Delhi

StateCommission

A/78/2015

ARYAN TRAVEL POINT & ANR. - Complainant(s)

Versus

SH. JAI DEV - Opp.Party(s)

30 Oct 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :30.10.2018

Date of Decision : 02.11.2018

FIRST APPEAL NO.78/2015

In the matter of:

 

1. Aryan Travel Point,

Through its Proprietor,

Smt. Reena Singh,

Shop No.B-9, Dilshad Colony,

Near New Creation Public School,

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2. Shri Ajay kumar,
3.  

Aryan Travel Point,

Shop No.B-9, Dilshad Colony,

Near New Creation Public School,

Delhi-110095.                                                                 …..Appellants

 

                                                      Vs.

 

Shri Jai Dev,

S/o. Shri Surat Singh,

R/o. F-16, Staff Quarters,

Fire Station Sector-16,

Rohini, Delhi-110085.                                                                             …..Respondent

                                               

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

Hon’ble Sh. Anil Srivastava, Member

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                               Yes/No

2.      To be referred to the reporter or not?                                                                                                        Yes/No

O.P. Gupta, Member (Judicial)

JUDGEMENT

1. The OPs have challenged order dated 06.01.15 passed by District Forum in CC No.427/11 vide which the complaint was allowed and the OP was directed to pay Rs.41,002/- after deducting Rs.12,390/- towards air journey by complainant and his family from Delhi to Srinagar, Rs.63,500/- spent by complainant as additional amount during stay in Srinagar, Rs.2,50,000/- towards compensation for unexpected pain and suffering. The amount of Rs.41,002  and Rs.63,500/- were to carry interest @7% per annum.
2. The case of the complainant was that at the time of booking he paid Rs.12,000/- in cash for which no receipt was issued. Remaining amount of Rs.41,392/- was paid by him through cheque favouring OP-1 which was got encashed on 01.07.11, Tour was scheduled between 05.07.11 to 09.07.11. Besides complainant one Mr. Manoj Kumar, colleague of the complainant also booked a tour of his family for 6 persons for Rs.80,088/- by paying Rs.18,000/- in advance. OP-2 delivered the air ticket for his journey two days prior to the date of journey. The return ticket was issued on Spice jet Air Lines instead of Indian Air Lines as assured. No details of hotel at Srinagar and the contact person there were revealed. After reaching Srinagar airport, complainant was shocked to known that there was nobody to receive them. Complainant tried to contact OP but there was no response. Finding no alternative. The complainant took a taxi and searched for a reasonable hotel. He visited site seeing at his own cost. He had to pay Rs.20,000/- for brief stay in hotel, Rs.15,000/- as taxi charges. On 09.07.11 at the time of return journey the complainant was horrified on being informed by staff of Spice Airlines that reservation has been got cancelled. Complainant was compelled to take a taxi from Srinagar to Chandigarh at exorbitant fare of Rs.25,000/-  as he could not have any flight  at  short notice. From Chandigarh to Delhi he had to travel through  Volvo bus for which an extra Rs.3,500/- was paid. The complainant sent legal notice dated 29.07.11 and 03.10.11 he claimed Rs.53,392/- towards booking tour package with interest @24% per annum, additional amount of Rs.63,500/- which he had to incur and compensation of Rs.3 lakhs.
3. The OP filed WS stating that tour was settled through Shri Manoj  Jain, there was no direct deal between the complainant and OP. They denied that complainant paid Rs.12,000/- in cash. Shri Manoj paid advance Rs.30,000/- toward advance of all members of both families. The balance amount of Rs.54,388/- was paid by Shri Manoj Jain through cheque. There was  no assurance of Indian Airlines fligh, details of hotel accommodation, name of the local contact person was disclosed to the group leader. The group members were received at Srinagar Airport by the agent of OP and picked up in taxi and escorted to   the appointed hotel. The complainant left the hotel  without information. The group leader informed OP that group would not stay in appointed hotel and did not avail the package. Cheque for Rs.54,388/- was not honoured. After waiting for two days the OP cancelled the return tickets. Both the parties filed their evidence by affidavit. After going through the same the District Forum passed the impugned order.
4. We have gone through the material on record and heard the arguments.  The counsel for appellant submitted that Shri Manoj Kumar had not filed any case against it meaning thereby that he was satisfied with the arrangements. The counsel for  complainant/ respondent admitted that Shri Manoj Kumar had not filed any case.
5. In the above background we suggesed the appellant to pay Rs.63,500/- spent by the respondent as an additional amount in all. The reason being that complainant had already availed service of Airlines on one side of departure. The amount of compensation is highly accelerated. Awarding of Rs.2,50,000/- for a package for which complainant paid Rs.41,002/-, is extremely excessive.
6. The appellant agreed to our proposal.
7. On the facts and circumstances of the case the impugned order is modified to the effect that appellant would pay Rs.63,500/- in all. The appellant had already deposited FDR of R.60,000/- dated 16.11.15 issued by Corporation Bank at the time of stay of execution. The same must have come to Rs.72,000/- approximately by now. The same alongwith accrued interest be released in favour of the respondent. Rest of the amount would be sufficient to compensate the respondent for litigation and harassment.
8. Copy of the order be sent to both the parties free of cost.
9. One copy of the order be sent to District Forum for information.
10. File be consigned to record room.

 

 

(ANIL SRIVASTAVA)                                           (O.P. GUPTA)                          

           MEMBER                                               MEMBER (JUDICIAL)

 

 

 

 

 

 

 

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