Delhi

New Delhi

CC/263/2021

N.K. Gupta - Complainant(s)

Versus

M/S. Kesavi Tours & Travels Pvt. Ltd. - Opp.Party(s)

15 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.263/2021                                    

IN THE MATTER OF:

 

 

NARESH KUMAR GUPTA, 923,

GROUND FLOOR, SECTOR-37, FARIDABAD,

HARYANA, 121003,

Mob. 9560886328                                                          ..... COMPLAINANT

Vs     

M/s KESAVI TOURS & TRAVELS PVT. LTD.

314, 3rd Floor, F-14, COMPETENT HOUSE

MIDDLE CIRCULE, CONNAUGHT PLACE                     ..... OPPOSITE PARTY

 

Quorum:

Ms. Poonam Chaudhry, President

Shri. Bariq Ahmad, Member

                                                                     

                                              Date of Institution: 06.12.2021

                                       Date of Order     :  15.12.2022

O R D E R

POONAM CHAUDHRY, PRESIDENT

1. The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986 (in short CP Act) alleging deficiency in services by opposite party (in short OP). Briefly stated the facts of the case are that Kesavi Tours & Travels Pvt. Ltd. announced a 10 days Scandinavian tour scheduled to depart from India on 10/06/2020. Accordingly, Complainant booked the said tour on 29/02/2020 by paying Rs.24,000/ (Rupees Twenty Four Thousand) vide cheque No. 728537 dated 02/03/2020 drawn on State Bank of India, Rail Bhawan, New Delhi. It is further alleged unfortunately, due to onset of Corona virus epidemic, Government of India announced lockdown from 24/03/2020 and all operations were suspended including closure of offices/school/markets/public establishments etc. Hence, the tour was cancelled and could not take off as scheduled from 10/06/2020 to 20/06/2020. It is further stated M/s Kesavi Tours & Travels returned the original passport and documents of complainant submitted to them on 03/07/2020. It is stated on account of national calamity. It is further stated that the advance of Rs.24,000/ (Rupees Twenty Four Thousand) was not refunded by M/S Kesavi Tours & Travels from the date of booking i.e. 29/02/2020 to date even though complainant sent e-mails to the OP on 24/08/2021, 03/09/2021, 03/10/2021 and 22/10/2021 for refunding of Rs.24,000/ (Rupees Twenty Four Thousand). The OP company also did not bother to respond nor they refunded the amount till date. It is also alleged that complainant is a Senior Citizen aged 71 years. It is further alleged that OP seems not to refund the amount advanced to them and rather want me to utilize this amount in the next tour as and when happens. It is further stated that the age of complainant may or may not allow me to take the next tour. It is, therefore, requested that M/s Kesavi Tours & Travels may be called upon to refund advance of Rs.24,000/ (Rupees Twenty Four Thousand) paid to them on 29/02/2020. It is stated that the copies of e-mails as well as receipt of advance of Rs.24,000/ (Rupees Twenty Four Thousand) paid to Kesavi Tours & Travels are annexed.
2. Notice of the complaint was issued to OP. OP was served on 11.03.2022, however as none had appeared for OP despite service, OP was proceeded exparte vide order dated 14.07.2022.
3. Complainants thereafter filed his evidence by affidavits reiterating therein the averments made in the complaint.
4. We have heard the complainant and perused the evidence and material on record carefully.
5. From the unrebutted testimony of complainant and the documents filed by complainant, it has been proved that OP failed to refund the amount paid by complainant despite the fact that the tour booked by complainant was cancelled due to the onset of Covid 19 Pandemic.
6. We accordingly hold OP guilty of deficiency of services and unfair trade practices and direct OP M/s Kesari Tours and Travels Pvt. Ltd. to refund the amount of Rs. 24,000/- (Rupees Twenty Four Thousand) with interest @ 9% from the date of deposit till realization to the complainant within 4 weeks of the date of receipt of the order, failing which OP will be liable to pay interest @ 18% p.a. for the delayed period till realization. We also award Rs. 50,000/- (Rupees Fifty Thousand) as compensation and litigation expenses.

A copy of this order be sent to all the parties free of cost. The order be uploaded on the website of this Commission.

File be consigned to record room along with a copy of the order.

 

POONAM CHAUDHRY

                                                 ( President)

    

BARIQ AHMAD

 (Member)