DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 1324/2016

D.No.__________________                  Dated:________________

IN THE MATTER OF:

SUDHIR MAHAJAN S/o SH. S R MAHAJAN,

R/o B-24/12 (DS), RAMESH NAGAR,

NEW DELHI-110015.… COMPLAINANT

Versus

NASWIZ HOLIDAYS PVT. LTD.,

SUITE No. 810, KRISHNA APRA,

NETAJI SUBHASH PLACE, NEW DELHI-110034.

ALSO AT: NASWIZ HOLIDAYS PVT. LTD.,

SCO-705, 2^nd FLOOR,

CHANDIGARH-KALKA HIGHWAY,

N.A.C., MANIMAJRA CHANDIGARH-160101.… OPPOSITE PARTY

CORAM :SH. M.K. GUPTA, PRESIDENT

         SH. BARIQ AHMED, MEMBER

MS. USHA KHANNA, MEMBER

                                                  Date of Institution: 23.12.2016

                                               Date of decision:20.09.2017

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that lured by the brochure and other marketing collateral of OP, the complainant made a payment of Rs.9,770/- and an invoice was issued by OP and after a period of 4 weeks a booklet

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          called Elite package was received by the complainant having 3 coupons 2 for domestic use and 1 for overseas use namely category 1, 2 & 3. The complainant further alleged that the complainant filled the 1^st holiday reservation request and same was sent to redemption cell who made the booking and on reaching destination it was discovered that the quality of hotel was very poor and the complainant returned back cutting short the trip within 2 days as on the day of arrival it was already late evening and the complainant was too tired to drive back and on the next day the complainant reported the matter to OP that the room is very poor and the complainant is highly disappointed with the quality and the complainant had no choice but to return back highly disappointed and the feedback was given to OP. Thereafter the complainant filled in 2^nd Holiday Reservation request and sent it to OP which was declined by OP and the complainant consistently followed up with OP e-mail communication but to no avail and the complainant had no choice but to give up and this act of OP amounts to deficiency in service and unfair trade practice.

2.       On these allegations the complainant has filed the complaint praying for refund of an amount of Rs.9,770/- which was paid by the complainant at the time of purchasing the Elite Package as

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          well as compensation of Rs.25,000/- for causing physical harassment pain mental and agony. The complainant has also sought Rs.10,000/- towards cost of litigation.

3.       Notice of the complainant was sent to the OP for appearance on 10.02.2017 through speed post which was received by OP at the 2^nd address on 13.01.2017 as per track report.But none for the OP appeared on 10.02.2017 & 10.03.2017 and as such OP has been proceeded ex-parte vide order dated 10.03.2017.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copy of invoice/bill no. 10311 dated 18.09.2014 issued by OP, copies of Holiday Reservation Request Form for 1^st category & 2^nd category and copy of e-mail communication dated 29.09.2015 sent by the complainant to OP.

5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record.The case of the complainant hasremained consistent and undoubted. The complainant has paid Rs.9,770/- vide invoice/bill no.10311 dated 18.09.2014 issued by the OP. Moreover, the OP has kept silent despite receiving notice of the case from this Forum. Thus it seems that OP has no defence. Accordingly the OP is held guilty of deficiency in service.

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6.       Accordingly, OP is directed as under:

i)        To refund to the complainant an amount of Rs.9,770/- which is paid by the complainant to the OP.

ii)       To pay to the complainant an amount of Rs.6,000/- towards compensation forphysical harassment, pain and mental agony including litigation charges.

7.      The above amount shall be paid by the OP to the complainantwithin 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment.  If OP fails to comply with the order within 30 daysfrom the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

 8.     Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 20^th September, 2017.

BARIQ AHMED                         USHA KHANNA     M.K. GUPTA

  (MEMBER)           (MEMBER)          (PRESIDENT)

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