DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.22/2014
Sh. Pratap Singh
R/o 1312/7, Rishi Nagar,
Sonepat-131001 (Haryana) ….Complainant
Versus
1. The Kailash Mansarovar Yatra Pvt. Ltd.
through Sh. Prem Kumar Das Proprietor
F-189/1A, 2nd Floor, Savitri Nagar,
Main Road, Malviya Nagar,
New Delhi-110017
2. The National Insurance Company Ltd.
Through its Branch Manager
Nehru Place Branch,
New Delhi-110019 ….Opposite Parties
Date of Institution : 21.01.2014
Date of Order : 29.08.2018
Coram:
Sh. R. S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Naina Bakshi, Member
Briefly stated, the case of the complainant is that the complainant was approached by the Proprietor of OP No.1 who handed over the schedule of tour programme for Kailash Mansarovar Yatra which was to be commenced from 15.06.13 alongwith the pamphlets of the journey. The OP No.1 visited the complainant at Sonepat and collected an amount of Rs.1,70,000/- after negotiations vide receipt Nos. KMY 336 dated 09.05.13 for Rs.30,000/- and KMY 471 dated 29.05.13 for Rs.1,40,000/- from the wife of the complainant on account of Kailash Mansarovar Yatra for himself and his wife. OP No.1 took the complainant and his wife at the airport and they reached to Kathmandu on 15.06.13. The OP No.1 took them to Nylam by bus via China. It is submitted that the condition of the health of the complainant and his wife was not journey worthy at Nylam and their health was not allowing them to proceed for further journey and accordingly the complainant requested the OP No.1 at Nylam to make arrangement for them to return to New Delhi but the OP No.1 flatly refused to assist in this regard. The complainant was forced to pay an amount of Rs.3200/- towards cancellation charges of visa for him and his wife. They were also forced to pay Rs.3000/- as taxi charges from Nylam to China Boarder and to pay an amount of Rs.5000/- from China Boarder to Kathmandu as the representative of the OP No.1 refused to provide any conveyance. On reaching at Kathmandu Airport the complainant requested the OP No.1 for arranging air tickets from Kathmandu to New Delhi but the representative of OP No.1 flatly refused to arrange any tickets for them and further the complainant and his wife were again forced to purchase the air tickets from their own pocket and had paid an amount of Rs.21,750/-. The complainant also hired a taxi from Delhi Airport to Sonepat (residence of complainant) and he had to pay an amount of Rs.1200/- towards taxi charges from Delhi Airport to Sonepat. Complainant met the OP No.1 personally and asked him to refund the amount of Rs.1,52,150/- (Rs.118000/- + Rs.34150/- incurred from complainant own pocket) after deducting an amount of four days journey i.e. from 15th June, 2013 to 18th June, 2013 (Rs.1,70,000 – Rs.52,000/- = Rs.1,18,000/-) on an average basis out of 13 days tour programme. The complainant has stated that instead of paying the aforesaid refund to the complainant, OP No.1 handed over a insurance policy for the first time and asked the complainant to take refund from the Insurance Company. The complainant requested the OP No.2 to send the claim form for the refund of the amount. The Insurance Company had neither replied to the said letter nor sent any claim form to the complainant. The complainant having no other option but to send a legal notice dated 03.12.13 to the OPs. The legal notice sent to the OP No.1 was received back unserved with the postal remark “refused”. Hence, the service of legal notice may be treated as complete. Legal notice which was sent to the OP No.2 was delivered on 10.12.13. Hence, pleading deficiency in service on the part of the OPs, the complainant has filed the present complaint for the following reliefs:-
“a) pass orders thereby directing the Opposite Parties jointly or severally to make the refund of the sum of Rs.1,52,150/- the excess amount lying with the Opposite Party No.1/paid by the complainant to the Opposite Party No.1.
b) direct the Opposite Party to pay the interest on the aforesaid amount @ 18% p.a. with effect from May, 2013 i.e. date of collecting the money till the realization of the actual amount.
c) direct the Opposite Party to pay a sum of Rs. Twenty thousand towards damages for the mental harassment and agony suffered by the complainant at the hands of Opposite Parties.
d) direct the Opposite Parties to pay the cost of litigation in favour of the complainant.”
When no one appeared on behalf of the OP No.1 & 2 to contest the claim of the complainant they were proceeded exparte vide order dated 19.05.14 and 06.01.15 respectively.
Complainant has filed his own affidavit in exparte evidence and also written arguments.
We have heard the arguments of the counsel for complainant and have also gone through the file very carefully.
OP has the knowledge about the filing of the complaint but did not choose to contest it.
The complainant has filed a brochure of the Mansarovar Yatra for 13 days as Annexure C-1. The OP No.1 issued the receipt dated 09.05.13 & 29.05.13 for Rs.30,000 and Rs.1,40,000/- respectively as Annexure C2. The complainant filed a copy of the passport for himself and wife as Annexure C-3. The complainant filed the ticket and the boarding card from Kathmandu to Delhi as Annexure C-4. The complainant filed the copy of the insurance policy of the National Insurance Company as Annexure C-5. The complainant sent a letter to the OP No.2 requesting for sending claim for as Annexure C-6. The complainant sent the legal notice to the OPs as Annexure C-7.
Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
It is evident from the records that the complainant purchased a ticket from Kathmandu to New Delhi on 19.06.13 and due to the health condition of the complainant and his wife they had not completed the journey and returned back to Delhi vide boarding card dated 19.06.13. The OP No.1 refused to refund the amount to the complainant and stated that the refund will be given by the Insurance Company. The complainant sent a letter to the Manager, National Insurance Company as Annexure C-6 wherein he requested the OP No.2 to send the claim form so that he can submit his claim to the OP No.2. The OP No.2 had not replied the letter as well as the legal notice and the OP No.1 refused to accept the legal notice.
In view of the above, it is clear that the complainant alongwith his wife had not completed the Mansarovar Yatra due to illness. Hence, non-refunding the balance amount to the complainant amounts to unfair trade practice on the part of OP-1.
In view of the above discussion, we allow the complaint and direct the OP No.1 to pay Rs.1 lakh in lumpsum to the complainant towards harassment and mental agony suffered by the complainant including cost of litigations.
The order shall be complied within 30 days of receipt of copy of this order failing which OP No.1 shall become liable to pay interest @ Rs.9% per annum on the amount of Rs.1 lakh from the date of receipt of the copy of this order.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 29.08.2018.
