Delhi

North

CC/82/2018

RAJIV SHARMA - Complainant(s)

Versus

SUPREME TRAVELERS - Opp.Party(s)

VISHAL GUPTA

12 Dec 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 82/2018

In the Matter of

Rajiv Sharma,

D-427, Nehru Vihar,

Timarpur,Delhi-110054                                                             ....Complainant                                                                                    

                                                      VERSUS

Supreme Travellers,

Through its Director/Authorised Representative,

 G-20, Sector 63,

 Noida, U.P-201301

Through its Director                                                                ....Opposite Party

ORDER

12/12/2023

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 12 of the Consumer Protection Act, 1989. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant organized a family trip and contacted Opposite Party for making the arrangements of booking of Air tickets by Spice Jet and Indigo only as mention below:-

 

Delhi to Mumbai flight fare 6 Adult (16500),15:30PM to 21:10PM, Date-27 Sept

Pune to Amritsar Flight- 2 Adult (12800), 15:30 PM to 21:10 PM, Date- 2nd Oct; Pune to Delhi Flight 4 Adult (17800), 20:30 PM to 22:40 PM, Date- 2nd Oct;

 

2.       It has been alleged that before confirmation of the Air Tickets, it was explained to Opposite Party that among the fliers, for whom tickets have been booked, one is Ex-Army and his wife and both are senior citizen, in Pune to Amritsar flight. It was requested to give the concession, if any, available for Ex. Army and senior citizen. After going through the flight schedule, journey schedule and names of airlines, provided by Opposite Party. Complainant being agreed with the same, immediately send identity proofs of 6 persons and made the payment as demanded on the payment portal provided by Opposite Party on whatsapp. However, subsequent to the payment, the ticket was booked with delay of 4 days. Copy of the flight schedule and the payment receipt is annexed with the complaint as Annexure C-1 and C-2. (Colly). After the payment was made, Opposite Party without any prior notice or information changed the journey schedule, which was not as per consent. Thereafter, complainant again talked to Opposite Party and pointed out the discrepancy in the booking details, which was sent before final booking of Air tickets. Opposite Party admitted the errors and agreed to rectify the discrepancy but again when the booking detail was sent to complainant before sending final tickets, the discrepancy pointed out earlier was as it is and the same was not rectified.  It is further alleged that Complainant again requested Opposite Party and Opposite Party again admitted the mistake and assured to rectify the same in the final booking of the Air tickets but when the final tickets were sent to complainant, the mistake was not found rectified. Copy of the flight tickets is also annexed as Annexure C-3 with the complaint. Due to change of time schedule (on the date of journey from Delhi to Mumbai on 27.09.2017) as well and the change of airlines from Spice Jet/Indigo to Air India and due to deliberate change of time schedule by Opposite Party, two persons (senior citizen) who were supposed to travel from Delhi to Mumbai on 27.09.2017 and back from Pune to Amritsar on 02.10.2017 could not travel, due to which the complainant had to suffer great mental, physical and religious sufferings as the religious pooja which was scheduled to be performed as per earlier time schedule could not be made. Besides this, there has been financial loss on account of booking of hotels for extended time. It is further alleged that due to the inconvenience caused by Opposite Party in booking of flights of inappropriate timings, Mr. Yadvinder Nath Sharma and Mrs. Bhushan Sharma (Senior Citizens) were left with no choice then to cancel their plan. Hence, Opposite Party was requested to cancel their tickets and refund the amount in the Bank account directly. Due to preoccupied schedule, complainant was left with no option and had to travel under compulsion as per the modified schedule on 27th September at Delhi to Mumbai tickets for 6 persons, though the same was not as per consented schedule.

 

3.       It is further alleged that based on the consented schedule of the tickets,  complainant had already booked the hotels in Mumbai for 1 night stay and they were not having sufficient funds for staying one extra night in Mumbai and even for their meals etc. However, with great difficulty, complainant managed to stay in Hotel and had their food etc. In view of the above explained situation, complainant and his family including the senior citizens, passed through great difficulty and mental torture and suffered loss of huge money for paying one night hotel charges, meals etc. which are as under:-

 

 Hotel Rooms Cost                              = Rs.9,400.00/-

Misc. (Meals and Transport)               = Rs.5000.00/-

TOTAL                                                = Rs.14,400.00/-

 

Further, on arriving at Pune Airport, complainant was shocked to know that the baggage charge is not included and the same will be charged separately at boarding time. On account of baggage, complainant paid Rs. 400/-(Rupees Four Hundred Only). When it was enquired from Airport staff about the baggage charge, it was told that Opposite Party has wrongly booked the tickets and baggage charge is not included in the same. Copy of the baggage charges is annexed as Annexure C-4 with the complaint.

 

4.       It is further alleged that in order to hide fault and an inordinate and deliberate wrong full act, Opposite Party had levelled frivolous allegation against Complainant, while corresponding with Complainant on whatsapp and no action was taken by the Opposite Party to set right the above mentioned defects regarding the booking of the Air Tickets. Copy of whatsapp message is annexed as Annexure C-5 with the complaint. The Complainant have on several occasions attempted to personally contact the Opposite Party but the Opposite Party has avoided to meet the Complainant. Complainant has written Letters, dated 12.09.2017 and 25.10.2017 to O.P in this regard but Opposite Party has chosen to remain silent on the same and did not bother to reply to the letters of the Complainant. Copy of letter dated 12.09.2017 and 25.10.2017 is annexed as Annexure C-6 and C-7 (Colly) with the complaint.  Frustrated  and harassed by the conducted of the Opposite Party, the complainant was constrained to issue legal notice dated 29.01.2018, through their lawyer but the Opposite Party  again chose to remain silent. Copy of legal notices dated 29.01.2018 is annexed as Annexure C-8 with the complaint. It is stated that from the aforesaid facts and circumstances, it is crystal clear that the respondent have committed an act of deficiency in service and had made false representation to Complainant. On the ground of the entire state of affairs and non-performance, of the agreed terms and conditions,  the Opposite Party has become liable to refund of Rs. 50,000/- (Rupees Fifty Thousand only) with interest @ 24% to Complainants. Due to non performance of Opposite Party, the complainant had suffered mental torture, loss of reputation and consequential financial loss of Rs. 51,000/- (Rupees Fifty One Thousand only), with 24% interest for making alternative arrangements at the last moment. Therefore, the Complainant has filed the present Complaint seeking refund of Rs. 50,000/- (Rs. Fifty Thousand only), due to non-performance of OP, the consequential financial loss of Rs. 51,000/ (Rs. Fifty One Thousand only) with interest @24% PA for making alternative arrangements at the last moment and loss of goodwill, mental harassment and litigation charges cause to complainant and his family members including the senior citizens and   cost of proceedings and litigation charges.

 

5.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did it send any communication despite service of the notice. Since the OP chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which are sufficient to prove that the Opposite Party failed to deliver proper service to the complainant. Therefore, we are of the considered view that the complainant has suffered directly due to deficient service of the OP (Supreme Travellers) in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

4.       Therefore, we feel appropriate to direct the OP (Supreme Travellers) to refund Rs.50,000/-(Rupees Fifty Thousand Fourteen only) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 09-04-2018 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.51,000/-(Rupees Fifty One Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

5.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                              ASHWANI KUMAR MEHTA                                             DIVYA JYOTI JAIPURIAR         

                                                Member                                                                                  President                        

                                         DCDRC-1 (North)                                                                   DCDRC-1 (North)