District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.267/2022.
Date of Institution: 17.05.2022.
Date of Order: 06.10.2022.
Vijay Kumar Sharma son of Shri Krishan Lal Sharma resident of House NO.2013, Sector-7, Faridabad, Haryana – 121004 Mob NO. 9810771909 Email:vs460479@gmail.com Aadhar No. 4617 4942 2473.
…….Complainant……..
Versus
M/s. Thomas Cook (India) ltd., having regd. Office at 324, Thomas Cook Building, Dr. D.N.Road, Fort, Mumbai – 400 001 through its Manager/principal Officer.
Alternate address: Corporate office at: A Wing,11 & 13 floor, Marathon Futurex, NM Joshi Marg, Lower Parel Mumbai – 400 013.
Alternate Address:- Regional office at: Vatika 1st India Palace, Unit No.6m Mehroli- Gurugram road, Gurugram – 122002.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Ashok Sharma, counsel for the complainant.
Opposite parties Nos. 1 to 3 ex-parte vide order dated 26.07.2022.
ORDER:
The facts in brief of the complaint are that the complainant booked a Super Budget Europe 9 nights and 10 days tour for himself and his wife Veena Sharma with the opposite party through his daughter Urvashi Sharma. The total package of the aforesaid tour was Rs.3,31,160/- as per the quotation dated 17.08.2019 sent by the opposite party through email dated 17.08.2019. The tour date was from 06.02.2020 to 15.02.2020. The complainant paid the following amounts to opposite party out of a total sum of Rs.3,31,160/- with the following dates:-
1. Rs.30,000/- on 21.08.2019
2. Rs.20,000/- on 24.08.2019
3. Rs.50,000/- on 26.08.2019
4. Rs.5,000/- on 05.02.2020
5. Rs.1,00,000/- on 06.02.2020
6. Rs.90,000/- on 06.02.2020
7. Rs.24,115/- on 11.02.2020
Rest of the payment of Rs.12,045/-, out of total payment of Rs.3,31,160/-, was to be made at the time of boarding the Aeroplane on the scheduled date i.e. 06.02.2020 which was subsequently changed to 18.03.2020 from 6.2.2020 The tour name was Super Budget Europe and tour date was 06.02.2020. Due to spread of Corona Virus (Covid-19) the opposite party cancelled the tour. The complainant again and again requested the opposite party to refund his amount but the opposite party refused to refund the amount taken by it and in place of refunding the amount issued a credit voucher dated 17.11.2021 which was valid form 18.03.2020 to 30.06.2022 and informed the complainant that the complainant can avail the tour after the situation of Covid-19 becomes normal. Now when the situation of Covid-19 has become normal, the complainant through his daughter Urvashi requested the opposite party to arrange the tour program for the complainant and his wife Veena Sharma on 28.02.2022 through email while writing that parents and ready to travel with same package in the month of April (around 10 April to 20 April) and further requested the opposite party to process it further. The opposite party through their employee Ekta Nagar replied the email of Urvashi the daughter of the complainant on the same day i.e.28.02.2022 informing the complainant that they can give same package, however both the visa would be difficult to process by Ist week of April 2022. Please give us the dates for mid May 2022. Thereafter the opposite party informed to the complainant through email dated 04.03.2022 that the opposite party had arranged the same Super Budget tour of Europe for the complainant and his wife according to which the departure date was scheduled for 17.05.2022 from Delhi and the return date was scheduled on 26.05.2022 and the total package of the said tour program was also re-scheduled by the opposite party according to which the total cost of the tour was Rs.4,85,281/- and the opposite party demanded the balance amount i.e. the difference of Rs.4,85,281/- and 3,31,160/- as additional money from the complainant vide email dated 04.03.2022. The demand of additional money by the opposite aprty for the re-scheduled tour program was absolutely illegal and was an instance of unfair trade practice of which of the complainant was a victim hence the complainant protested against the illegal demand of the opposite party and requested the opposite party to cancel all the proceeding files until they got back to them. They were not happy with his service they would take it to legal department. Please sent a mail having all the details of what they had paid to his company to book package and what he guys had deducted without informing them vide email dated 11.03.2022. The opposite party vide email through Ekta Nagar dated 11.03.2022 informed the complainant through Urvashi, the daughter of the complainant at her email address that the total payment received was Rs.3,19,115/- and cancellation charges applied Rs.44,421/- and the available amount was rs.2,74,694/- vide email dated 11.03.2022. The complainant never requested the opposite party for the cancellation of the tour .The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) either to allow the complainant and his wife to avail the Super Budge Europe 9 nights and 10 days tour without charging and additional amount or to refund the amount of Rs.3,19,115/- paid by the complainant to opposite party for Super Budge Europe Tour which was scheduled for 06.02.2020 with return date as 15.02.2020 alongwith interest @ 18% p.a. from the dates on which the complainant made the payment to the opposite party till final payment.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) Any other relief which this Hon’ble Commission deems fit and proper in the present circumstances of the case may also be awarded in favour of the complainant and against the opposite parties.
2. Notices were sent to opposite parties Nos.1 to 3 not received back either served or unserved. Tracking details filed in which it has been mentioned that “Item Delivery Confirmed”. It was already 3.50p.m. Hence, opposite parties Nos.1 to 3 were proceeded against ex-parte vide order dated 26.07.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties –Thomas Cook (India) Ltd. with the prayer to: a) either to allow the complainant and his wife to avail the Super Budge Europe 9 nights and 10 days tour without charging and additional amount or to refund the amount of Rs.3,19,115/- paid by the complainant to opposite party for Super Budge Europe Tour which was scheduled for 06.02.2020 with return date as 15.02.2020 alongwith interest @ 18% p.a. from the dates on which the complainant made the payment to the opposite party till final payment. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) Any other relief which this Hon’ble Commission deems fit and proper in the present circumstances of the case may also be awarded in favour of the complainant and against the opposite parties.
To establish his case, the complainant has led in his evidence Ex.C-1 – email, Ex.C-2 - email regarding holiday booking confirmed, Ex.C-3 – Duplicate receipt details,Ex.C-4 to 8 – Receipt details, Ex.C-9 - Duplicate receipt details, Ex.C-10 – Credit voucher, Ex.C-11 – email, Ex.C-12 – legal notice,, Ex.C-13 – postal receipt,, Ex.C-14 to 16– track reports,
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos.1 to 3 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 to 3 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 &to 3.
7. Opposite parties are directed to refund the amount of Rs.3,19,115/- paid by the complainant to the opposite party for Super Budge Europe Tour which was scheduled for 06.02.2020 with return date as 15.02.2020 alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. The opposite parties are also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 06.10.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
