DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/27

Date of Institution : 18.01.2018/29.11.2021

Date of Decision : 13.09.2022

Ram Sarup Sharma S/o Late Sh. Salig Ram Sharma, 458, Basant Avenue, Amritsar. 

  …Complainant

Versus

Sai Global Holidays, 80 Scindia House, Janpath, Cannaught Place, New Delhi, through its Manager/Partner/Prop/Authorized Signatory/ Concerned Official.  

…Opposite Party

Complaint U/S 12 and 13 of The Consumer Protection Act

Present: Sh. SS Channa Adv counsel for complainant.

Sh. Sumant Tuteja Adv counsel for the opposite party.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Sh. Navdeep Kumar Garg : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 12 and 13 of the Consumer Protection Act against Sai Global Holidays, New Delhi. (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that for the holy yatra of Amarnath the complainant contacted the opposite party via email and asked it to send the detail of the Amarnath Yatra Package for eight persons and accordingly the package detail was sent to the complainant by the travel consultant namely Irshad Hussain of the opposite party. The detail of the package was .-

Package Name: Amarnath Darshan Via Baltal

No of person 08 Adult

No of Room Room on double sharing

Travel month 6th July 2016

Travel Duration 03 Nights/Four days

Pick up Point Sri Nagar Airport

Dropping Point Sri Nagar Airport 

3. It is further alleged that on 18.3.2016 the complainant deposited Rs. 21,000/- INR by NEFT transaction in the account of the opposite party and same was acknowledged by the opposite party by issuing invoice of the same and on 5.7.2016 the complainant again deposited the remaining amount of Rs. 72,000/- through NEFT in the account of the opposite party. The complainant asked the opposite party to provide the detail itinerary of the package and on 8.6.2016 the detail itinerary of the package was sent to the complainant via email. On 6.7.2016 the complainant made a call to the opposite party and opposite party given a mobile number of one person namely Mehrajdin who pick up the complainant and his family members from Sringar Airport. On 6.7.2016 at 1.45 PM the complainant and other members reached at Srinagar Airport but nobody was there to pick them so complainant made call to Meharjdin who told that he does not have any information regarding their tour. The complainant made a call to the office of the opposite party and told them about the said incident but no satisfactory answer was given by the opposite party to the complainant rather they said that they are trying to arrange a person to pick up the complainant and other persons from Airport. At about 4.45 PM Mehrajdin sent one driver who picked up the complainant and other members from Srinagar Airport for Sonmarg. At Sonmarg the room was booked for complainant and other members and they also handed over helicopter tickets for Neelgram Village to Panchtarni to the complainant but timing of boarding was 2.15 PM instead of morning timing and the return tickets was of the date of 8.7.2016 instead of 7.7.2016. The complainant made a call to the opposite party and asked them to arrange the helicopter tickets in early morning schedule as the opposite party promised at the time of giving the package and also told them that it is specifically mentioned in their package itinerary that On the early morning of 7.7.2016 transfer of Baltal (Helipad)-Panchtarni helicopter ride and after darshan return back to baltal same day. But they did not pay any heed to the request of the complainant.

4. It is further alleged that with their own efforts the complainant and other members change the timing of helicopter service from noon to morning for 7.7.2016 but could not manage to get return tickets of helicopter for the same day therefore the complainant and other members had to hire ponies to come back to Panchtarni and paid the charges from their pockets. The complainant and other members reached hotel on the evening of 7.7.2016 at 9.00 PM and their luggage were lying in the clock room and their rooms have already been give to some other customers. When the complainant inquired about the same from the Manager of the hotel who told that no further booking for today was arranged by the opposite party. The complainant made so many calls to the opposite party but of no use. The complainant managed to arrange the accommodation very diffculty for themselves at same hotel and paid Rs. 10,900/- from their pockets. On 8.7.2016 the driver of the opposite party came to hotel and complainant and other members proceeded towards Srinagar where the room was booked. On 9.7.2016 morning the complainant made a call to the driver of the opposite party but he refused to drop the complainant and other members at Srinagar Airport so the complainant hire a driver who dropped them to Srinagar Airport. The opposite party did not provide service to the complainant and other members as per their itinerary even after receiving full amount of package, which amounts to deficiency in service and unfair trade practice. The complainant got issued a legal notice to the opposite party for the refund of Rs. 93,000/- alongwith interest but of no use. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to refund the amount of Rs. 93,000/- alongwith interest at the rate of 18% per annum till the realization of the amount. 

2) To pay Rs. 1,00,000/- on account of compensation for mental agony and harassment. 

3) To pay Rs. 11,000/- as litigation expenses.

4) Any other relief to which the complainant is found entitled. 

5. Upon notice of this complaint, the opposite party filed written statement taking preliminary objections that the present complaint is not maintainable and complainant has not come to this Forum with clean hands. Further, the complainant has no cause of action to file the present complaint. 

6. On merits, the opposite party admitted that for the Holy Yatra of Amarnath the complainant contacted the opposite party. All the contents of the complainant have totally denied by the opposite party. The entire complaint is full of concoction. The true facts are that the complainant booked package of Helicopter tour of Shri Amarnath Yatra. The said package was containing 3 night stay at Hotel Zahgeer Continental Srinagar, Breakfast and Dinner, Pick up and drop from Airport, day trip of Gulmarg, Neelgranth to Panchtarni, helicopter ticket Both Side. The ticket of helicopter never remains in control of any travel agency. The managing company of helicopter decides that whether the return ticket of same day will be given or not which is told to the complainant. Before two days from the start of journey the opposite party told the complainant that in these days the same day return ticket of helicopter are not available and they will get return ticket of helicopter of next day and they have to stay in Panchtarni at their own cost. The complainant agreed to this term and told the opposite party that if the ticket of next day is available then the opposite party should arrange first night stay at Sonmarg instead of Srinagar so the opposite party arranged the first night stay at Sonmarg in Hotel Mount View in the amount received for said package. The opposite party pick the complainant from Airport and on next day they were taken to helipad but the complainantat their own cancelled the return ticket of helicopter and get refund of the ticket and booked ponies to come back and returned to Mount View hotel on 7.7.2016 at 9.00 PM when they had to come on the next day i.e. on 8.7.2016 and at that time there was no room available in the said hotel, so they stayed in some other hotel at their own costs. The opposite party had booked another room for the complainant for 8.7.2016 in a hotel at Srinagar according to tour package but the complainant refused to come Srinagar and stayed at Sonmarg at his costs. On next day the driver of the opposite party took the complainant alongwith his associates to Srinagar. The complainant himself refused to visit Gulmarg as there was no time with him as per tour package and opposite party took them to Srinagar and on the last day of tour they dropped them at Airport. The opposite party was acting according to tour package give to the complainant. Heavy rush remains in Shri Amarnath Yatra so everything was pre-manager for the said tour of the complainant but they committed fault by canceling the return tickets of helicopter and returned back to Mount View hotel one day prior where there was no room booked for them. So, there is no deficiency in service on the part of the opposite party. Lastly, the opposite party prayed for the dismissal of the present complaint with costs.

7. To prove his case the complainant tendered in evidence his  own affidavit Ex.CW-1/A, copy of detail of package Ex.C-1, copy of detail of boarding passengers Ex.C-2, copy of net transaction report  Ex.C-3, copy of invoice for Rs. 21,000/- Ex.C-4, copy of certificate of paymemtn of Rs. 72,000/- Ex.C-5, Copy of bill issued by Hotel Sonmarg Palace Ex.C-6, copy of legal notice Ex.C-7, copy of postal receipt Ex.C-8   and closed the evidence. 

8. To rebut the case of the complainant the opposite party tendered in evidence affidavit of Abhishek Director Ex.OP-1/A, copy of helicopter ticket Ex.OP-1, copy of hotel bill Ex.OP-2, copy of hotel register Ex.OP-3 and closed the evidence.   

9. We have heard the learned counsel for the parties and gone through the record on the file.

10. It is admitted fact between the parties that the complainant contacted the opposite party for Holy Yatra of Amarnath. The payment of tour amounting to Rs. 93,000/- is not denied by the opposite party. It is also admitted by both the parties that the opposite party sent details of the tour to the complainant Ex.C-1.

11. As per tour details Ex.C-1 on 6.7.2016 the representative of the opposite party met the complainant and proceed to Srinagar Shikara ride in Dal lake. It is also mentioned in the tour details that on 7.7.2016 early morning the complainant with family members transfer to Baltal Helipad for helicopter ride. The Helicopter start operating 6.00 Hours if weather permitting. After darshan return back to Baltal same day/next day depends on weather conditions. In this tour details Ex.C-1 it is mentioned that all the three nights are at Srinagar. So, from this details the opposite party already told the complainant that booking of helicopter tickets depends on the weather condition and it never remains in control of any travel agency. The opposite party mentioned in their written version that before two days from the start of journey it was told to the complainant that in these days the same day return tickets of helicopter are not available and if they will get return ticket of helicopter of next day and the complainant and other members have to stay in Panchtarni at their own costs. The complainant agreed to this term and told the opposite party that if the ticket of next day is available then the opposite party should arrange first night stay at Sonmarg instead of Srinagar and it is proved on the file that opposite party arrange first night stay at Sonmarg in Hotel Mount View only on the asking of the complainant in the amount received for the said package. In this way, there is no fault of the opposite party of stay of the complainant and his family members at Sonmarg rather it was due to the choice of the complainant.

12. Further, it was already told to the complainant by the opposite party that the helicopter tickets booked as per weather conditions. The opposite party on 7.7.2016 took the complainant to helipad but return tickets of 8.7.2016 were cancelled by the complainant himself and booked ponies to come back as per their own choice. With regard to booking of the night of 7.7.2016 at Sonmarg, the opposite party mentioned in the tour details that all the nights stay of tour at Srinagar so there is no booking of 7.7.2016 at Sonmarg, therefore, there is no fault of the opposite party for not booked the hotel at Sonmarg. The booking of night stay on 8.7.2016 was also at Srinagar but complainant and his family members not come to Srinagar and stayed at Sonmarg so with regard to stay of 8.7.2016 at Sonmarg there is no fault of the opposite party, as the opposite party booked the hotel at Srinagar for all the three nights rather they booked the first night stay on 6.7.2016 at Sonmarg only on the demand of the complainant. On 8.7.2016 as per tour details after breakfast proceed to Gulmarg and return back to Srinagar but as the complainant not come back to Srinagar and stayed at Sonmarg so there is no question of visiting Gulmarg on 8.7.2016. On 9.7.2016 the driver of the opposite party took the complainant with his associates to Srinagar. The complainant and his associates themselves refused to visit Gulmarg on 9.7.2016 as they have no time for it, so the representative of the opposite party dropped them at Airport. 

13. From the above discussion, the opposite party planned all the tour as per tour details Ex.C-1 but it is the complainant who has not proceeded his journey as per the tour plan. Firstly, he stayed on 6.7.2016 at Sonmarg instead of Srinagar and then on 7.7.2016 the complainant stayed at Sonmarg instead of Srinagar as per his own wish. Further, on 8.7.2016 the complainant with his associates stayed at Sonmarg so there is no question of visit of Gulmarg. So, in our view the opposite party had given their best services even more than as mentioned in the tour details Ex.C-1. Therefore, there is no deficiency in service and unfair trade practice on the part of the opposite party. 

14. In view of the above discussion, there is no merit in the present complaint and same is hereby dismissed. However, no order as to costs and compensation. Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        13th Day of September 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Navdeep Kumar Garg)

Member