DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.159/2022

Ms. Babita Khanna

W/o Sanjay Khanna

R/o C4, Geetanjali Enclave,

New Delhi-110017

….Complainant

Versus

Travel In My Budget

99 LGF Floor, Ansal Fortune Arcade

Sector 18, Noida UP 201301

        ….Opposite Party

 Date of Institution    : 07.06.2022      

 Date of Order            : 15.07.2024      

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Present: Sh. Sanjay Khanna, AR for complainant.

               None for OP.

ORDER

Member: Ms. Kiran Kaushal

1.       Succinctly put, complainant took Quarantine Package from Travel in my Budget, hereinafter referred to as OP. The said package was taken on account of Covid 19 which included 15 days stay in Maldives.

2.       It is stated that OP arranged the stay on twin sharing basis at the rate of Rs.94,500/- per person . Complainant was asked to make hundred percent payment on the pretext of advance booking in the hotel at Maldives. It is stated that complainant transferred the whole amount in OP’s account in two installments of Rs.50,000/- and Rs.44,500/-

3.       It is further stated that the trip got cancelled a day before the flight. However, OP had already issued vouchers of a Hotel by the name of ‘Mirian Sky’ in Maldives. It is stated that on persuasion of the office of Ministry of Tourism, Maldives, complainant received an official email from the hotel Mirian Sky that no such booking was made in the hotel, therefore, it could be assumed that the voucher issued was fake and fraud.

4.       Thereafter, the complainant made repeated requests to OP to refund the amount paid by her but no response was received. Thus aggrieved, the complainant prays for direction to OP to refund Rs.94,500/- with suitable interest; to award damages/compensation for providing deficient services and to award litigation costs.

5.       Notice was served to OP through various modes and the notice served through speed post was received with remarks ‘diye pate par lene se refuse kar diya’. Hence the notice was deemed served  and OP was proceeded exparte vide order dated 01.02.2023. Exparte evidence  and written submissions have been filed on behalf of complainant. Submissions made on behalf of complainant are heard. Material placed on record is perused.

6.       Payment of Rs.94,500/-  made to OP for booking the Quarantine Package has been evidenced by the complainant  vide Annexure -1. Complainant has annexed the ‘Service voucher’ as Annexure -2 which shows that Room No.2 was booked in the name of the complainant and another person by the name of Ms. Vallilath Viji for period 04.08.2021 - 19.08.2021in the hotel Mirian Sky. The complainant has also annexed a mail from the said Hotel wherein, it is denied that any booking in the name of Babita Khanna  has been made from 04.08.2021 to 19.08.2021 and no payment also has been received by the hotel regarding the same.

7.       From the documentary evidence placed before us it is evident that OP has indulged in unfair trade practice by giving the complainant fake vouchers and by not refunding the money received, without providing any services. Hence, OP is directed to refund Rs.94,500/- from the date of seeking of refund i.e 20.08.2021  with interest @6% p.a within 03 months from the date of order, failing which, OP shall pay the above stated amount @9% p.a till realization.

8.       Additionally, OP is directed to pay Rs.10,000/- towards compensation for harassment and litigation expenses.

Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.