PER:

Charanjit Singh, President;

1        The complainant has filed the present complaint under Section 34 and 35 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite parties that the opposite party No. 1 is a travel company of which the services were availed by complainants. As shown on the website i.e. www.thrillophilia.com' the opposite party No. 1 is widely linked company throughout India and places abroad. The opposite party No. 2 works as employee in Thrillophila, Travel Solutions Private Limited, Jaipur. The opposite party No.1 is a popular travel company. As shown on their website, it provides services for travelling anywhere around world. The complainants with one Harpal Singh (Complainant No. 1's uncle) decided to go for a holiday trip in India going Dutch i.e. each one will be bearing their own expenses. The complainants approached the company through telephone call for booking a trip for dates around 1 week of June, 2022 for 11-15 days. The opposite party no.1 replied back the very next day and assigned Mr. Pritam the employee of Thrillophilia company to communicate on behalf of the company Mr. Pritam further directed the complainants to communicate either through phone call or whats app message on number 89059-93858. Initial discussions about the trip started with thrillophilia through Mr. Pritam. The complainants made preliminary mandatory requirements/ conditions to the opposite parties of which some were that, an itenary for the whole trip regarding every detail shall be provided a week before the trip commences. A clean, comfortable, hygienic, good standard stay shall be provided. Only Tyota Innova crysta car shall be provided as vehicle for commutation throughout the trip and the food of the hotels at all places shall be upto standard. The opposite parties agreed to these conditions and assured complainants that their services are exemplary and nothing sub-standard will be provided. Further it was decided that air travel fare will be borne by the complainants on their own. That opposite parties started with suggesting vague itenaries. Then the opposite parties suggested a 17 days trip from Amritsar-Kashmir-Leh-Manali-Dharamshala-Amritsar for Rs.3,10,000/- for total 4 persons. On the advice of opposite parties, complainants finalized the above said trip schedule. The complainants were a group of four people. One Harpal Singh as decided was to join the trip from 11^th June, 2022 with the complainant.. The opposite parties then asked complainants to immediately deposit Rs. 80,000/- as advance then only will block and book hotels, vehicles for communication, tourist guides for the whole trip. It was decided that the air travel fare will be borne by the complainants on their own which was Rs. 13,353/-  per person. On 5^th May 2022, the complainant deposited Rs. 80,000/- advance amount in the account of opposite party No. 1 in HDFC Bank of Opposite Parties.  All persons by going dutch paid the above said amount to the opposite parties. Later on, complainants were mentally harassed as they repeatedly asked for receipt for the advance given but were ignored all the times. Later on complainants calls, text messages were ignored and were all the time asked to wait. The opposite parties behaved as if they do not care about the services to be given by them to complainants around 28^th May, 2022 as well as opposite parties did not confirm about the trip, did not intimate about the trip schedule to the complainants, neither told them about stays and nor about any vehicle for communication. Later on they dropped one message showing their real colours that ‘clear your dues from same performa invoice’. The complainants asked Mr. Pritam to send his identity proof but he neglected that message as well. No calls were being picked up and no message were replied to. Repeatedly complainants told Mr. Pritam that your end is non communicative and the services are not up to the mark. After deposition, the phone calls, messages of the complainants were ignored and avoided intentionally by the opposite parties. Many times, the complainants approached the opposite parties in order to discuss the itenary, further arrangements, hotel types but none replied. Old excuses of being ‘busy’ or ‘are in meeting’ were repeatedly given by opposite parties to neglect them. After a week when replied, there was no talk of the whereabouts of the trip. Rather, the complainants were further asked to deposit the remaining amount or else they would not be able to book the trip. Earlier, it was decided in that the remaining amount will be given on the trip but now the opposite parties started to blackmail, threaten that if the remaining amount is not deposited the complainants trip might get cancelled. The complainants repeatedly asked for itenary of the trip but were not given again. Later on under the pressure from the opposite parties, the complainant paid the remaining in the bank of the opposite party No. 1 dated 2.6.2022. After deposit, complainants tried to communicate with Mr. Pritam but there were again excuses given by them and were ignored by opposite parties. Later on 3.6.2022 one reply came which was just two days before the scheduled trip. Just one day before the trip that is on 4.6.2022 the opposite parties gave the confirmation about the trip. Then they again changed the itenary just one day before the trip. The complainants were about to board their flight when a vague itenary was forwarded via email by the opposite parties. Even a day before the trip commenced itenary was vague and still in options. The above fact clearly tells that opposite parties had a malafide intention and were only interested in money and did not care about the services that needed to be provided. The complainants reached Srinagar on 6^th June, 2022. The reality of the opposite parties came to light. There was not even  a single person waiting to take complainants to place of stay. After making repeated calls the complainants were provided a third rated vehicle against what was agreed to. On hills, the complainants were given a highly unsafe and discarded vehicle by the opposite parties to commute and travel from one place to another. The complainants when reached Srinagar, were given a very low grade hotel namely ‘AL-ZAHOOR’ with poor food, with dirty and unhygienic rooms, stained washrooms, unspeakable and horrific staff. This hotel was not even mentioned in the itenary options. Similarly, in other places i.e. Gulmarg, Sonmarg Pehalgham the situation was disappointing and not up to scratch. Poor quality arrangements were made for the complainants. None of the hotels mentioned in the itenary had bookings for the complainants. The complainants had to skip the food in the hotel because it was low grade and eat somewhere one the streets at all places. Same condition hotels were provided to the complainant on reaching Kargil, Leh, Ladakh. The itenary forwarded by opposite parties had some other hotel options but in reality some other hotels were provided. The complainant had to live in such deteriorated conditions due to which all of them had fallen ill. They got mild fever, cough and cold and blood sugar level raised up after the trip. The complainants tried connecting with the opposite parties but no one replied. They were shattered by the services provided by them. Then ‘The Castle’ hotel was provided which was also not in itenary. ‘Sonmarg Glacier Hotel’ was provided at Sonmarg which was also not in itenary. ‘Mehak hotel’ was provided at Leh which was also not mentioned in itenary options. ‘Skylark’ and ‘The Sylvan Hut’ stay was provided at Nubra Valley which was also not mentioned in itenary. ‘Ladakh resort’ was provided which was in deteriorated condition. ‘Galaxy’ stay was given at Pangong which was also not mentioned in itenary. ‘Utpala resort’ was given at Leh which was also not mentioned in itenary. On top of everything when complainant reached Manali there was no hotel booked for the complainants. The complainants had to beg the hotel authorities to provide them a stay as it was late evening’s time around 11.00-11.30 P.M., making it unsafe for the complainants to stay outside. The complainants were to be given Anant Meadows but there was no booking when they reached Manali. The complainants were made embarrassed, ashamed, brought low, caused to feel small, discomfited by the opposite parties, the complainants then went to stay Hotel Bhavani Villa. Later on stayed in Mroadways Inn. The complainants then stayed at Naddi boutique at Dharamsala. Not even at one place on trip was everything up to the mark. The company has charged per person Rs. 77,500/- just for giving stay and communication. The opposite parties charged plenty amount but have given nil services. The opposite parties provided low grade stay and low grade travel vehicle. It seems that these travel companies are only interested in payment money and find ways and means to decline requirements. The travel company did not honour its commitment as discussed. Moreover, the bills of hotel, stay travel etc. go directly to respondent and was not shown to complainants. From the above said facts, it is amply clear that the opposite parties No. 1 and 2 have committed deficiency in service and unfair trade practice. The complainant has prayed the following reliefs:-

1. The opposite parties be directed to pay a sum of Rs. 3,10,000/- which was given for booking trip and Rs. 13,353/- for the air travel for the booking by complainants.
2. Opposite parties be directed to pay a sum of Rs. 15,00,000/-  as compensation and harassment to the complainants alongwith interest @ 18% p.a. from the date of accrual of cause of action till the date of payment.
3. Litigation expenses to the tune of Rs. 30,000/- may be awarded to the complainant.

Alongwith the complaint, the complainants have placed on record affidavit of Alambir Singh Ex. C-1, Copy of Proforma Invoice Ex. C-2 itenary Ex. C-3, Copy of air Travel Ticket Ex. C-4, Copy of Boarding Passes Ex. C-5, Copy of Advance paid through Bank Ex. C-6, Copy of full amount payment receipt Ex. C-7, Email of changed itenary Ex. C-8, Whatsapp Chat Ex. C-9, Photos of Hotels and Stays Ex. C-10 to C-22.  

2        Notices of this complaint were sent to the opposite parties but no one appeared on behalf of opposite parties and consequently, the opposite parties were proceeded against exparte by this commission.

3        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

4        The complainants have produced on record affidavit of Alambir Singh complainant Ex. C-1 and declared that the opposite party No. 1 is a travel company of which the services were availed by complainants. As shown on the website i.e. www.thrillophilia.com' the opposite party No. 1 is widely linked company throughout India and places abroad. The opposite party No. 2 works as employee in Thrillophila, Travel Solutions Private Limited, Jaipur. The opposite party No.1 is a popular travel company. As shown on their website, it provides services for travelling anywhere around world. The complainants with one Harpal Singh (Complainant No. 1's uncle) decided to go for a holiday trip in India going Dutch i.e. each one will be bearing their own expenses. The complainants approached the company through telephone call for booking a trip for dates around 1 week of June, 2022 for 11-15 days. The opposite party No.1 replied back the very next day and assigned Mr. Pritam the employee of Thrillophilia company to communicate on behalf of the company Mr. Pritam further directed the complainants to communicate either through phone call or what’s app message on number 89059-93858. Initial discussions about the trip started with thrillophilia through Mr. Pritam. The complainants made preliminary mandatory requirements/ conditions to the opposite parties of which some were that, an itenary for the whole trip regarding every detail shall be provided a week before the trip commences. A clean, comfortable, hygienic, good standard stay shall be provided. Only Tyota Innova crysta car shall be provided as vehicle for commutation throughout the trip and the food of the hotels at all places shall be upto standard. The opposite parties agreed to these conditions and assured complainants that their services are exemplary and nothing sub standard will be provided. Further it was decided that air travel fare will be borne by the complainants on their own. That opposite parties started with suggesting vague itenaries. Then the opposite parties suggested a 17 days trip from Amritsar-Kashmir-Leh-Manali-Dharamshala-Amritsar for Rs.3,10,000/- for total 4 persons. On the advice of opposite parties, complainants finalized the above said trip schedule. The complainants were a group of four people. One Harpal Singh as decided was to join the trip from 11^th June, 2022 with the complainant. The proforma invoice and itneary was sent by opposite parties are Ex. C-2 and C-3. The opposite parties then asked complainants to immediately deposit Rs. 80,000/- as advance then only then will block and book hotels, vehicles for communication, tourist guides for the whole trip. It was decided that the air travel fare will be borne by the complainants on their own which was Rs. 13,353/- per person. The tickets are Ex. C-4. The boarding passes are Ex. C-5. They also declared that on 5^th May 2022, the complainant deposited Rs. 80,000/- advance amount in the account of opposite party No. 1 in HDFC Bank of Opposite Parties.  All persons by going dutch paid the above said amount to the opposite parties. Later on, complainants were mentally harassed as they repeatedly asked for receipt for the advance given but were ignored all the times. Later on complainants calls, text messages were ignored and were all the time asked to wait. The opposite parties behaved as if they do not care about the services to be given by them to complainants around 28^th May, 2022 as well as opposite parties did not confirm about the trip, did not intimate about the trip schedule to the complainants, neither told them about stays and nor about any vehicle for communication. They also declared that later on they dropped one message showing their real colours that ‘clear your dues from same performa invoice’. The complainants asked Mr. Pritam to send his identity proof but he neglected that message as well. No calls were being picked up and no message were replied to. Repeatedly complainants told Mr. Pritam that your end is non communicative and the services are not up to the mark. After deposition, the phone calls, messages of the complainants were ignored and avoided intentionally by the opposite parties. Many times, the complainants approached the opposite parties in order to discuss the itenary, further arrangements, hotel types but none replied. Old excuses of being ‘busy’ or ‘are in meeting’ were repeatedly given by opposite parties to neglect them. After a week when replied, there was no talk of the whereabouts of the trip. Rather, the complainants were further asked to deposit the remaining amount or else they would not be able to book the trip. Earlier, it was decided in that the remaining amount will be given on the trip but now the opposite parties started to blackmail, threaten that if the remaining amount is not deposited the complainants trip might get cancelled. The complainants repeatedly asked for itenary of the trip but were not given again. Later on under the pressure from the opposite parties, the complainant paid the remaining in the bank of the opposite party No. 1 dated 2.6.2022. The bank receipt is Ex. C-7. After deposit, complainants tried to communicate with Mr. Pritam but there were again excuses given by them and were ignored by opposite parties. Later on 3.6.2022 one reply came which was just two days before the scheduled trip. Just one day before the trip that is on 4.6.2022 the opposite parties gave the confirmation about the trip. Then they again changed the itenary just one day before the trip. The email exchanged is Ex. C-8. The complainants were about to board their flight when a vague itenary was forwarded via email by the opposite parties. Even a day before the trip commenced itenary was vague and still in options. The above fact clearly tells that opposite parties had a malafide intention and were only interested in money and did not care about the services that needed to be provided. Whatsapp chat is Ex. C-9. They also declared that the complainants reached Srinagar on 6^th June, 2022. The reality of the opposite parties came to light. There was not even a single person waiting to take complainants to place of stay. After making repeated calls the complainants were provided a third rated vehicle against what was agreed to. On hills, the complainants were given a highly unsafe and discarded vehicle by the opposite parties to commute and travel from one place to another. The complainants when reached Srinagar, were given a very low grade hotel namely ‘AL-ZAHOOR’ with poor food, with dirty and unhygienic rooms, stained washrooms, unspeakable and horrific staff. This hotel was not even mentioned in the itenary options. Similarly, in other places i.e. Gulmarg, Sonmarg Pehalgham the situation was disappointing and not up to scratch. Poor quality arrangements were made for the complainants. None of the hotels mentioned in the itenary had bookings for the complainants. The complainants had to skip the food in the hotel because it was low grade and eat somewhere one the streets at all places. Same condition hotels were provided to the complainant on reaching Kargil, Leh, Ladakh. The itenary forwarded by opposite parties had some other hotel options but in reality some other hotels were provided. The complainant had to live in such deteriorated conditions due to which all of them had fallen ill. They got mild fever, cough and cold and blood sugar level raised up after the trip. The complainants tried connecting with the opposite parties but no one replied. They were shattered by the services provided by them. Then ‘The Castle’ hotel was provided which was also not in itenary. ‘Sonmarg Glacier Hotel’ was provided at Sonmarg which was also not in itenary. ‘Mehak hotel’ was provided at Leh which was also not mentioned in itenary options. ‘Skylark’ and ‘The Sylvan Hut’ stay was provided at Nubra Valley which was also not mentioned in itenary. ‘Ladakh resort’ was provided which was in deteriorated condition. ‘Galaxy’ stay was given at Pangong which was also not mentioned in itenary. ‘Utpala resort’ was given at Leh which was also not mentioned in itenary. On top of everything when complainant reached Manali there was no hotel booked for the complainants. The complainants had to beg the hotel authorities to provide them a stay as it was late evening’s time around 11.00-11.30 P.M., making it unsafe for the complainants to stay outside. The complainants were to be given Anant Meadows but there was no booking when they reached Manali. The complainants were made embarrassed, ashamed, brought low, caused to feel small, discomfited by the opposite parties, the complainants then went to stay Hotel Bhavani Villa. Later on stayed in Mroadways Inn. The complainants then stayed at Naddi boutique at Dharamsala. Not even at one place on trip was everything up to the mark. The company has charged per person Rs. 77,500/- just for giving stay and communication. The opposite parties charged plenty amount but have given nil services. The opposite parties provided low grade stay and low grade travel vehicle. The photos of stays and hotel are Ex. C-10 to C-22. It seems that these travel companies are only interested in payment money and find ways and means to decline requirements. The travel company did not honour its commitment as discussed. Moreover, the bills of hotel, stay travel etc. go directly to respondent and was not shown to complainants. From the above said facts, it is amply clear that the opposite parties No. 1 and 2 have committed deficiency in service and unfair trade practice and prayed that the present complaint may be allowed.

5        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in this Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainants. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainants are approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.   However, air travel fare cannot be awarded as complainants have availed the said service.

6        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The opposite parties is directed to pay Rs. 3,10,000/-  to the complainants. The complainants have been harassed by the opposite parties for a long time, therefore,  the complainants are entitled to Rs. 50,000/- as compensation on account of harassment and mental agony and Rs 11,000/- as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainants are entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

29.11.2023