DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 329/15

In the matter of:

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that he had opted for a tour programme on 06.07.2015 from Delhi to Dubai for the period from 28.07.2015 to 01.08.2015 for self and family with OP on payment of sum of Rs. 66,000/- which included hotel tariff, sightseeing and Ferrari World were included. But when the complainant reached Dubai on 28.07.2015, he acquired knowledge the OP had not given him Ferrari World in the package and when he enquired about it, he was assured by the OP that he should pay for Ferrari World, and on his return to Delhi, his payment for Ferrari World would be refunded. It has been further submitted by the complainant that he had already incurred an amount of             Rs. 21,000/- for Ferrari World and after return from Dubai, he had contacted the OP on phone, email, message and personal visits for refund of his money. It has been further stated by the complainant that the OP agreed to return the money initially but did not refund the same and OP told the complainant that he would refund only Rs. 6,500/- but failed to refund even this amount. Therefore the complainant filed the present complaint against the OP and prayed that since he had incurred a substantial amount apart Rs. 66,000/- on the tour programme and he had suffered mental agony, as well as financial loss and therefore, the OP be directed to refund Rs. 21,000/- to the complainant as well as pay Rs. 10,000/- towards mental agony suffered by him besides Rs. 15,000/- towards litigation charges. The complainant had attached a copy of email confirmation of Dubai Package dated 06.07.2015 containing the package cost worth Rs. 66,000/- wherein Ferrari World is included in the package. Further, the itinerary of tour as well as information details alongwith tour voucher dated 3.8.15 has been attached wherein it is mentioned by Lama Tour that since OP had not confirmed Ferrari World with them, therefore, they had to charge extra from the complainant for the same directly in Dubai @ AED 300/- per pax was received from the complainant against Ferrari World vide e-mail dated 19.08.2015 which was not included in the Tour package. Complainant has attached copy of email dated 24.08.2015 from OP to complainant promising to pay Rs. 6,500/- in a day or two. 
2. Notice was issued u/s 13 of CPA on 21.09.2015 for appearance of OP on 26.10.2015 which was delivered to OP on 24.09.2015 but the OP failed to appear and was proceeded against ex parte on 30.11.2015.
3. Ex parte affidavit of evidence was filed by complainant wherein apart from agitating non inclusion of Ferrari World in the tour package by OP2 despite having charged for the same, the complainant exhibited exhibit V vide which that the OP had issued a cheque No. 278430 dated 18.09.2015 drawn of IDBI bank in favour of the complainant which got dishonored on presentation for encashment due to “insufficiency of funds”.   Further, on 25.10.2015 an amount of Rs. 4,000/- was deposited in the account of complainant by OP. Therefore complainant was claiming a balance sum of Rs. 17,000/- as refund from OP against Ferrari World.    
4. The complainant filed the written arguments reiterating his grievance in the complaint as well as in evidence by way of affidavit and prayed that since the OP had transferred an amount of Rs. 4000/- to the account of complainant on 25.10.2015, there is balance of Rs. 17,000/- payable on the part of OP alongwith compensation and litigation charges. A copy of savings account statement of ICICI Bank of Mrs. Seema Gupta, w/o the complainant showing an amount of Rs. 4,000/- credited to the account of complainant on 26.10.2015 by OP has been attached in proof thereof.
5. Since the notice sent to OP could not be delivered due to incomplete/ wrong address, the complainant has intimated the emails ID of the OPs for information/ direction to OP. 
6. We have heard the arguments addressed by the complainant perused the documentary evidence submitted in support of his contentions. The complainant had paid Rs. 66,000/- as Dubai Tour Package cost to the OP which is corroborated by e-mail dated 06.07.2015 by OP to the complainant confirming Dubai package including Ferrari World. However, nowhere in the complaint is the breakup cost of Ferrari World given by the complainant as Rs. 21,000/- claimed by the complainant to have been paid by him to OP, though admittedly he paid AED 300/- per pax for four persons for the same to Lama acknowledged by lama vide e-mail dated 19.08.2015 which amount is equivalent to Rs. 20,000/- in INR.  However, the OP did not attend this Forum to rebut the claim of the complainant and was proceeded against ex parte. The fact that OP assured the complainant to refund Rs. 6500/- vide e-mail dated 24.08.2015 and factum of issuance of cheque of Rs. 11,000/- dated 18.09.2015 goes to prove that OP was under monetary liability to refund the complainant which in this case pertains to the booking amount for Ferrari World, the amount though has not been ascertained/ crystallized anywhere by the complainant in his pleadings. However the fact that the complainant paid Rs. 21,000/- towards Ferrari World to Lama (@ AED 300 per pax for four persons) goes in favour of the complainant to ascertain the tentative cost of the package which has gone un-rebutted/un-disputed by the OP and therefore non refund of the said amount by the OP amounts to  deficiency of service on the part of OP by not giving the complainant the package that he paid for and was assured of at the time of booking of Dubai Package with OP. The complainant had admitted to have received                  Rs. 4,000/- from OP out of Rs. 21,000/- against the Ferrari World package payment. We therefore direct the OP to pay the balance amount of Rs. 17,000/- to the complainant as refund of cost of booking make towards Ferrari World package not giving by OP to the complainant alongwith                Rs. 10,000/- towards compensation for mental harassment inclusive of litigation charges. Let the order be complied within 30 days of receipt of this order by the OP, failing which interest @ 9% shall be payable by the OP on the total awarded amount of Rs. 27,000/- from the date of award till realization.
7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8. File be consigned to record room.

(Announced on 28.05.2018)