BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.381 of 2018
Date of Instt. 14.09.2018
Date of Decision: 25.03.2019
Kapil Gupta s/o Sh. Yashpal Gupta resident of 34, Vijay Nagar, Jalandhar.
..........Complainant
Versus
SOTC Travel Limited, SCO 147-148, Level 1st, above LG Showroom, Sector 8-C, Madya Marg, Near Sindhi Sweets, Chandigarh-160008.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Ashok Sharma, Adv Counsel for the Complainant.
OP exparte.
Order
Karnail Singh (President)
1. The complainant filed the instant complaint, wherein alleged that the OP had conducted a seminar at Kings Hotel, Near Bus Stand Jalandhar on 26.02.2018 and the representative of the OP told the complainant and other respectable regarding the tour package of nine days for Canada. The complainant was agreed to take the family package as there were summer vacations to his children and accordingly, he filled the booking form and also deposited Rs.25,000/- with the OP as booking amount. The complainant got booked the package for himself, for his wife and two children. The complainant and his family got Canadian Visa in the month of April, 2018. The complainant had deposited the amounts as an when demanded by the OP. The date for tour was fixed for 30th June 2018. The complainant had shown his willingness to visit Toronto also. The OP has demanded Rs.72,000/- as additional amount for Tornoto and the same had also deposited by the complainant travelling fare. The OP had fixed the date of departure of tour on 26th June 2018. The OP had also informed the complainant that if he cancelled the tour before 45 days or more prior to the departure of the tour, then Rs.50,000/- per person + GST 5% will be deducted from the amount deposited. If the tour is cancelled 44 to 15 days prior to the departure of the tour, then Rs.60,000/- per person + GST 5% will be deducted from the deposited amount. If he cancelled the tour before 14 days to 5 days prior to departure of the tour, then Rs.80,000/- per person + GST 5% will be deducted from the deposited amount. If the complainant cancelled the tour before 5 days prior to the departure of the tour, then 100% of the amount will be forfeited. The complainant had paid the total sum of Rs.9,00,000/- to the OP. The complainant had booked the train tickets to and fro for Delhi and had also booked hotel for their stay at Toronto for three days. The complainant had also purchased clothes and other items for himself and for his family as per the weather of the Canada. The complainant is a business man and he had planned the tour much in advances as per the vacations of his children. The complainant had paid all the money to the OP as and when demanded by it. The OP also promising the complainant for the confirmation of the tour from the date of booking till the depositing of all money.
2. That on 23rd June 2018, the OP had informed the complainant by email that his tour has been called off and has been advised to plan and shift on Canadian Rockies 21st July to 18th August 2018 departure date. The complainant has been informed at the last moment and his and his family dreams had been shattered. The vacations of the children of the complainant were over by 12th July 2018, so he could not go to Canada on suggested dates. The OP has refunded only Rs.8,99,599/- to the complainant. The OP had caused mental tension and agony and discomfort and harassment to the complainant. The act of the OP amounts to unfair trade practice and deficiency in services and accordingly, a cause of action accrued to the complainant to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to pay Rs.80,000/- for loss due to cancellation of train tickets and hotel bookings and other expenditures and compensation for mental tension and harassment of Rs.4,00,000/-, cost of the complaint Rs.10,000/- to the complainant.
3. Notice of the complaint was given to the OP, but despite service through registered letter, the OP did not bother to appear and ultimately, OP was proceeded against exparte.
4. In order to prove his exparte claim, the complainant himself tendered into evidence his own affidavit Ex.CA along with some documents Ex.C-1 Copy of Booking Form, Ex.C-2 Terms and Conditions of Booking of SOTC Travel, Ex.C-3 Copy of Check List, Ex.C-4 Copy of Cash Receipts, Ex.C-5 to Ex.C-10 Copies of Booking Summary, Ex.C-11 and Ex.C-12 Copy of Confirmation of Tour, Ex.C-13 Copy of Room Bookings, Ex.C-14 Copy of Cancellation of Booking, Ex.C-15 Copy of Cancellation of Tour by OP No.2, Ex.C-16 Copy of E-mails written by the Complainant and Ex.C-17 Copy of Credit Card Statement and then closed the evidence.
5. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
6. In order to give strength to the submission made in the complaint, the complainant has placed on the file his own affidavit Ex.CA, whereby reiterated the entire story as contained in the compliant. Apart from that the complainant also produced on the file copy of Booking Form, filled by the complainant at the very initial stage and also deposited Rs.25,000/- as booking fee, copy of the Booking Form is Ex.C-1. Apart from that the complainant also produced on the file some documents showing the Canada booking 9 days tour program from 30.06.2018 as well as proposed charges is to be taken from the complainant, these documents are Ex.C-3 to Ex.C-5. The complainant also got air tickets as well as train tickets from Jalandhar to Delhi and make a plan to proceed on tour on the given date i.e. 26.06.2018, but all of sudden, the complainant received an email message dated 23.06.2018 that the tour program of the complainant has been cancelled and the said email message is Ex.C15, if we go through the said message, then we can assume that no reason has been assigned by the OP for cancellation of the 9 days Canada Tour of the complainant, for which the OP has already took advance money of rupees more than 9 Lacs. If the OP has assigned or given any reason for cancellation of the tour program, then the said reason is to be considered, but if there is no reason, then it will account as a deficiency or negligence on the part of the OP, obviously for all of sudden, cancellation tour program of the complainant, will cause mental agony and harassment to the complainant as well as his family members and thus, the OP is liable to compensate the complainant.
7. Moreover, the OP inspite of service did not bother to appear in the Forum and the version of the complainant remained un-rebutted and un-challenged and therefore, we are bound to accept the same and accordingly, we reached to the conclusion that the complainant is entitled for the relief claimed and accordingly, the complaint of the complainant exparte, partly accepted and OP is directed to pay a sum of Rs.50,000/- loss caused to the complainant for cancellation of the train tickets as well as cancellation of hotel bookings and further OP is directed to pay compensation to the complainant for causing mental tension and harassment along with litigation expenses, to the tune of Rs.80,000/-. The entire compliance as ordered above be made within one month from the date of receipt of the copy of order, failing which the complainant will entitle to get interest on the aforesaid entire amount @ 12% per annum from the date of filing complaint i.e. 14.09.2018, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
25.03.2019 Member President
