Chandigarh

DF-II

CC/54/2023

VIPIN KUMAR NEGI - Complainant(s)

Versus

SAROWAR HOLIDAY RESORTS INTERNATIONAL PVT. LTD. - Opp.Party(s)

02 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	54 of 2023
Date of Institution	:	30.01.2023
Date of Decision	:	02.11.2023

 

                     

            

 

Vipin Kumar Negi, House No.1B, BBMB Colony, Sector 36-A, Chandigarh.

                 ...  Complainant

Versus

 

1]  Sarowar Holiday Resorts International Pvt. Ltd., Village Batahar, Post Office Haripur, District Manali, Himachal Pradesh 175136

 

2]  Sarowar Holiday Resorts International Pvt. Ltd., SCO No.156-160, Second Floor, Sector 8C, Chandigarh.

    2^nd Address:-

Sarover Holiday Resorts International Pvt. Ltd., SCO No.156-160, Cabin No.220, 2^nd Floor, Sector 8-C, Chandigarh

 

…. Opposite Parties

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                  MEMBER

 

Present:

Complainant in person OPs No.1 & 2 exparte.

 

PER B.M.SHARMA, MEMBER

 

         Concisely put, the complainant being allured by the lucrative offers & assurances made by the representative of the OPs, purchased the Holiday package (Blue Standard Priority) of the OP Company by making payment of Rs.19,500/- on 17.4.2022 and accordingly, a Vacation Agreement was signed between the parties.  The complainant was also offered vacation benefit of 6N/7D for tenure of 3 years.  Thereafter, the complainant planned a trip to Goa in Oct., 2022 and as such applied with the OPs Online for booking of a trip in Goa on 19.11.2022  for the period from 20.11.2022 to 26.11.2022, but after waiting for 6 days, the complainant received email dated 26.11.2022 from the OPs to the effect that ‘your trial package is 3N/3D at Manali & another 3N/4D in India’. The complainant objected to the said claim of the OPs and strongly objected that at the time of offering package as well as in the agreement, package for 6N/7D for tenure of 3 years has been agreed.  The OPs initially agreed to settle the issue but did nothing nor resolve the issue.  Hence, this complainant has been preferred.      

 

2]      Despite due service, OP No.1 & 2 failed to put in appearance and as a result, the OP No.1 & 2 were ordered to be proceeded against exparte vide order dated 6.3.2023 & 26.07.2023 respectively.

 

3]       The complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person and thoroughly perused the documents on record. 

 

5]       It is well proved on record from Ann.C-1 that the complainant made payment of Rs.19,500/- to the OPs towards the Holiday Package of OPs and executed Vacation Agreement and the plan was for 3 years. The email placed on record as Ann.C-2 also proved that the complainant lodged his claim with the OP for booking of Goa trip but the OPs failed to provide the same. In our opinion, the non-providing of promised service to the complainant despite receiving consideration from complainant amounts to deficiency in service and unfair trade practice on the part of OP.

 

6]       Further, the non-appearance of the OP No.1 & 2 despite being duly served, to contradict the allegations in the present complaint, raised a reasonable presumption that they have nothing to contradict meaning thereby that they duly admitted the claim of the complainant.  Therefore, the deficiency in service and unfair trade practice on the part of the OPs No.1 & 2 is clearly made out, which certainly has caused harassment and loss to the complainant. 

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OPs. Therefore, the present complaint is allowed with direction to the Opposite Parties No.1 & 2 to refund an amount of Rs.19,500/- to the complainant along with lumpsum amount of Rs.10,000/- towards compensation for deficient services and indulging in unfair trade practice, which includes litigation cost as well.

         This order shall be complied with by the OP No.1 & 2 within a period of 90 days from the date of receipt of copy of this order.

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

Announced

02.11.2023                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER