Haryana

StateCommission

A/94/2018

YATRA ONLINE PRIVATE LIMITED. - Complainant(s)

Versus

PANKAJ KUMAR - Opp.Party(s)

SACHIN OHRI

17 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                                First Appeal No.           :         94 of 2018

                                                Date of Institution        :         23.01.2018

                                                Date of Decision                   : 17.07.2018

 

Yatra Online Private Limited, 6^th Floor, Tower D, Unitech, Cyber Park, Sector-39, Gurgaon through its authorized signatory Mr. Anoop Khanduri, AVP (Operations).

 

          …… Appellant.

 

Versus

 

Pankaj Kumar aged 29 years son of Sh. Krishan Chander Ahuja, R/o Ahuja Emporium Sadar Bazar, Hansi Hisar 125033 (Haryana).

 

……. Respondent.

 

CORAM:             Shri Diwan Singh Chauhan, Presiding Member.

 

Present:              Mr. Sachin Ohri, counsel for the appellant.

                             Mr. Pankaj Kumar, respondent in person.

                            

O R D E R

 

DIWAN SINGH CHAUHAN, PRESIDING MEMBER

 

                             The present appeal has been decided by me in view of the order passed by Hon’ble President of the State Commission conveyed to me vide Endst. No. 195 dated 25.01.2018 whereby I have been authorized to decide the cases singly in Additional Bench-II.

                             This appeal has been preferred against the order dated 16.10.2017 passed by the District Consumer Forum, Gurgaon (for short ‘District Forum’) whereby complaint filed by complainant against the OPs was allowed and following directions were given to the Opposite parties:-                         

          “Therefore, keeping in the circumstances of the case and to meet the end of justice we direct the OP to refund the entire amount i.e. Rs. 72,000/- minus amount paid to the airlines on account of air ticket alongwith interest at the rate of 9% per annum form the date of filing of complaint till its realisation and also to pay Rs.3100/- as compensation for mental agony, harassment as well as litigation expenses.”           

                             The brief facts of the case are that the complainant booked ticket for 4 nights and 5 days through OP on 27.01.2016 and paid a sum of Rs.22,000/- on 28.01.2016 and Rs.50,000/- vide receipt dated 08.02.2016. The tickets were booked for 23.02.2016 from Delhi to Chennai and the departure time was 10:10 A.M. and tickets from Chennai to Port Blair was issued the departure time was 12:05 PM on 24.02.2016 and tickets from Port Blair to Chennai was on 28.02.2016.However, complainant could not avail the said ticket on account of Jaat Reservation Agitation from 18.02.2016 onwards and the complainant gave message for cancellation of ticket to the OP. The complainant also requested the OP to refund the cancellation amount as there was strong Jaat agitation in the State of Haryana and on account of Jaat Agitation complainant and his wife were not able to travel Delhi for going to Andaman.

                             Upon notice OP filed written statement and contented that the complainant had booked an international tour package with the OP and after receipt of amount, a travel contract were assigned by OP for complainant’s tour who was in continuous touch via email and calls with complainant. The OP has also provided all the inclusions of the tour and list of requisite documents for completion of complainant’s tour. The OP Company have already done the bookings of hotel with relevant company and payments were already done on behalf of the complainant and cancellation of the tour caused financial loss to the OP and prayed for dismissal of the complaint.

                             Both the parties led evidence in support of their respective claims.

                             On appraisal of the pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint and granted relief as noticed in the opening para of this order.

                             Aggrieved with the impugned order, appellant-OP has come up in appeal.  Hence this appeal.

                             I have heard the learned counsel for both the parties and perused the case file thoroughly.

                             The counsel for the OP/appellant contended that the order passed by the District Forum is patently perverse, devoid of merits and in not sustainable in the eyes of law. In the tour packages entire bookings are made prior to date of travel and amount is also paid to the original service provider in advance and in case of cancellation of the bookings, amount is not refundable as they suffer loss in case of any cancellation and prayed that appeal may be allowed and complaint filed by complainant may be dismissed.

                             On the other hand, the respondent/complainant contended that complainant booked ticket for 4 nights and 5 days through OP on 27.01.2016 and paid a sum of Rs.22,000/- on 28.01.2016 and Rs.50,000/- vide receipt dated 08.02.2016. The tickets were booked for 23.02.2016 from Delhi to Chennai and the departure time was 10:10 A.M. and tickets from Chennai to Port Blair was issued the departure time was 12:05 PM on 24.02.2016 and tickets from Port Blair to Chennai was on 28.02.2016.However, complainant could not avail the said ticket on account of Jaat Reservation Agitation in Haryana from 18.02.2016 onwards and the complainant gave message for cancellation of ticket to the OP. The complainant also requested the OP to refund the cancellation amount as there was strong Jaat agitation in the State of Haryana and on account of Jaat Agitation complainant and his wife were not able to travel Delhi for going to Andaman. Complainant/respondent made calls to OP/appellant on 20.02.2016, 21.02.2016, 22.02.2016, 23.02.2016 and on 24.02.2016 and also sent e-mails to the OPs. The District Consumer Forum rightly allowed the complaint.

                             I have considered the respective submission of the parties and have gone through the facts and circumstance of the case evidence adduced on record by both the parties. Complainant/respondent informed the OP/appellant about the cancellation of his tickets telephonically on 20.02.2016, 21.02.2016, 22.02.2016, 23.02.2016 and on 24.02.2016 and also sent e-mails to the OP/appellant. The complainant/respondent had cancelled his programme in view of compelling circumstances in Haryana over which he had not control. 

In this view of the matter I am of the considered view that the District Forum has taken the correct view by allowing the complaint and needs no interference. Hence the appeal filed by the appellant is hereby dismissed.

The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the Appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced                                                                                 Diwan Singh Chauhan,

17.07.2018                                                                                       Presiding Member

                                                                                                    Addl. Bench-IInd