellation of trip i.e. on 31.12.2022 till onwards.
2. to pay an amount of ₹15,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it 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.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 1/11/2023 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member