Chandigarh

DF-I

CC/259/2023

Capt. HARDEV SINGH SAINI (Retd) - Complainant(s)

Versus

RANJAN KOCHHAR - Opp.Party(s)

BRIG. B.S.TAUNQUE

03 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/259/2023
Date of Institution	:	16.5.2023
Date of Decision	:	3/1/2024

 

Capt. Hardev  Singh Saini (Retd.) son of Sh. Jai Singh resident of H. No.3963, Sector 47-D, Chandigarh.

… Complainant(s)

V E R S U S

Ranjan Kochhar C/o Ranjan Travels Shop No.387, Sector 32-D, Chandigarh        

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                                               

ARGUED BY	:	Brig. B.S. Taunque (Retd.) Advocate for complainant
	:	OPs exparte

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP. The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the complainant is a retired army officer and  is senior citizen and his daughters are living abroad  and in order to meet his daughters in Canada for ring ceremony of his grandson, the complainant approached to OP Travel  agent  for purchase of two air tickets  of British Airways from Chandigarh to Vancouver (Canada) and accordingly the complainant paid an amount of Rs.1,53,000/-  to the OP by transferring the same from his account  in the account of the OP and the copy of   statement of account is annexed as Annexure C-1.  Thereafter two air tickets  of British Airways were confirmed by the OP to the complainant for travel  from Delhi to London and from London to Vancouver, Canada on 4.5.2020 and return ticket from Vancouver to London and from London to Delhi for 17.9.2020. However, due to sudden covid-19 outbreak the tickets were cancelled and the visit was postponed. The copy of  subject tickets  are annexed as Annexure
   C-2 .Thereafter the complainant again approached the OP  for purchasing fresh tickets for their travel to Vancouver, Canada  for which the OP demanded additional amount of Rs.1,00,000/- from the complainant for purchase of upper class tickets. The complainant accordingly issued cheque dated 3.3.2020 to the OP  which was duly encashed by him and in this manner, the complainant paid a total amount of Rs.2,53,000/-  to the OP. Thereafter despite of receiving the amount, the OP had not supplied the fresh air tickets nor refunded the amount of Rs.2,53,000/- to the complainant. Thereafter the complainant approached  the OP several times by calling him as well by chatting with him through whatsapp  and every time the OP assured the complainant that the aforesaid amount will be refunded.  The whatsapp chat is annexed as Annexure C-3. The complainant repeatedly requested the OP even through mail to refund the amount but with no result. On 1.6.2022  the OP transferred a sum of Rs.10,000/- in the account of the complainant and had also paid Rs.10,000/- in cash. The complainant approached the Senior Superintendent of Police, Chandigarh and lodged complaint with him against the OP.  Thereafter the  OP further refunded Rs.7,500/- on 24.1.2023, Rs.7,500/- on 27.1.2023 and Rs.5000/- on 6.2.2023 and later on refunded another amount of Rs.7,500/- on 10.5.2023.  In this manner the OP has  only refunded an amount of Rs.47,500/- i.e. partial amount and did not refund the balance amount, despite of repeated requested. The aforesaid act of OP amounts to deficiency in service and unfair trade practice. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP  was properly served and when OPs did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 25.9.2023.

2. In order to prove their case, complainant has tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that  the complainant has firstly paid an amount of Rs.1,53,000/- to the OP vide cheque dated 27.2.2019 and has later on paid further an amount of Rs.1,00,000/- vide cheque dated 3.3.2020 for fresh ticket and the said amounts were later on debited from the account of the complainant and credited into the account of the OP as is evident from Annexure C-1, for the purchase of the subject tickets from Delhi to London and further from London to Vancouver Canada for  4.5.2020, and for return journey from Vancouver to London and from London to Delhi for 17.9.2020 as is evident from Annexure C-2and due to COVID-19 outbreak,  the subject tickets were cancelled but the OP neither issued fresh ticket to the complainant nor refunded the entire amount, the case is reduced to a narrow compass as it is to be determined if there is any deficiency of service on the part of the OP and the complainant is entitled for the relief as prayed for and for that purpose the  documentary evidence led by the complainant is required to be scanned carefully.
   2. Annexure C-1 is the copy of statement of account which shows that the complainant had transferred an amount of Rs.2,53,000/- in the account of the OP for purchase of the subject tickets. Annexure C-2  are  the copy of confirmed subject tickets from Delhi to London  and London to Vancouver  and return ticket from Vancouver to London and London to Delhi booked  for 4.5.2020 and 17.9.2020/18.9.2020 respectively.
   3. Perusal of whatsapp messages Annexure C-3 clearly indicate that the OP had assured the complainant that the aforesaid amount was paid by the complainant to the OP  and same will be refunded to the complainant and the complainant has also admitted that he has already received an amount of Rs.47500/- towards partial refund from the OP and only an amount of Rs.2,05,500/-  is due which has not been refunded to him despite of repeated requests and the complainant is entitled for the aforesaid amount. Not only this, even Annexure C-4  the mail sent by OP to complainant clearly indicates that the OP had agreed to pay an amount of Rs.2,53,000/-. Annexure C-5 is the copy of legal notice sent by complainant to the OP but the same was not replied by the OP. Annexure C-7 the copy of complaint filed by the complainant against the OP with the  SSP Chandigarh.
   4. Perusal of entire documentary evidence led by complainant as discussed above  which has gone unrebutted by the OP clearly proves that the OP while receiving an amount of Rs.2,53,000/- from the complainant for booking of to and fro ticket from Delhi to Vancouver and Vancouver to Delhi for 4.5.2020 and 17/18.9.2020  had neither issued fresh tickets to the complainant and his wife nor refunded the entire amount received by the OP from the complainant and the aforesaid act of OP amounts to deficiency in service and unfair trade practice, , especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed and the OP is liable to refund the balance amount of Rs.2,05,500/- to the complainant alongwith interest.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds and the same is hereby partly allowed and OP is directed as under :-

1. to refund ₹2,05,500/- to the complainant alongwith interest @ 9% per annum from the date of last payment of Rs.1.00 lakh made by the complainant to the OP i.e. on 3.3.2020 till onwards.
2. to pay an amount of ₹25,000/- to the complainant(s) as compensation for causing mental agony and harassment to her/him/them;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within 45 days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 3/1/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member