Chandigarh

DF-II

CC/21/2021

Ramesh Chander Gupta - Complainant(s)

Versus

Riya Tours and Travel Private Limited - Opp.Party(s)

Adv. Krishan Kumar Thakur

23 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	21/2021
Date of Institution	:	06.01.2021
Date of Decision	:	23.08.2022

 

                     

            

 

1. Ramesh Chander Gupta s/o Late Sh.Nand Lal aged about 77 years r/o H.No.2059, Sector 21-C, Chandigarh.

 

2. Kusum Gupta aged about 72 years wife of Ramesh Chander Gupta s/o Late Sh.Nand Lal r/o H.No.2059, Sector 21-C, Chandigarh

                 ...  Complainants.

Versus

1. Riya Tours and Travel Private Ltd., having its  Corporate Office at M-1, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai, Maharashtra-400059 through its Chairman and Managing Director.
2. Mr.Varun Rana, Branch Manager, Riya Tours and Travel Private Ltd., SCO 2474, Ground Floor, Sector 22-C, Chandigarh-160022.
3. Mr.Vishal, Accounts Manager, Riya Tours and Travel Private Ltd., SCO 2474, Ground Floor, Sector 22-C, Chandigarh-160022.

…. Opposite Parties

 

 

BEFORE:
	SMT.PRITI MALHOTRA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Krishan Kumar Thakur, Adv. for complainant
	Sh.Sunil K Shore, Adv. for the OPs.

 

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that in January, 2020 the complainant approached the OPs for booking of a complete travel package for Dubai which includes VISAs, Air Travel Tickets, Hotel bookings and other travel related services. Believing the OPs in good faith, the complainants agreed to pay an amount of Rs.12000/- for VISA and Rs.28000/- for Return Air Travel Tickets. The complainants paid Rs.40000/- in cash against receipt dated 07.02.2020. The complainants were told that the total cost for the booking of complete tour package for Dubai, including of all transfers, hotel bookings, site seeing and other services was to be Rs.93,000/-. He paid Rs.13,000/- in cash against receipt dated 19.02.2020 (Annexure C-2).  He paid Rs.80,000/- by way of two cheques dated 19.02.2020 (i.e. Rs.40,000/- each).   In totally, he paid Rs.1,33,000/- to the OP for the complete travel and tour package for Dubai.   On demanding confirmation regarding the tour package as booked , it was told by the OPs that the package booking confirmation is kept on hold in view of the travelling dates but the confirmation for air tickets and VISAs of both the complainants were given.  Since all kind of travel was banned due to covid-19 pandemic, the complainant was assured by the OPs that the complete amount was to be refunded without making any deduction as no package confirmation was given.  However, the deposited amount has not been refunded to him despite his requests and finally, he got served a legal notice dated 12.11.2020 upon the OPs but the same has also failed to yield any result. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.  
2.     In its written statement, the OPs  have admitted that initially, the complainants deposited Rs.40,000/- on 07.02.2020 and thereafter on 19/25.02.2020, they have made the payments of Rs.93,000/- for the services to be provided as a tour package.  It has further been stated that a sum of Rs.29,000/- were paid to the airlines for booking of the air tickets and Rs.11,200/- to the office of Dubai embassy towards visa application cost and the tour package was subject to visa granted by the embassy and the cost of visa once paid was not to be refunded.  It has further been stated that due to covid-19 restrictions imposed by the Govt. of India and the instructions received by the complainants regarding cancellation of the travel package, the OPs took measures for the complete refund of the amount from the airlines as well as for the complete refund of visa amount. But the Embassy refused to refund Rs.11,200/- towards the visa charges to the OPs which fact was conveyed to the complainant.  It has further been stated that the complete refund for the air tickets was received by the OPs in October, 2020 and the OPs informed the complainants regarding the refund of Rs.1,21,800/- (Rs.1,33,000/- minus Rs.11,200/- non-refund amount of visa charges) was to be processed latest by the end of November, 2020. Subsequently, the OPs requested the complainants for providing the bank details and to settle the account but they have refused to accept the refund of Rs.1,21,800/-.  The receipt of the letter dated 12.11.2020 has not been denied. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.     We have heard the Counsel for the contesting parties and have gone through the documents on record as well as written submissions of the complainant.
4.     The documentary evidence placed on record by the parties shows that the OPs had received a sum of Rs.1,33,000/- against receipts (Annexure C-1 to C-4) from the complainants for rendering their services towards booking of the complete travel/tour package to Dubai. However, due to covid-19 pandemic and restrictions/lockdown, the travel plan of the complainants was cancelled and they requested the OPs to refund the aforesaid amount, which has not been refunded by the OPs so far.
5.     The defence of the OPs is that they have received a sum of Rs.1,21,800/- only out of Rs.1,33,000/- minus Rs.11,200/- on account of non-refund of visa charges from the concerned embassy in the month of October, 2020 and thereafter they requested the complainants in the month of November, 2020 to provide the bank details for credit of the said amount into their account but they have refused to accept the same.
6.     However, the aforesaid submission of the OPs has been rebutted by the Counsel for the complainants by placing reliance upon e-mail dated 03.07.2020 at page 22 of the complaint to show that the complainants have already provided the account details to the OPs for credit of the said amount into their account but despite receipt of the said account details, the OPs did not bother to credit the aforesaid amount. Due to the adamant/lackadaisical attitude of the OPs, the complainants have to file the instant complaint seeking refund of the deposited amount.  Failure on the part of the opposite parties to credit the aforesaid amount of Rs.1,21,800/- into the account of the complainants, therefore, certainly amounts to deficiency in service as also unfair trade practice and the complaint deserves to be allowed. 
7.     In view of above observations, the present complaint is allowed against the Opposite Parties with directions as under:-

 

1. To refund Rs.1,21,800/- to the complainant along with interest @ 7% p.a. from the date of its receipt till its realization.  
2. To pay Rs.15,000/- to the complainant towards compensation for harassment
3. To pay Rs.10,000/- as litigation expenses.

8.     This order be complied with by the OPs, within 30 days from the date of receipt of its certified copy, failing which the awarded amounts at Sr.No.(a) & (b) shall carry interest @ 9% per annum from the date of this order till actual payment.
9.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 23/08/2022
	Sd/- (PRITI MALHOTRA) PRESIDING MEMBER   Sd/-
	(B.M.SHARMA) MEMBER