Order dictated by:
Sh.Anoop Sharma, Presiding Member.
1. Sh.Ram Sarup Sharma has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 on the allegations that he is a law abiding citizens of India and is a permanent residents of Amritsar. For the holy yatra of Amranath the complainant contacted the Opposite Party via e-mail and asked it to send the detail of the Amarnath yatra Package for eight persons accordingly the package detail was sent to the complainant by the Travel Consultant namely Irshad Hussain of the Opposite Party. The detail of the package was:-
Package name: Amarnath Darshan Via Baltal.
No.of Person 08 Adult.
No.of Room Room on double sharing
Travel Month: 06th July, 2016
Travel Duration: 03 Nights/ Four days
Pick Up Point: Sri Nagar Air Port
Dropping Point: Sri Nagar Air Port.
Thereafter, on 18.3.2016 the complainant deposited Rs.21000/- INR by NEFT transaction in the account of Opposite Party and the same was acknowledged by the Opposite Party by issuing invoice of the same and on 5.7.2016 the complainant again deposited the remaining amount of Rs.72000/- INR through NEFT in your account. Thereafter, the complainant asked the Opposite Party to provide the detail Itinerary of the package and on 8th June, 2016, the detail of Itinerary of the package was sent to the complainant via e-mail. Prior to leave Amritsar for Sri Nagar on 6th of July, 2016 the complainant made a call to the Opposite Party and the Opposite Party given a mobile number of one person namely Mehrajdin who will pick up the complainant and his family members from Sri Nagar Air Port. On 6th of July, 2016 at about 1.45 pm the complainant and other members reached at Sri Nagar Air Port and after reaching the complainant found no body was there to pick them, therefore, the complainant made call to Mehrajdin whose mobile number was given to the complainant by Opposite Party, but firstly he did not pick up the phone of the complainant and when he picked up the phone of the complainant, he told the complainant that he does not have any information regarding their tour programme and no instructions has been given to him by Opposite Party regarding their visit. Thereafter, the complainant made a call to the office of Opposite Party at New Delhi told them about the above mentioned incident but no satisfactory answer was given by the Opposite Party to the complainant, rather the official of the Opposite Party said that they are trying to arrange a person to pick up the complainant and other persons from Air Port. At about 4.45 pm Meharajdin sent one driver who picked up the complainant and other members from Sri Nagar Air Port for Sonmarg. At Sonmarg, room was booked for the complainant and other members at Mount view hotel. When the complainant and other members saw the timing of the boarding of helicopter journey that was 2.15 pm instead of morning timing and the return tickets was of the date of 8th of July, 2016 instead of 7th of July, 2016 then immediately the complainant made a call to the Opposite Party and asked them to arrange the helicopter tickets in early morning schedule as the Opposite Party promised at the time of giving the package and also told them that it is specifically mentioned in their package Itinerary that “ On the early morning of 7th of July, 2016 transfer to Baltal (Helipad)- Panchtarni helicopter ride & after darshan return back to baltal same day”. But the official of the Opposite Party did not pay any heed towards genuine request of the complainant and turned deaf ear. Thereafter, with their own efforts the complainant and others managed to change the timing of the helicopter service. Other facts have duly been mentioned by the complainant in paras No. 11 to 15 of the complaint. In this way, the Opposite Party did not provide the service to the complainant and other members as per their Itinerary, even after receiving the full amount of package and the above said acts of the Opposite Party tentamounts to deficiency in service, unfair trade practice for which the complainant and others have to suffer a lot of inconvenience, mental pain and harassment at the hands of the Opposite Party. The complainant has prayed for the following reliefs through the instant complaint.
a) Opposite Parties be directed to refund the amount of Rs.93000/- as paid by him alongwith interest @ 18% per annum till its realization of amount.
b) Opposite Parties be directed to pay Rs.11,000/- as costs of litigation.
c) Opposite Parties be directed to pay compensation of Rs.1,00,000/- for deficient services and for causing harassment and mental agony to him.
Hence, this complaint.
2. Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Parties and as such, the Opposite Parties were ordered to be proceeded against exparte.
3. In his bid to prove the case, complainant tendered his duly sworn affidavit Ex.CW1/A in support of the allegations made in the complaint and also produced copy of the brochure on website Ex.C1 to Ex.C8 and closed the exparte evidence.
4. We have heard the representative of the complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that for the holy yatra of Amranath the complainant contacted the Opposite Party via e-mail and asked it to send the detail of the Amarnath yatra Package for eight persons accordingly the package detail was sent to the complainant by the Travel Consultant namely Irshad Hussain of the Opposite Party. The detail of the package was:-
Package name: Amarnath Darshan Via Baltal.
No.of Person 08 Adult.
No.of Room Room on double sharing
Travel Month: 06th July, 2016
Travel Duration: 03 Nights/ Four days
Pick Up Point: Sri Nagar Air Port
Dropping Point: Sri Nagar Air Port.
Thereafter, on 18.3.2016 the complainant deposited Rs.21000/- INR by NEFT transaction in the account of Opposite Party and the same was acknowledged by the Opposite Party by issuing invoice of the same and on 5.7.2016 the complainant again deposited the remaining amount of Rs.72000/- INR through NEFT in your account. Thereafter, the complainant asked the Opposite Party to provide the detail Itinerary of the package and on 8th June, 2016, the detail of Itinerary of the package was sent to the complainant via e-mail. Prior to leave Amritsar for Sri Nagar on 6th of July, 2016 the complainant made a call to the Opposite Party and the Opposite Party given a mobile number of one person namely Mehrajdin who will pick up the complainant and his family members from Sri Nagar Air Port. On 6th of July, 2016 at about 1.45 pm the complainant and other members reached at Sri Nagar Air Port and after reaching the complainant found no body was there to pick them, therefore, the complainant made call to Mehrajdin whose mobile number was given to the complainant by Opposite Party, but firstly he did not pick up the phone of the complainant and when he picked up the phone of the complainant, he told the complainant that he does not have any information regarding their tour programme and no instructions has been given to him by Opposite Party regarding their visit. Thereafter, the complainant made a call to the office of Opposite Party at New Delhi told them about the above mentioned incident but no satisfactory answer was given by the Opposite Party to the complainant, rather the official of the Opposite Party said that they are trying to arrange a person to pick up the complainant and other persons from Air Port. At about 4.45 pm Meharajdin sent one driver who picked up the complainant and other members from Sri Nagar Air Port for Sonmarg. At Sonmarg, room was booked for the complainant and other members at Mount view hotel. When the complainant and other members saw the timing of the boarding of helicopter journey that was 2.15 pm instead of morning timing and the return tickets was of the date of 8th of July, 2016 instead of 7th of July, 2016 then immediately the complainant made a call to the Opposite Party and asked them to arrange the helicopter tickets in early morning schedule as the Opposite Party promised at the time of giving the package and also told them that it is specifically mentioned in their package Itinerary that “ On the early morning of 7th of July, 2016 transfer to Baltal (Helipad)- Panchtarni helicopter ride & after darshan return back to baltal same day”. But the official of the Opposite Party did not pay any heed towards genuine request of the complainant and turned deaf ear. Thereafter, with their own efforts the complainant and others managed to change the timing of the helicopter service. In this way, the Opposite Party did not provide the service to the complainant and other members as per their Itinerary, even after receiving the full amount of package and the above said acts of the Opposite Party tentamounts to deficiency in service, unfair trade practice for which the complainant and others have to suffer a lot of inconvenience, mental pain and harassment at the hands of the Opposite Party. The evidence produced by the complainant has gone unrebutted on record as the Opposite Parties, despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint. The complainant has sought for refund of amount of Rs.93000/- besides compensation to the tune of Rs.1,00,000/-. In our considered view, all the Opposite Parties are jointly, severally and co-extensively liable to refund the amount of Rs.93000/- to the complainant. But however, the claim for compensation to the tune of Rs.1,00,000/- is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded compensation to the tune of Rs.2000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.1000/-. Opposite Parties are granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 9% per annum from the date of passing the order until full and final payment. All the Opposite Parties are held liable jointly, severally & co-extensively to comply with the order. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated: 16.01.2017.
