Chandigarh

DF-I

CC/922/2022

AMRAVATI GUPTA - Complainant(s)

Versus

TARANGAN HOLIDAYS PVT LTD - Opp.Party(s)

In Person

02 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/922/2022
Date of Institution	:	16.11.2022
Date of Decision	:	2/04/2024

 

AMRAVATI GUPTA HOUSE NO 764/2, OMAXE CASSIA, NEW CHANDIGARH, PUNJAB 140901.

 

Versus

 

 

TARANGAN HOLIDAYS PVT LTD, THE BOUTIQUE CLUB

225A-225B, 2ND FLOOR, MG ROAD, VIPUL AGODA MALL,

GURUGRAM

… Opposite Party

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

                                                                               

ARGUED BY	:	Ms. Vaishali Gupta, Authorized representative of complainant
	:	OP exparte (Defence of OP already struck off).

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (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 in the month of May 2019 the complainant received a telephonic call from  OP  Tarangan Holidays Pvt. Ltd.  that her name has been selected  for three nights two days holidays trip to any chosen location  and  thereafter a meeting was held between the parties  on 19.5.2019 and the complainant agreed to take the  holiday package  offered by the OP and paid Rs.50,000/- to the OP through debit card and details whereof is annexed as Annexure A-1. After taking membership the OP did not respond to the calls of the complainant even mails sent by the complainant for booking were also ignored by the OP. It is alleged that the OP firstly booked a stay at Alwar for which the complainant booked a ticket to Jaipur  but later on the said booking was cancelled  by the OP on the ground that there is wedding  at the venue which also led loss to the complainant in terms of the cost of the ticket. Thereafter when the complainant requested for the booking of the property of the OP, the complainant was informed that the property  has been removed or is completely full.  After the death of the husband of the complainant  in the year 2020 during COVID 19 lockdown  the complainant could not  make further booking and in this manner, whenever the complainant requested the OP to make booking at  the selected places, the same was denied or the OP has not responded to the complainant. In this manner  the complainant did not  avail a single trip. Thereafter the complainant requested the OP to refund the entire amount received by it but the OP  has not refunded the same and in this manner, 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. Despite grant of ample opportunity to the OP for filing written version the same was  not filed by the OP within the stipulated period as mandated by the Act. Hence, the defence of the OP was struck off vide order dated 27.2.2024.  As none has turned up on behalf of OP on 27.2.2024, therefore,  OP was proceeded against  exparte on the said date.

 

2. In order to prove their case, complainant has tendered/proved her 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 parties that  the complainant availed the membership of the OPs  for three years w.e.f. 19.5.2019 to 19.5.2022 with one year gift voucher  as is evident from Annexure A-2 w.e.f. 19.5.2019 to 19.5.2020 for Manali, Alwar, Bhimtal, Mussorie and Kasauni  and made payment of Rs.50,000/-  as is also evident from receipt Annexure A-1 and agreement Annexure A-3 which was also executed between the parties and also that the complainant has not availed any vacation trip during that period , the case is reduced to a narrow compass as it is to be determined if  there is deficiency on the part of the OP and the complainant is entitled for the relief as prayed for and as is the case of the complainant and for that  purpose the  documentary evidence led by the complainant is required to be scanned carefully.
   2. Perusal of Annexure A-15 clearly indicates that  the complainant obtained the membership of the OP with membership tenure of three years  and the complainant paid an amount of Rs.50,000/- for the said purpose as is also evident from Annexure A-1. It is also evident from Annexure A-18 to A-22  that the complainant approached the OP several  times for the booking of its property for vacation but every time  either the said property was not made available to the complainant or in case  the same was made  available  the booking was cancelled  on one pretext or the other.
   3. Perusal of Annexure A-23 to A-25 further make it clear that the complainant has requested the OP that since she had not availed any trip and every time the bookings which was made by the complainant  were cancelled by the OP.  As it is the case of the complainant that the OP has neither cancelled the membership of the complainant  nor refunded  the paid amount to her till date despite repeated requests , the aforesaid act of 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.
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 pay ₹50,000/- to the complainant alongwith interest @ 9% per annum from 19.5.2019 the date when the complainant made payment to the OP till onwards.
2. to pay an amount of ₹15,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within 45 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 2/04/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member