Delhi

North East

CC/248/2014

Shyam Lal - Complainant(s)

Versus

Roma Tours & Travels - Opp.Party(s)

05 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.248/14

 

In the matter of:

 

	Shyam Lal S/o Shri Bholu Singh A-4, Main Street-A Block, West Jyoti Nagar, Delhi-94
		Complainant
	Versus
	Roma Tour & Travels 4779, 2nd Floor Main Road Chandni Chowk (Near Balli Maran Police Station) Delhi- 110006
		Opposite Party
Order

 

	DATE OF INSTITUTION:	23-06-2014
	DATE OF DECISION      :	05-11-2015

 

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

1. As per complainant two agents of OP namely Anil Kumar and Vikas Kumar contacted him in February 2014 and offered a Jammu & Kashmir tour to be conducted in June 2014, explaining certain facilities to be provided on tour. Said agent booked the tour for four persons of complainant’s family by receiving Rs. 10,000/- vide cheque No. 470841 on 25-2-14, as advance for ticket reservations. This cheque was cleared out of complainant’s account on 01-03-14. Thereafter, whenever complainant contacted on phone said Anil Kumar did not talk to him. Said Anil Kumar changed his mobile number also. On visiting the address given by said agent it was find out that the same was a vacant plot and Anil Kumar was not available there nor any alternate address was available. On 10-5-14 complainant visited the office of OP where it was settled that after deduction Rs. 200/- Rs. 9800/- shall be refunded to the complainant and complainant was asked to come on 6-6-14 to take the payment.   When on 6-6-14 complainant visited the OP Anil kumar and Vikas Kumar were not there but one Ms Nisha Sharma who threatened him to get him kidnapped. Being aggrieved complainant lodged complaints with Police Post, Ballimaran and PS Gokulpuri, Delhi; Complainant has prayed for the direction to OP to refund the amount of Rs. 10,000/- in double alongwith expenses of Rs. 90,000/-, he incurred for purchasing the things required for tour and other expenses in visiting OP’s office.
2. OP did not appear despite service and vide order dated     22-9-14 OP was proceeded against Ex-parte.
3. Affidavit of evidence filed by complainant alongwith documents.
4. Heard the arguments and perused the record.
5. As per statement of account and receipt, apparently issued by OP, amount of Rs. 10,000/- was paid by the complainant and received by OP on account of tour to Srinagar to be conducted in June 2014. Complainant has filed an undertaking, under the seal of OP and signed by some Ms Nisha Sharma as its proprietor, showing that she has undertaken to return Rs. 9800/- to complainant and two other persons against Rs. 10,000/-.  We also find a police complaint to SHO Gokulpuri and Police Post incharge at Ballimaran thereby complaining the fraud committed by OP’s agent against himself as well as other two of his colleagues. 
6. Considering all the above facts and evidences it is revealed that though it is proved that Anil Kumar & Vikas Kumar allegedly agents of OP have taken Rs. 10,000/- on the pretext of Jammu & Kashmir tour. But there is no copy of cheque for Rs. 10,000/- on record to show in whose name i.e. Anil Kumar or OP itself the cheque was issued. Statement of account placed on record also does not clarify this position. Bonafide of the undertaking of OP to return money is also doubtful as it is not on a proper letter head of the OP. Signatures of Ms Nisha Sharma are also not got verified by the complainant by filing any authentic document showing her signatures.  There is nothing on record to establish that these two were actually the agents of OP. We also observe that there is no document on record to show that on the aforesaid complaints lodged by the complainant Police had registered any FIR. These facts weakens the case against OP. Not only this the payment to Anil Kumar and Vikas Kumar was made outside and not in the office of OP. There is no document, explaining what were the terms of tour and what was the total cost of the tour, on record.
7. In view of the aforesaid discussion we are of the opinion that complainant has failed to prove his case against OP. Hence the complaint is dismissed. No order as to cost.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.

 

Announced on: - 05-11-2015       

           

                                     

                (N.K.Sharma)                                          (Nishat Ahmad Alvi)            

                   President                                                           Member