DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

ISBT KASHMERE GATE DELHI

CC/174/2018

Sh. Mahesh Kumar,

S/o Sh. Meer Singh

R/o H.No. 224,

Khazoor Wali Gali No. 2,

Arvind Nagar, Ghonda,

M/s Royal Tours (Recognise)

Govt. of India, Ministry of Tourism,

128, Amrit Kaur Market,

Op. New Delhi Railway Station,

Paharganj, New Delhi-110055.…..OPPOSITE PARTY

Coram:       Ms. Rekha Rani, President

                   Ms. Manju Bala Sharma, Member

                   Dr. R.C. Meena, Member

ORDER

Ms. Manju Bala Sharma, Member

1. Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 alleging therein that the complainant booked a 16 seater AC tempo traveller with ice box from Delhi for 03.06.2018 and return from Shimla on 07.06.2018 and gave Rs. 5,000/- in advance to the OP.  On 03.06.2018 OP sent 12 seater AC tempo traveller instead of 16 seater AC tempo traveller for the said journey.  When complainant asked that he had booked 16 seater AC tempo traveller and not 12 seater, the staff of OP started abusing them.  Complainant informed OP for his negligence and asked OP to refund money which they received but OP refused to refund the same and threatened the complainant to face dire consequences if he demanded the refund.  Finding no other alternative, the complainant sent legal notice to the OP but no response has been received from it.  The conduct of the officials of OP is highly improbable and unjust by not refunding the amount of 4 seats to the complainant and instead of this they harassed the complainant mentally and financially. Pleading unfair trade practice on the part of OP, complainant prayed that OP be directed to refund his 4 seat’s amount as well as compensation of Rs.1,00,000/- for mental and physical harassment.
2. Notice was sent to OP but despite service of notice, OP did not enter appearance and was proceeded ex-parte.
3. Affidavit of evidence has been filed by the complainant. Complainant has placed on record the receipt of the booking of 16 seater AC tempo traveller with ice box issued by OP dated 23/05/2018 vide which an advance of Rs. 5,000/- has been paid by the complainant to OP. During the course of arguments, counsel for complainant submitted that as 16 seater AC tempo traveller with ice box was not sent by OP on 03.06.2019, complainant was compelled to go to Shimla by Himachal Road Transport and has placed on record the tickets vide which seat number 22-39 were reserved for 16 passengers on 03.06.2018 (Exhibit- CW1/A) and seat numbers 15, 17-31 were booked for 07.06.2018 from Shimla to Delhi (Exhibit- CW1/B). Legal notice dated 21.08.2018 (Exhibit- CW 1/C) sent to OP is placed on record along with the tracking report (Exhibit- CW 1/D). On perusal of the receipt issues by OP in favour of the complainant for the booking of 16 seater AC tempo traveller with ice box for the trip Delhi-Shimla-Delhi booked for 03.06.2018 to 07.06.2018, it is clear that the tour was booked for Rs. 33,800/- out of which Rs. 5,000/- was paid by the complainant as advance leaving the balance amount of Rs. 28,800/-.  OP has opted not to enter appearance after service of notice issued by this Forum and contest the claim of the complainant.  In the absence of anything in rebuttal to the contentions of the complainant we have no other option but to accept the same.  As OP has not sent the 16 seater AC tempo traveller with ice box as agreed upon between the parties, OP is liable to refund the amount of Rs.5,000/- received by it as an advance in lieu of the trip Delhi-Shimla-Delhi.
4.  In view of the facts and circumstances of the case, we direct the OP to refund Rs. 5,000/- received by it as an advance from the complainant and Rs. 5,000/- as compensation. The above said amount shall be payable by the OP within 30 days from the date of receipt of the order failing which interest @ 9% p.a. shall be awarded on the above said amount. Copy of this order be sent to the parties as per rules. File be consigned to record room.

Announced this         of              2019.