Chandigarh

DF-I

CC/43/2020

Vinod Rani Sharma - Complainant(s)

Versus

Panoramic Holidays Ltd - Opp.Party(s)

Manish Kumar Rampal, Arti Rampal

04 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/43/2020
Date of Institution	:	23/01/2020
Date of Decision	:	04/01/2021

 

Vinod Rani Sharma wife of Sh. Kulbhushan Rai Sharma, Resident of House No.7-D, Gulmohar Trends, Dhakoli, Tehsil Zirakpur, District Mohali (Punjab).

…..Complainant

V E R S U S

 

Panoramic Holidays Limited (Magic Holidays), through their Managing Director, having Regd. Office at Khatau House Basement, Mogul Lane, Mahim (West), Mumbai – 400016.

 

2^nd Address:

 

Panoramic Holidays Limited (Magic Holidays), through their Managing Director, having Branch Office at SCO 491-492, Second Floor, Near ICICI Bank, Sub City Centre, Sector 35-C, Chandigarh-160022.

…… Opposite Party

QUORUM:	SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                       

PRESENT:	:	None for Complainant.
	:	Opposite Party ex-parte.

 

Per Surjeet Kaur, Presiding Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, allured by the rosy pictures projected by the Representative of the Opposite Party about their holidays Membership Packages, the Complainant made payment of Rs.27,750/- on 03.02.2018. For availing the said Package, the Complainant planned her holidays and contacted the Representative of the Opposite Party, who apprised her that he left the job since the Company has closed its office. The Complainant accordingly lodged a Police Complaint on 16.05.2018, but to no avail. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte.
4.         Complainant led evidence.      
5.         We have gone through the entire record with utmost care and circumspection.
6.         Per pleadings of the Complainant, she deposited an amount of Rs.27,750/- through her Bank Account maintained with Punjab National Bank, Panchkula to purchase the Holiday Package. Copies of the Brochure and Bank Passbook showing payment transaction accounts for Ex.C-1 & C-3 respectively. However, Opposite Party has neither provided any service regarding availment of any holiday to the Complainant under the purchased Holiday Package nor bothered to even refund back the Complainant’s money received against said Holiday Package.  
7.         Significantly, Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it.
8.         The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
9.         In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have refunded the amount to the Complainant forthwith, which it miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
10.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]    To refund Rs.27,750/- to the Complainant;

[b]     To pay Rs.10,000/- as compensation to the complainant for deficiency in service, unfair trade practice and for causing harassment caused to her.

[c]     To also pay a sum of Rs.7,000/- to the complainant as litigation expenses. 

11.         The above said order shall be complied within 30 days of its receipt by Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
12.         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

04^th January,2021

                        Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 “Dutt”