Haryana

Karnal

CC/104/2016

Kulwinder Khanna S/o Madan Lal Khanna - Complainant(s)

Versus

Panoramic Holidays Limited - Opp.Party(s)

Narinder Sukhan

03 May 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                               Complaint No.104 of 2016

                                                             Date of instt.: 05.04.2016

                                                               Date of decision 03.05.2017

 

Kulwinder Khanna son of Shri Madan Lal Khanna resident of House no.493, sector-13 Extension, Karnal.

 

                                                                      ……..Complainant.

                                      Vs.

Panoramic Holidays Ltd., Khatau House basement, plot no.401/411, Mogul Lane, Mahim (W), Mumbai-4000 016 through its Director.

 

                                                                            ………… Opposite Party.

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Ms. Veena Rani……..Member

                   Sh.Anil Sharma…….Member.

 

Present:-      Shri Narinder Sukhan Advocate for complainant.

                    Opposite party exparte.

                    

                    

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that in the month of December, 2015, the officials of the opposite party in a meeting held in a Hotel at Karnal told about Holiday Package having good holiday plans for family. It was assured that Holiday Voucher could be used all over India in the resorts of the opposite party, which were having five star facilities. He accepted the offer of the opposite party, paid Rs.19920/- to the official of the opposite party and was given membership ID:MH/LKO/0633. Official of the opposite party assured that a proper kit with the detail of whole package would be provided. The package of the aforesaid Holidays total worth Rs.2,82,200/- for the year 2015, was to be paid in 48 monthly installments of Rs.7068/- each.  It was also told by the official of the opposite party that if he would not be satisfied with the Hospitality/facilities of the resort of the opposite party, then he would have right to cancel the said package and opposite party would be bound to pay back the entire amount to the complainant.  In the first week of January, 2016, he and his family went to Jaipur in the resort of the opposite party, but the facilities and hospitality were very poor in the resort and it was far-away from the city. He left out the Hotel of opposite party with immediate effect and stayed in another Hotel i.e. Hotel Rawat, Station Road, Jaipur, Rajasthan and paid an amount of Rs.5300/- for the said Hotel. Thereafter, he stayed Hotel in R.K. Palace situated at DCM Main Ajmer Road, Jaipur for one day, one night and paid an amount of Rs.3328. He and his family had gone on trip from 3.1.2016 to 9.1.2016 and on that trip he paid an amount of Rs.30,000/- as Hotel charges, which he had to pay due to fault of opposite party. He made a telephonic call to the Customer care of opposite party and requested to cancel his package/membership, since he was not satisfied with the facilities of the resort of the opposite party and demanded his money i.e. Rs.19,920/-, but opposite party did not pay the money and lingered on the matter on one pretext or the other. Then, he served a legal notice dated 16.2.2016 in that regard, but all in vain. In this way, there was deficiency in service on the part of the opposite party, due to which he suffered mental as well as physical harassment apart from financial loss.

2.                None put into appearance on behalf of opposite party despite service. Therefore, exparte proceeding were initiated against it, vide order dated 18.07.2016

3.                In evidence of the complainant, his affidavit Ex.CW1/A and document Ex.C1 to Ex.C11 have been tendered.

4.                We have heard the learned counsel for the complainant and have gone through the case file carefully.

5.                As per the case of complainant, he obtained a Holidays Package facility from the opposite party and paid Rs.19920/-, as is evident from the receipt Ex.C4.  The opposite party promised for providing best facilities its hotels. As per allegations of the complainant, when he and his family went to Jaipur and stayed in the hotel of opposite party, the facilities were very poor and they left the hotel immediately. Had to stay in another hotel i.e. Hotel Rawat in Jaipur and paid Rs.5300/-. In Ajmer they stayed in hotel R.K.Palace and paid Rs.3168/-. In support of this version the complainant placed on record copies of receipts of hotels Ex.C8 and C9.  The complainant reiterated his allegations in his affidavit Ex.C1. This oral as well as documentary evidence of the complainant has gone completely unrebutted and unchallenged and there is no reason to disbelieve the same. Thus, it stands established that opposite party failed to provide the best service to the complainant as per promise. In this way, there was deficiency in service on the part of the opposite party.

6.                As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite party to refund the amount of Rs.19920/- to the complainant with interest @ 9% per annum from the date of deposit till its realization.  We further direct the opposite party to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by her and for the litigation expenses. 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: 03.05.2017

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

 

 

                             (Veena Rani)   (Anil Sharma)

                               Member               Member