Chandigarh

DF-I

CC/735/2022

DEV GUPTA S/O SHRI DES RAJ GUPTA - Complainant(s)

Versus

SS HOTEL AND RESORTS - Opp.Party(s)

SUBHASH CHANDER GUPTA

01 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/735/2022
Date of Institution	:	16.8.2022
Date of Decision	:	1/11/2023

 

Dev Gupta son of Shri Des Raj Gupta house No.2108 D Block 27, Sector 63, VTC, Chandigarh 160036.

… Complainant

V E R S U S

SS Hotel and Resorts 48 LG floor, Sultanpur, M.G. Road, New Delhi 110030 through its proprietor/Manager .

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Subhash chander Gupta, Advocate for complainant
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Sh. Dev Gupta complainant against the opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under:-

1. It transpires from the averments as projected in the consumer complaint that  the  OP  had approached the complainant for providing best packages for holidays in India and abroad and accordingly the complainant had agreed for a package deal for a tour to Mussoorie, Rishikesh Chandigarh for three nights in three star hotels including breakfast and dinner for Rs.60,000/-  for six persons of the complainant and his family members.  The said deal struck on 20.6.2022. The complainant had firstly paid Rs.10,000/- on June 20, 2022. Copy of transaction made is annexed as Annexure C-1.  The complainant thereafter paid Rs.20,000/- on 24.6.2022 vide receipt Annexure C-3 and  at that time no cancellation charges were disclosed to the complainant. Due to unavoidable circumstances, the complainant was compelled to cancel the subject tour regarding which information was given to the OPs vide email Annexure C-4 dated 27.6.2022. The complainant had also sent whatsapp message Annexure C-5 to the OPs with the request to refund the paid amount   and the complainant received message vide Annexure C-6 from the OP that refund has been approved and will be credited by tomorrow evening but till date the subject amount has not been refunded to the complainant. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP  was properly served and when OP did not turn up before this Commission, despite proper service, it was proceeded against ex-parte on 26.4.2023.

2. In order to prove his case, complainant has tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the  complainant that  he booked the tour package of mussoorie-Rishikesh  Chandigarh package  from OP for 6 persons for three nights  in three star hotels with breakfast and dinner   for a cost of Rs.60,000/- and had paid Rs.30,000/- online to the OP as is evident from Annexure C-1 and C-3 and due to unavoidable circumstances the said tour was cancelled by the complainant, regarding which intimation was also given to the OP through whatsapp Annexure C-4 and the OP agreed to refund the amount vide communication Annexure C-6 and at the time of arguments the learned counsel for the complainant admitted that Rs.12,000/- out of disputed amount of Rs.30,000/- has been transferred by the OP in his account after filing of the complaint, the case is reduced to a narrow compass as it is to be determined if   the OP is unjustified in not refunding the entire paid amount and the complainant is entitled for the relief as prayed for or if the complaint is  not maintainable and liable to be dismissed.
   2.  Annexure C-1 and C-3 are the receipts showing that an amount of Rs.30,000/- was transferred by the complainant in the account of the OP through online. Annexure C-4 is the whatapp message sent by the complainant to OP informing about the cancellation of the subject tour and OP had agreed to refund the amount as agreed by the parties. Annexure C-6 is the message sent by the OP to the complainant which clearly indicates that the complainant was informed by the OP that refund has been approved and it will be credited tomorrow evening in the account of the complainant.
   3. It is the case of the complainant that cancellation clause was never intimated to the complainant at the time of  booking of tour and the OP had unilaterally entered the said clause in Annexure C-2 and the complainant is not bound by the same.
   4. Perusal of Annexure C-1 and C-3 receipts show that the complainant had made first payment of Rs.10,000/- to the OP on 20.6.2022 through online mode and the OP after receiving the said amount towards the tour in question had issued service voucher  on 21.6.2022, making it clear that the said cancellation clause was incorporated by the OP unilaterally in Annexure C-6 after receiving first payment towards the tour in question. Hence, the aforesaid act of the OP amounts to deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed and the OP is liable to refund the remaining amount of Rs.18,000/- to the complainant.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to refund ₹18,000/- to the complainant alongwith interest @ 9% per annum from the date when the OP agreed to refund the amount i.e. on 27.7.2022 till onwards.
2. to pay an amount of ₹7000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 1/11/2023 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member