Chandigarh

DF-II

CC/349/2015

Shifali Gupta - Complainant(s)

Versus

Sara trip Media - Opp.Party(s)

Sh. Puneet Tuli Adv.

11 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	349/2015
Date of Institution	:	07.07.2015
Date of Decision	:	11/09/2015

 

                       

                       

Shifali Gupta, aged about 29 years resident of #103, GH-8, Sector 20, Panchkula, Haryana.

                   ...  Complainant.

Versus

Sara Trip Media, SCO No.1100, Cabin No.22, Top Floor, Sector 22-B, Chandigarh through its Proprietor.

…. Opposite Party.

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:

Sh.Gaurav Bhardwaj, Advocate for the complainant

OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.      In brief, the case of the complainant is that she planned to visit Kathmandu, Pokhara and Chitwan in Nepal alongwith her husband in month of April, 2015 and accordingly she got the air tickets (Annexure C-1) booked on her own from spice jet  to be boarded on 26.04.2015 from New Delhi to Kathmandu and return ticket for 01.05.2015 from Kathmandu to New Delhi.  It has been averred that after consulting number of agents, she opted to go with the OP as the itinerary (Annexure C-2) given by the OP, suited to her.  The complainant booked the package of 5 nights and 6 days with the OP for Rs.11,000/- per person and thereafter the OP told her to deposit an amount of Rs.24,000/- instead of Rs.22,000/- towards the package and on enquiry, she was told that due to appreciation in rents of hotels, the amount has to be paid and accordingly she paid Rs.24,000/- through cheque dated 10.04.2015. A copy of the bank statement is Annexure C-3. Subsequently, on 16.04.2015, the OP sent the vouchers (Annexure C-4) to the complainant which were to be utilized in Nepal in the above said places in different hotels. It has further been averred that when she and her husband boarded the train from Chandigarh to New Delhi on 25.04.2015 and while they were on their way to New Delhi, they came to know that a major earthquake shook Nepal resulting into heavy loss of life and the airport at Kathmandu was closed and all the flights from New Delhi were cancelled. It has further been averred that she tried to contact the OP on mobile phone a number of times but it did not respond and as such her husband  sent an e-mail dated 25.04.2015  (Annexure C-6) asking the OP to suggest further course of action but to no effect.  It has further been averred that when nothing was heard, the complainant alongwith her husband came back to Chandigarh and requested to the OP to refund the amount, aforesaid but to no effect.  The complainant sent a number of e-mails(Annexure C-7 (Colly.) in this regard but all in vain.  It has further been averred that even the airlines had refunded the price of the air tickets without any dedications. It has further been averred that non-refund of the amount of Rs.25,000/- despite her repeated requests and writing of e-mails amount to deficiency in service and unfair trade practice on the part of the opposite party, the complainant has filed the instant complaint.
2.      The OP did not put in appearance and as such it OP was proceeded against exparte on 18.08.2015.
3.      We have heard the learned counsel for the complainant and have gone through the documents on record.
4.      In her exparte evidence, the complainant has placed on record her detailed affidavit reiterating the averments as made in the complaint. She has placed on record the documents Annexures C-1 to C-9 in support of the averments made in the complaint.  Due to disastrous earthquake in Nepal, the complainant and her husband could not avail the package in Nepal and she even contacted the OP on its mobile number but it did not respond. The complainant has specifically deposed in her affidavit despite writing number of e-mails and making repeated requests, the OP has failed to refund the amount of Rs.24,000/- charged on account of the package of 5 Nights and 6 days in Nepal. The evidence led by the complainant has gone uncontroverted. The Opposite Party despite due service did not dare to contest the case and, as such, it can be concluded without any hesitation that either it admits the claim of the complainant or has nothing to say in the matter. Keeping in view facts and circumstances of the case, we are of the considered view that the complainant is entitled for the refund of Rs.24,000/- from the OP which she paid to it towards the booking of the hotels at Nepal. In our considered view, non-refund of the amount of Rs.24,000/- aforesaid despite repeated requests and e-mails of the complainant amounts to deficiency in service as well as indulgence into unfair trade practice on the part of the OP.
5.      In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Party is directed as under ;-

1. To refund Rs.24,000/- to the complainant. 
2. To pay Rs.8,000/- as compensation for  mental agony and harassment caused to the complainant
3. To pay Rs.5,500/- as costs of litigation.

This order be complied with by the Opposite Party, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) and (ii) above shall carry interest @ 9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11/09/2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER