Before the District Consumer Dispute Redressal Commission [Central], 5th Floor ISBT Building, Kashmere Gate, Delhi
Complaint Case No.71/dated 19.02.2016
Ankur Singhal S/o Shri Yogesh Kumar Singhal
R/ 167, Sec -37 Faridabad, Haryana ...Complainant
Versus
OP1. M/S Pro-Yatra Ways Private Limited.
through its Managing Director
5 Pusa Road, Ist floor, New Delhi-110005
OP2. Shri Ashish Verma (Head - Trade Fairs)
5 Pusa Road, Ist floor, New Delhi-110005 ...Opposite Parties
Order Reserved on: 30.01.2023
Date of Order: 01.04.2023
Coram: Shri Inder Jeet Singh, President
Shri Vyas Muni Rai, Member
Ms. Shahina, Member -Female
Inder Jeet Singh
ORDER
1. (Introduction to case of parties) : Succinctly, the complainant alleges and complains that there is deficiency of services on the part of OPs, since OPs were paid an amount of Rs.1,50,000/- for tour package to Singapore but it was cancelled all of sudden and complainant was returned only Rs.25,000/- out of Rs.1,25,000/-. The complainant seeks return of the balance amount and damages.
2.1 (Case of complainant ) : The complainant is consumer as per under the Consumer Protection Act, 1986 and the Opposite Party No. 1 is a Company incorporated and it is engaged in the business of national and international Tour & Travels. The opposite party No.2 is Senior Executive of OP1.
2.2 In February 2015, the marriage of the complainant was scheduled for 10.03.2015, thus complainant planned for honeymoon tour package (briefly referred as tour package) to Singapore. He approached the opposite parties for details for his tour package to Singapore. The OPs sent him the e-mail dated 10.02.2015 of details of tour package. After negotiations with OP No.2, the entire tour package to Singapore was settled for Rs. 1,50,000/- which includes Visa, Air tickets and other charges (copy of the email dated 10.02.2015 is page 12 of paper-book). Then on the instructions of OP2, the complainant paid/ transferred Rs.1,50,000/- from his account to the account of OPs in advance viz. Rs.30,000/-; Rs.20.000/-; Rs.25.000/-; Rs.25,000/- and Rs.50.000/- respectively on 14.02.2015, 14.02.2015, 17.02.2015, 17.02.2015 and 03.03.2015 (copy of statement account is at pp 22-27). The O.P also confirmed the schedule of tour from 12 March 2015. However at the last minutes, the complainant's trip to Singapore was cancelled by the OPs as OPs could not arrange the Visa for Singapore, which was assured by them.
The complainant has asked refund of the amount paid and he is feeling aggrieved from the callous attitude of the OPs as he had on number of occasions requested them to refund the advance amount of Rs.1,50,000/- paid for tour package for Singapore. The complainant also wrote an e-mail dated 9.05.2015 (page no.15) and requested the OPs to refund the amount but OPs despite repeated requests and reminders failed to refund the amount. Thence, the wife and mother of the complainant had also visited the office of OPs on 10.05.2015, however, OPs requested the complainant and the complainant agreed to their proposal for sifting of tour package in July 2015 at the same cost excluding Visa
2.3: Thereafter, complainant himself applied for visa to the Singapore Embassy and also got the Visa from Singapore Embassy for himself and his wife. It was duly informed to OPs. But OPs having mala-fide intention failed to arrange the tour for Singapore as assured by them despite providing them all the relevant documents to them. When complainant requested the OPs repeatedly for refund of amount, but OP had refunded only Rs.25,000/- that too after numerous visits to the office of OPs and on repeated requests and reminders. There is no justifications or ground for OP to with-held complainant balance amount of Rs. 1,25,000/-. When the OPs failed to refund the amount, the complainant made a police complaint in November 2015 against OPs (at page 11 of paper-book) but the police initiated no action against OPs. The OPs are legally liable to refund the balance amount of Rs. 1,25,000/- along with interest @ 18% pa. There is also deficiency in providing the services to the complainant, apart from OPs are liable to compensate Rs.2,00,000/- the complainant
for harassment, mental torture, agony and humiliation caused to him for canceling the tour to Singapore, besides the OP is also liable to pay Rs.25,000/- as cost of litigation.
3.: The OPs were served with notices on complaint, however, they remained abstained from attending the proceeding, thus they were proceeded ex-parte on 08.11.2016.
4.1. (Evidence & Submissions) : The complaint led his exclusive evidence by way of filing affidavit, supporting it with the documents filed with complaint.
4.2. The complainant filed written arguments, which are on the lines of complaint/affidavit of evidence. At the stage of oral submission, there was pandemic wave of Covid-19, thus court notice was issued for appearance and it was served for date of hearing for 14.12.2022 but complainant failed to appear and it was scheduled for final hearing, if any, for 30.01.2023. Since complainant had not appeared, thus record and written arguments are being considered.
5.1 (Findings) : The case of complainant is considered keeping in view, the narration of complainant along-with documentary record, which are reconciling and corroborating each other. Moreover, the email exchanged between the parties are also proving the case of complainant that he had not only requested the OPs for
tour package to Singapore but complainant had also paid Rs.1,50,000/- into account of OPs by bank transactions, however, tour package was cancelled by OPs all of sudden. When refund of amount was asked but he was proposed other schedule for tour and it was also agreed by the complainant, again it was not materialized by OPs. The detailed facts & allegations, narrated in paragraph 2.2. to 2.4 above, are proved by the complainant against OPs and same remained un-contested and un-rebutted for want of appearance of OPs. Thus, complainant has proved his case against OPs of deficiency of services and of negligence, apart from non-refund of balance amount of Rs.1,25,000/-, accordingly the complainant is entitled for return of his balance amount by OPs.
Since, the complainant had parted with his money and OPs had not returned the amount, therefore, reasonable interest @6%pa from the date of filing of complainant till payment by OP is allowed in favour of complainant and against the OPs.
5.2: The complainant seeks compensation of Rs.2,00,000/- for harassment, mental torture, agony and humiliation caused to him for canceling the tour to Singapore and then the complainant, his wife and mother repeatedly approached the OPs for refund of amount, however, complainant even conceded to OPs other proposal for shift of schedule in July 2015 and he also obtained Visa but OPs had not arranged tour for Singapore. Thereafter, partly refund was made without any explanation. In this situation compensation of Rs.30,000/- in favour of complainant and against OPs will meet both ends of justice. The cost of litigation are also quantified as Rs.5000/- in favour of complainant and against the OPs.
5.3: Accordingly, the complaint is allowed in favour of complainant and against the OPs to return/pay jointly or severally a sum of Rs.1,25,000/- along-with simple interest of 6% p.a. from date of filing of complainant till realization of amount, apart from damages of Rs.30,000/- & costs of Rs.5000/- payable within 30 days from the date of receipt of this order.
6. Copy of this sent/provided forthwith to the parties free of cost as per Regulations.
7. It is necessary to record that hard difficulties are being faced every day for want of stenographer & P.A. in the regular functioning of this Commission as a single stenographer Gr-III is posted.
8. Announced on this 1st day of April, 2023 [चैत्र 11, साका 1945].
[Vyas Muni Rai] [ Shahina] [Inder Jeet Singh]
Member Member (Female) President
