Dt. of filing- 10/10/2018

Dt. of Judgement- 30/08/2019

Mrs. Sashi Kala Basu, Hon’ble President.

This complaint  is filed by the complainant namely Smt. Sreyasree Banerjee under Section 12 of the Consumer Protection Act against Opposite Party namely My Hubtravel  represented  by its travel consultant Shri Anurag Gaur, alleging deficiency in service  on the part of the Opposite Party.

Case of the complainant in short is that  the Opposite Party is a travel agency and conducts  different tours. Complainant to avail service of the Opposite Party,  booked a family tour  package  of Rs. 1,15,000/- only for  7 adults and  2 kids  for 12  nights / 13 days. Complainant paid Rs. 95,000/- by way of Paytm but on the date fixed i.e.  on 05.04.2018 when the  complainant  went to Delhi Airport  with her  family  members, no one from the Opposite Party’s  travel agency  was present  to receive them and no arrangement  for food, lodging and also room service was  arranged by the OP. Complainant   and her companions  tried to contact Opposite Party  but all  efforts were in vain. She also  brought the incident to the  notice of the Officer In Charge, domestic Airport in Delhi who suggested to seek redressal  for her  grievance before the competent Consumer Forum . The complainant approached the Opposite Party for refund  of the money paid by her  but no heed was paid by the Opposite Party. So, ultimately the present  case has been filed  for directing the OP  to  refund  the deposited amount  of Rs. 95,000/- to the complainant, to pay interest  @ 18% p.a.  on the said amount of Rs. 95,000/-, to pay compensation of Rs. 1,00,000/- for mental trauma and agony, to pay  2,50,000/-  deficiency in service and for unfair  trade practice and to pay towards the  litigation cost.

          Complainant  has annexed with the complaint petition. Copy  of  mails  exchanged between the parties   which includes the acknowledgement  receiving of the amount by the OP, copy of the  suggested  itenary, copy of the complaint lodged before the  domestic airport  at Delhi and  also  at Haridevpur Police Station and the copy of notice dated 06.08.2018 sent  by the  complainant asking the Opposite Party to  refund  the money  paid by her.

On perusal of the record  it appears that  in spite  of  sending of notice and ultimately serving the notice by way of paper publication also, as the Opposite Party  did not take any step and did not file  any Written versions, the case came up of exparte  hearing vide order  dated 29.05.019.

          So, the point requires determination is :-

          Whether the complainant is entitled to the reliefs as prayed for ?

Decision with reasons

          In order to substantiate   her claim that she had booked  the tour package of Rs. 1,15,000/- with the Opposite Party, complainant has filed the Mail sent by the Opposite Party on 23.01.2018. It appears from the said Mail that the Opposite Party has acknowledged receiving Rs. 48,000/- till that  date for  travel to be started on 5th April, 2018 for  12 nights /13 days for  7 adults and 2 kids.  Complainant and her family  member were to be picked from the Delhi Airport. Total package  cost  is stated  there as Rs. 1,15,000/-. It  appears  from the other documents filed by the  complainant that she  has paid further amount  by Paytm  at different times. The payment of Rs. 95,000/- has also been  acknowledged  and admitted by the Opposite Party in the  Mail  sent by OP  to  complainant wherein it has been stated that as per  telephonic/ mail conversation OP agreed to refund hotel booking amount  of Rs. 95,000/- within  7 to  21 working days. According  to  the complainant,  said amount  has not yet been refunded  by the O.P. So as Opposite Party has  not refunded  money to the complainant, complainant  is entitled to  refund of the said amount  especially when before this forum, there is absolutely  no contrary material  to counter  or rebut the claim  of the complainant. It is apparent  that there has been deficiency in service as well as  unfair trade practice on the part of the  Opposite Party as inspite of receiving the amount,  they did not attend the complainant and her family members  at Delhi Airport and no hotel room was arranged. So,  towards harassment and mental agony, complainant is also entitled to  the compensation in the form of  interest.

Hence,

                                Ordered

          CC/602/2018 is allowed exparte. Opposite Party is directed to refund  Rs. 95,000/- to the complainant  along with  interest @ 18%  p.a. from the date of payment to till this date within two months from the date of this order  in default  the sum shall carry interest  @ 12%  till realisation. The Opposite Party is also  directed  to pay Rs. 10,000/-  as litigation cost within the aforesaid  period of two months.