DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                   Complaint no. 694                                                                                      

                                                                    Instituted on:  14.12.2016

                                                                   Decided on:    02.03.2017

Rahul Garg son of Sh. Raj Kumar resident of Khalifa Bagh Gali No.5 House No.373, Dhuri Road, Sangrur.

                                                …. Complainant.      

                   Versus

Ritual Holidays, 2172/5, 2nd Floor, Guru Arjun Nagar, Metro Pillar No.226, New Delhi, through its Managing Director.

      ….Opposite party.

FOR THE COMPLAINANT:    Shri B.S.Dhaliwal  Advocate                          

FOR THE OPP. PARTY      :     Exparte                   

Quorum

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

ORDER:  

Sukhpal Singh Gill, President

1.             Rahul Garg complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that  he booked holiday package for 9 persons i.e. 6 adults, 3 children for Srinagar for the period from 03.06.2016 to 07.06.2016 and paid an amount of Rs.1,00,000/- to the OP. On 03.06.2016 when the complainant reached at Srinagar then he paid Rs.1,18,000/-  to the representative of the OP as per package amount but  the OP failed to provide number of facilities which were mentioned in the schedule i.e OP failed to give five rooms and only gave three rooms at Kashmir Residency and also failed to give houseboat, gorilla rides, Shikara rides etc.  Thereafter the complainant approached the OP  and told about incomplete package then OP promised  to refund Rs.50,000/- within short span but despite sending number of emails OP failed to refund the amount promised.  Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to refund  the  amount of Rs.50,000/- along with interest @18% per annum from the date of booking of tour  till realization,

ii)     OP be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay an amount of Rs.5500/- on account of litigation expenses.

2.             Notice was issued to the OP but despite service the OP did not appear and as such the OP was proceeded exparte.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-10 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant booked a holiday package for nine persons for  Srinagar  for the period from 03.06.2016 to 07.06.2016 and paid an amount Rs.1,00,000/- to the OP which is evident from the payment receipt issued by the OP Ex.C-7. The complainant's grievance in this case is that the OP failed to provide the facilities/things as per schedule as they failed to provide  five rooms in Kashmir Residency, houseboat, gorilla rides, shikara rides etc. Thereafter the complainant approached the OP and told about the incomplete package then the OP promised to pay an amount of Rs.50,000/-within short span but despite sending a number of emails to the OP they did not pay the promised amount. From the perusal of the complaint, we find that the complainant has stated in the complaint that the OP had promised to pay an amount of Rs.50,000/- and he  sent number of emails to the OP in this regard but surprisingly the complainant has not produced any record/document  which could show that the OP had made a promise with the complainant to refund/pay an amount of Rs.50,000/- and  further the complainant has not produced any copy of email sent to the OP or received from it regarding refund of the said amount. The complainant has produced on record copies of legal notices dated 03.08.2016 and 03.10.2016 Ex.C-2 and Ex.C-3 respectively but here again it is surprising that the complainant sent legal notices after about elapse of  two/ four months from the completion of his tour. The complainant himself has produced on record copy of reply to the legal notice received from the OP wherein it has been mentioned by the OP that " before  giving confirmations/consent and before giving payment to my client (OP), my clients (OP) sent a  mail from his official mail-id to your client 's mail-id  in which my client sent revised Tour plan along with terms and condition of the company my client used word " Tentative" means not final not confirm, change may be possible according to  condition and circumstances".

5.             In view of the facts stated above, we find that the complainant failed to prove his case by producing cogent and reliable evidence on record.  Accordingly, we dismiss the complaint of the complainant. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                March 2, 2017

                 ( Vinod Kumar Gulati)        ( Sarita Garg)                   (Sukhpal Singh Gill)                                                                                      

                             Member                   Member                         President