Delhi

West Delhi

CC/14/638

Arti Gujral - Complainant(s)

Versus

Rishab Bhardwaj - Opp.Party(s)

29 Sep 2014

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                     Date of institution           : 25.9.14

 

Case. No.DF-III/638/2014/                                                                   Date of order                   : 6.6.16

In the matter of :-

Mrs. Arti Gujral and Nitin Gujral

A-3/46, Janak Puri,

New Delhi-110058                                                                                    Complainants

Vs.

 

Sh. Rishab Bhardwaj,

Journey Trip.com

Shop No.309, C4C Market,

Near Surajmal Institute, Janak Puri,

New Delhi-110058.                                                                       Opposite Party

 (R.S. BAGRI, PRESIDENT)

O R D E R     

 

            The brief relevant facts for disposal  of the present complaint are that Ms. Arti Gujral and Nitin Gujral, complainants booked a package for 4 persons for Thailand with Rishab Bhardwaj from  Journey trip.com (OP)  on 24.7.14 for 9.8.14 for a sum of Rs. 1,02,000/- on payment of advance amount of Rs. 60,000/-.    On 31.7.14 Grand mother of the complainants was hospitalized in critical condition.   Therefore, the complainants cancelled  the trip on the same day and unfortunately the grand mother  of the complainants expired  on 03.08.14.

 

 

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            When the complainants contacted  the opposite party for refund of the advance.   The opposite party told the complainants  that the whole money is with Jet Airways and the complainants could get refund of Rs. 20,000/-only from the advance of Rs. 60,000/-   as the complainants failed to produce death certificate of their grand mother.   The complainants  provided death certificate of their grand mother to the opposite party.   Who told that it will take one and half months to refund the amount  by Jet Airlines.   The complainants asked  them to provide their PNR and ticket numbers so that they could  check status of their refund  with the Jet Airlines.   But the opposite party postponed on one pretext or the other  and lastly refused to supply their PNR Number and ticket Numbers.

 

 

            The opposite party on 9.9.14 promised that payment will be  released after deducting Rs. 1800-2000/- per ticket by the Airlines.    On 17.9.14, the opposite party refused to refund any amount as Jet Airlines has refunded             Rs. 42,000/- only.    He further told that as per the terms and conditions , the opposite party is entitled  to adjust  entire  advance as the trip was cancelled  by the complainants within 10 days from departure.   Hence, the present complaint for direction to the opposite party to pay sum of Rs. 60,000/- of advance money and compensation of Rs. 4.00 lacs towards physical  strain, mental pain, agony and sufferings to the complainants.

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            Notice of the complaint was sent to the  opposite party.   The opposite party appeared.   The opposite party failed to file reply despite availing many opportunities subject to payment of cost .    But  on  01.10.15 neither opposite

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party nor  his counsel appeared to pay conditional cost and to file its reply.   Therefore, opposite party was proceeded against ex-parte vide order dated 1.10.15.

 

            When the complainants were asked to lead ex-parte evidence.   The complainant  Ms. Arti Gujral one of the complainants filed her affidavit wherein she has again narrated facts of the complaint.    The complainant in support of their case have also relied upon  photocopies of invoice No.WVH/JT/20000811 dated 24.7.14, detail and terms and conditions of the booking dated 24.7.14.  E-mails of the complainants  dated 9.9.14 and 10.9.14, 12.9.14 and death certificate of Smt. Santosh Kumari.

 

            We have heard the complainants in person and have gone through the material on record carefully and thoroughly.

 

            From the perusal of the death certificate  of Smt Santosh Kumari, it reveals that she died on 3.8.14.   It further reveals that the complainants on 24.7.14 booked trip of Thailand for 9.8.14  for a sum of Rs. Rs. 1,02,000/- on payment of Rs. 60,000/- as advance with the opposite party.   The complainant asked the opposite party to cancel the trip and refund the advance.  On 31.7.14  as their grand mother was hospitalized  in serious condition and she died on 3.8.11.   Cancellation policy of the opposite party is as under :-

 

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• “Less than 30 days prior to departure – 35% of the total holiday cost or a minimum 20,000/- which ever is higher per person.
• Between 20-11 days of departure -70% of the total holiday cost per person.
• Between 10-6 days before departure – 100% of the total holiday cost person”.

 

                  It further reveals that the opposite party refused to refund the advance as the advance paid by the complainants is struck  with the Jet Airlines and hotel.

 

                  The version of the complainants  and documents relied upon  by them  have remained un-rebutted and unchallenged.   Therefore, there is no reason to disbelieve the un-rebutted and unchallenged version and evidence of the complainants.  The complainants from the un-rebutted and unchallenged version and evidence have been able to prove that they booked four seats  with opposite party on 24.7.14 for 9.8.14 for a sum of  Rs. 1,02,000/- on payment of Rs. 60,000/- as advance.   But unfortunately, their grand mother  seriously fell ill on 31.7.14 and died on 3.8.14.   Therefore, they had to cancel the trip.    The cancellation of the trip and booking was beyond the control of the complainants for unseen  and unavoidable  circumstances.    The opposite party denied  to refund  the advance on the ground that the amount paid by the complainant is struck with Jet Airlines and hotel but there is nothing on the file to show that how much  amount is paid by the opposite party to Jet Airlines  for booking the ticket  for  the  complainant  and  how much advance money is paid to hotel

 

1.  

For booking accommodation for the complainants as the opposite party failed to supply tickets,  PNR numbers and reservation of hotel to the complainant.   The cancellation policy is of no help to the opposite party.  First of all the booking was made on 24.7.14 for 9.8.14 and as per the terms and conditions  of the cancellation policy in case of cancellation of holiday trip in less then 30 days prior to departure 30% holiday cost  or minimum Rs. 20,000/- which ever is higher is to be adjusted, 70% is to be adjusted  in case of cancellation within 10-12 days and 100% adjusted in case of cancellation within 6-10 days.  The cancellation was due to unseen circumstances and death of close relation (grand mother of the complainants).  Therefore, they could not go on holiday trip within 5-7 days of death of their grand mother.  Even if the opposite party had paid any money  to Jet Airways for booking of tickets for complainants,  the cost of the ticket is refundable after deduction of nominal amount.   The hotel also can refund the amount after deducting some amount as the complainants intimated the opposite party for cancellation of the trip on 31.7.14 and the trip was to commence  on 9.8.14.    Hence, non refunding of advance money by the opposite party after adjusting  the amount if any deducted by Jet Airways and hotel amounts unfair-trade-practice and deficiency of service .   Hence, the complainants  are entitled  for refund of their money paid by them to the opposite party as advance after adjusting the amount actually paid by the opposite party to Jet Airways and hotel.

 

 

 

 

1.  

                  In the light of above discussion and observations, the complainants succeeded  to establish and prove that there is unfair-trade-practice on the part of the opposite party.    The complainants are entitled  for refund of their advance money.

 

                  Therefore, we direct the opposite party  to refund to complainant advance of Rs. 60,000/- received by them from the complainants, after adjusting the actual amount retained/deducted by the Jet Airways and hotel, if any.   The complainants  are also entitled for compensation of             Rs. 10,000/- towards mental pain, agony, sufferings and litigation expenses.

 

Order pronounced on   : 06.06.2016

 

• Compliance of the order be made within 30 days after receipt of the order.

 

• Copy of order be sent to the concerned parties free of cost.
• File be  consigned to record.

 

 

 

 

 

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT