Punjab

Patiala

CC/20/300

Rahul Kamboj - Complainant(s)

Versus

SOTC Travel Limited - Opp.Party(s)

Sh Rajan Bhatia

29 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                     

Consumer Complaint No.	:	CC/300/2020
Date of Institution	:	7/12/2020
Date of Decision	:	29/3/2023

 

1. Rahul Kamboj aged about 44 years son of Sh.Jagdish Kamboj, resident of 554, Hira Bagh near Mixon Lab. Tehsil and District Patiala.

 

2. Amrinder Singh Ahluwalia aged about 43 years son of Sh.T.S.Ahluwalia, resident of House No.21, New Green Park Colony, Tehsil and District, Patiala.

         

 

                                                                   …………...Complainants

                                      Versus

1. SOTC Travel Limited formerly SOTC Travel Private Limited, Head Office: 7^th Floor, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (West) Mumbai-400013, through its Branch Head Chairman, Managing Director, CEO.
2. SOTC Travel Limited formerly SOTC Travel Private Limited, Regional office, Sector 6-C, Chandigarh through its Branch Head.
3. SOTC Travel Limited formerly SOTC Travel Private Limited, Branch Office, Leela Bhawan, Near KFC Patiala through its Branch Head.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

 

 

PRESENT:                   Sh.Rahul Kamboj, complainant in person.

                             Opposite party No.1 ex-parte.

                             Sh.Suksham Aggarwal, counsel for OPs No.2&3.                           

 ORDER                                          

1. The instant complaint is filed by Sarvshri Rahul Kamboj and Amrinder Singh Ahluwalia (hereinafter referred to as the complainant) against SOTC Travel Limited formerly SOTC Travel Private Limited (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:

That in the month of November, 2019, complainants approached OP No.2 regional office of OP No.1 for booking Canada Tour under the tour plan of Canadian Rockies. After confirming tour from one Mr.Vaneet, dealing executive of Canada and USA tours packages, they agreed to book tour of CANADA 2020 tour year. Mr.Vaneet executive of SOTC booked above mentioned tour of complainants on twin sharing basis for a sum of Rs.3 Lakh (approximately) and the date of travel was 23 May, 2020.The executive also obtained copy of passport and pan card of complainants at the time of booking the tour.

3. The tour was booked vide (ID No.) Booking file No.GS20001676, Booking outlet address Chandigarh and OPs received Rs.65000/- vide cheque No.472579 dated 7.2.2020, having account No.65000268931 of SBI Branch District Courts, Patiala, from complainant No.1, which was handed over to OP No.3 at Patiala. OPs also received Rs.10,000/- by way of RTGS from complainant No.2. After receipt of amount, OPs did not book the tour of complainants. Thereafter, due to pandemic situation of Covid 19 throughout the world, Indian Govt. stopped international flights. After opening the lockdown, complainants so many times requested to OPs through emails for the refund of amount so deposited by them. On 17^th July, OPs accepted the claim through email and issued future credit vouchers in the name of complainants i.e. credit voucher of dated 29 July 2020 of INR 7375/- in the name of complainant No.2 and credit voucher of INR 62375 in the name of complainant No.1, totaling Rs.69750/- valid till 30 June 2021 instead of INR 75000/-.It is averred that OPs never started process of travel visa .They also did not apply for the biometrics of the complainants to the Embassy. The OPs only obtained money from the complainants but did not do anything for tour visa.
4. After receipt of voucher, complainants made so many phone calls to the OPs for the refund of 100% amount deposited by them. They also sent complaints on the website of OPs but of no avail. There is thus not only deficiency in service on the part of the OPs but they also committed unfair trade practice. Consequently, prayer has been made for acceptance of complaint.
5. Notice sent to OP No.1 through registered post not received back unserved. None appeared on its to contest the complaint. Accordingly OP No.1 was proceeded against ex-parte. OPs No.2&3 appeared through counsel and filed written statement having contested the complaint.
6. In the written statement filed on behalf of OPs No.2&3, it is admitted that complainants had booked a tour with OPs’ company. It is pleaded that due to Covid-19 pandemic, all the flights and tour-travels were cancelled by the Govt, in the period of lockdown and due to said reason tour of complainants was also got cancelled. Subsequently, amount of Rs.65000/- was credited in the bank account of Mr.Rahul Kamboj and Rs.10,000/- was credited in the bank account of Mr.Amrinder Singh, in lieu of refund of booking of complainants. After receiving confirmation email from complainants now complaint is not maintainable. The OPs prayed for dismissal of complaint.
7. In evidence complainant furnished his affidavit,Ex.CA, copies of ID cards,Exs.C1&C2,copy of email ID dated 17.7.2020(two pages),Ex.C3,copyof  email reply dated 17.7.2020(three pages),Ex.C4,copy of credit voucher dated 27.7.2020,Ex.C5,copy of complaint filed dated 27.11.2020,Ex.C6, copy of email dated 27.11.2020,Ex.C7, copy of case detail dated 27.11.2020,Ex.C8, copy of email reply dated 27.11.2020,Ex.C9,copy of flash sale whatsapp No.8699777400,Ex.C10, copies of sale message dated 3.12.2020,Exs.C11 &C12 and closed evidence.
8. On the other hand the contested OPs failed to lead evidence inspite of affording number of opportunities for this purpose and ultimately evidence of OPs was closed by order vide order dated 13.3.2020.
9. We have heard the complainants, ld. counsel for contested OPs and have also gone through the record of the case carefully.
10. The complainants have booked tour to Canada under the tour plan of Canadian Rockies. The tour plan was discussed with the executive of the OPs and a travel date was fixed for 23.5.2020 for the tour of the complainants on twin sharing basis for a consideration of Rs.3 Lakhs approximately. The tour was booked vide booking No.GS20001676 and an amount of Rs.65000/- was paid through cheque and Rs.10,000/-through RTGS was paid. This fact has not been denied by the OPs. However, due to outbreak of Covid-19, all the international flights were stopped and the tour could not be materialized on the fixed dates. The complainants then approached OPs for refund of the amount of Rs.75,000/- deposited with them, through email dated 17.7.2020,Ex.C3. However, instead of giving refund, OPs offered credit vouchers which could be utilized by the complainants for future travel, which is Ex.C4 and issued a credit voucher,Ex.C5, on 29.7.2020, for Rs.69750/-against the deposit of Rs.75000/-, which was valid upto 30.6.2021 i.e. for one year .The same was not acceptable to the complainants and they requested for the refund of 100% of the amount deposited by them with the OPs.
11. The complainant have contended that no arrangements were made by the OPs for the execution of the tour and no visa fee etc were paid by them as original passport and documents of the complainants were  not collected by the OPs. As such the OPs are deficient in not arranging the tour and also not refunding the 100% of the amount received by them.
12. The contested OPs could not rebut any of the above facts by leading cogent and reliable evidence. It is submitted that amount of Rs.75,000/- has already been refunded to the complainants on 4.2.2021.The same has been received by the complainants under protest as per their application dated 12.2.2021. As such the first prayer of the complainants for refund of 100% of the total amount of Rs.75,000/- has been complied with.
13. However, the OPs were deficient to the extent that refund was not initiated for a period of almost one year. We therefore, partly allow the complaint and direct the OPs as follows:
13. To pay interest @6% per annum, on the amount of Rs.75000/- deposited by the complainants from 7.2.2020 to 4.2.2021, (the date of deposit and refund of the said amount) within 30 days from the date of receipt of certified copy of this order, failing which they shall pay interest @9% per annum on the said amount from the date of refund i.e. 4.2.2021 till realization.To pay Rs.10,000/- as compensation for causing mental agony and harassment to  the complainants.
14. The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President