Haryana

Karnal

CC/173/2019

Rajat Chawla Advocate - Complainant(s)

Versus

OYO Total Holidays - Opp.Party(s)

Kanv Deep Singh

31 May 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                          Complaint No.  173 of 2019

                                                          Date of instt. 27.03.2019

                                                          Date of Decision 31.05.2019

1. Rajat Chawla Advocate, aged about 33 years, son of Advocate J.C. Chawla.

2. Jyoti Chawla wife of Shri Rajat Chawla, both resident of House no.2040, Sector-7, Urban Estate, Karnal.

                                                                      …….Complainant

                                        Versus

OYO Total Holidays, OYO Corporate office, 9^th floor, Spaze Palazo, Sector 69, Gurugram-122001 (Haryana) through its Manager/Authorized person.

                                                                                                                                                                             …..Opposite Parties.

           Complaint u/s 12 of the Consumer Protection Act. 

Before    Sh. Jaswant Singh………President.       

      Sh.Vineet Kaushik ………..Member

 Present:  Shri Kanvdeep Advocate for complainants.

                   Opposite party exparte.

                   (Jaswant Singh President)

ORDER:                    

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that in December, 2018 the complainants had got booked a package for themselves and their child Achal Chawla (7 years) for Dubai from 13.03.2019 to 17.03.2019 through the OP, vide package code PKG-DTCF-4162 and for that, the OP charged a sum of Rs.1,33,500/- in which they had to provide Air-tickets, visa with fee and OTB, Hotel accommodation with break-fast and all major sightseeing like Burj-Khalifa, desert Safari, Sea-Aquarium with under water zoo, Abu-dhabi tour, local Dubai city tour, Ferrari World, Dhow Cruise Marina (all are includes entry ticket with transfer and dinner), Return Airport Transport etc. The amount of Rs.1,33,500/- was transferred by the complainant no.2 in the given account/payment links provided by the OP. After booking of the said tour, the OP provided/sent air-tickets, visa and entire tour itinerary to the complainants for the abovesaid tour package. The flight of the complainants was of early morning i.e. 7.30 a.m. on 13.03.2019 and that is why, on 16.01.2019, the complainant no.1 got booked a room in Hotel Airport Park Blue near to the airport for 12.03.2019 so that they may take flight on time on 13.03.2019. As per schedule, the complainants alongwith their child went to the aforesaid hotel on 12.03.2019 for going to Dubai on 13.03.2019, the complainant no.2 got a call from her parental home regarding the death of her father Shri Vijay Madaan and due to the genuine reason and emergency created at that moment, the complainants alongwith their child had to return to Karnal immediately and for that they got booked on OLA cab for returning to Karnal at 3.30 a.m. and dropped at 6.15 a.m. at their residence at Karnal. On 13.03.2019 at 4.46 a.m. the complainant informed the OP regarding the abovesaid death event and requested for the cancellation of the said tour package and further requested either to full refund of their package or to postpone for the next month. On receiving the intimation from the complainant no.1, the OP sent an e-mail to the complainant no.1 but the OP declined the request of the complainants. In this way there was deficiency in service and unfair trade practice on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who did not appear and proceeded against exparte by the order of this Forum dated 1.5.2019.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10 and closed the evidence on 30.5.2019.

4.             We have heard the learned counsel of the complainant and have gone through the evidence on record carefully.

5.             The case of the complainant is that they had got booked a package for themselves and their child Achal Chawla (7 years) for Dubai from 13.03.2019 to 17.03.2019 through the OP and they charged a sum of Rs.1,33,500/- in which they had to provide Air-tickets, visa with fee and OTB, Hotel accommodation with break-fast and all major sightseeing like Burj-Khalifa, desert Safari, Sea-Aquarium with under water zoo, Abu-dhabi tour, local Dubai city tour, Ferrari World, Dhow Cruise Marina (all are includes entry ticket with transfer and dinner), Return Airport Transport etc. The amount of Rs.1,33,500/- was transferred by the complainant no.2 in the given account/payment links provided by the OP. After booking of the said tour, the OP provided/sent air-tickets, visa and entire tour itinerary to the complainants for the abovesaid tour package. The flight of the complainants was of early morning i.e. 7.30 a.m. on 13.03.2019  so that the complainant no.1 got booked a room in Hotel Airport Park Blue near to the airport for 12.03.2019 so that they may take flight on time on 13.03.2019. As per schedule, the complainants alongwith their child went to the aforesaid hotel on 12.03.2019 for going to Dubai on 13.03.2019, the complainant no.2 got a call from her parental home regarding the death of her father Shri Vijay Madaan and due to the this reason the complainants alongwith their child had to return to Karnal immediately. On 13.03.2019 at 4.46 a.m. the complainant informed the OP regarding the abovesaid death event and requested for the cancellation of the said tour package and further requested either to full refund of their package or to postpone for the next month. On receiving the intimation from the complainant no.1, the OP sent an e-mail to the complainant no.1 but the OP declined the request of the complainants. In support of his version complainant placed on file his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10.  Ex.C1 is death certificate, Ex.C2 is OYO Itineary/offer letter, Ex.C3 is Dubai Itineary Date wise, Ex.C4 Air Tickets, Ex.C5 Hotel booking, Ex.C6 Request note for cancellation, Ex.C7 OLA Lab bill, Ex.C8 Discharge Summary of deceased, Ex.C9 passport copy of the complainant and copy of e-mail of Ex.C10. 

6.             After perusal of copy of e-mail Ex.C10 sent by Spice Jet Customer Relations

 12.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund the amount of Rs.1,33,500/- to the complainant.  We further direct the OP to pay Rs.20,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:31.05.2019

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

                                    (Vineet Kaushik)

                           Member