BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.172 of 2021
Date of Instt. 29.04.2021
Date of Decision: 10.10.2022
Bhushan Kumar, aged 38 years, son of Sh. Ramji Dass, resident of VPO Dhesian Kahna, Tehsil Phillaur, Distt. Jalandhar.
..........Complainant
Versus
1. TKI Tours (India) Pvt. Ltd. 19/A, Vaibhav Palace, Oshiwara, Opp. Mega Mall, New Link Road, Mumbai, Maharashtra-400102 through its Managing Director.
2. Bikash Yadav, Sales Officer cum Management Executive, TKI Tours India Pvt. Ltd. B-36, South Extension-1, Amrit Nagar, New Delhi.
3. Dinesh Kumar, Sales Executive, TKI Tours (India) Pvt. Ltd. 103, Building No.B 14, Millat Nagar, Andheri West Mumbai.
4. Prem Kumar, Sales Executive, TKI Tours (India) Pvt. Ltd. 103, Building No.B 14, Millat Nagar, Andheri West Mumbai.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. D. K. Jassi, Adv. Counsel for the Complainant.
OPs exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainants, wherein it is alleged that the OP is engaged in the business of providing package for tours and travels and the OPs is also dealing with State Bank of India. The complainant is also working in State Bank of India as Assistant Manager. The OP through its representative Sh. Dinesh Kumar, approached the complainant at Jalandhar for providing package tour and travel service and lured the complainant to take package from their company, to which the complainant agreed. The complainant paid a sum of Rs.30,000/- from his account No.30365975774 to which receipt No.44 dated 16.04.2018 was also issued by the OP. The amount was directly credited into current account No.30344272867 of TKI Tours (India) Pvt. Ltd. The representative of OP explained about the package to the complainant and assured him that full advance will be refunded in case due to any reason the complainant is not able to go with TKI Tours before stamping of VISA. On his assurance the complainant agreed. The complainant was planning to go abroad (Europe) but as State Bank of India did not allow him to travel abroad therefore he could not finalized his tour. After that the complainant requested the OP to refund the amount but the representative of the OP assured the complainant that they will again arrange afresh package tour for the complainant in any future date and will adjust his advance money in that package to which the complainant agreed. Finally, the complainant planned to visit Andaman and Nicobar Islands. The company of OP assured that they will adjust advance money paid on 16.04.2018 in this package tour of the complainant. The OP kept on assuring the complainant that they are arranging the tickets and package tour and asked the complainant to keep in touch with them, the complainant remained in touch with the OP for package tour but on 14.05.2019 when tentative travel date was fixed and the complainant was about to travel Andaman and Nicobar Islands then the OP started to delay the matter on one pretext or the other ultimately the complainant had to book tickets from his own pocket on 28.05.2019 at much higher price i.e. Rs.79,612/- but infact the tickets were of very cheaper price had it been booked two week earlier. The complainant had to suffer loss due to their act and conduct and the complainant had to bear substantial part of the expenses of the tour out of his own pocket but the tour was supposed to be arranged by the OP. Due to the act and conduct of the OP, the complainant had to suffer financial loss as well as mental agony and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund Rs.30,000/- for advance payment of package charges alongwith interest @ 18% per annum till its realization and Rs.1,00,000/- as a compensation for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service OPs No.3 & 4 did not appear and ultimately OPs No.3 & 4 proceeded against exparte. Whereas, OPs No.1 and 2 sent reply by email on 14.07.2021, which read as the complainant booked a tour to Europe for three persons amounting to Rs.30,000/- on the 16th April, 2019 vide his bank account no.30365975774 of State Bank of India for a group tour to European countries as per the travel itinerary of the tour which was given to them as Highlights of Europe Tour for 9 nights and 10 days within Europe from our company. The tour cost compromised of confirmed Air Tickets blocked by Mahan Air based in Delhi, as well as for hotels in Europe and sight seeing’s, an air-conditioned coach for the duration of the tour and the services of a tour manager who was to accompany the group. Since there are many elements to block seats for a Europe group tour we are compelled to receive Rs.20,000/- per person which is mandatorily to be paid to various offices like the airlines, hotels, booking of the coach etc. In the present case, Mr. Bhushan Kumar had only paid Rs.10,000/- for each person totaling to Rs.30,000/- instead of minimum requirement of Rs.60,000/- and in the present case, the complainant has suppressed the material facts and fraudulently obtained order from this Commission. After this, they did not appear and hence proceeded against exparte. Again May 27, 2022 written version of OPs No.1 and 2 received by email which has been considered.
3. In order to prove his respective version, the counsel for the complainant produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. From the scrutiny of the documents, it reveals that the complainant approached OPs for providing package tour and travel service and OPs lured the complainant to take package from their company to which complainant agreed and paid Rs.30,000/- for booking Europe Tour Ex.C-1, Ex.C-2, Ex.C-3 statement of account attached herewith and OPs gave assurance that full advance will be refunded in case due to any reason, the complainant is not able to go with TKI tours before stamping of Visa. Thereafter, the employer of the complainant i.e. State Bank of India did not allow him to travel abroad and the complainant requested the OPs to refund the amount but OPs assured the complainant that they will adjust the advance money in any future date for any other package to which the complainant agreed. The complainant planned a tour of Andeman Nicobar Island and informed OPs on 14.05.2019 to arrange the package tour but OPs kept on delaying this matter on one pretext or the other. Ultimately, the complainant booked the tickets from his own pocket on 28.05.2019 at much higher price.
6. On the other hand, the OPs in their written version in the shape of email dated 27.05.2022 have stated that the complainant had booked a tour to Europe for three persons. OPs are a small sized travel agency who has been organizing Europe tours for many officers from State Bank of India on their LTC. Since December, 2019 OPs had no work since people do not travel to Europe after December due to the Covid. Thereafter March 2020 till date, the Europe tours have not yet started and as such, OPs have been out of work since the past 2 ½ years, with no income. The complainant had booked tour for which they have already booked for airlines, hotels and other services to make sure that their Europe tour is properly booked and that they will not have any hindrance while on tour as far as reservation is concerned. The complainant had paid only Rs.10,000/- per person whereas he was to pay Rs.20,000/- per person, totaling Rs.60,000/-. The complainant has concealed material facts. The complainant subsequently cancelled his booking citing personal reasons and was demanding his payment which we had already forwarded to airlines and hotels for his tour bookings.
7. In their written arguments, it has been submitted that at the time of booking, OPs had assured him to return the amount, if the tour is cancelled due to any reason. In reply, the OPs have not rebutted this. They have also not given any proof of their booking airlines, hotel and other service for the complainant. So, from all the angles the OPs have failed to prove their case and as such, the complainant is entitled for the relief.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and the OPs are directed to refund the amount of Rs.30,000/- as advance payment of package charges alongwith interest @ 6% per annum to the complainant from the date of making payment till its realization. Further, OPs are directed to pay a compensation and litigation expenses to the complainant for mental agony and harassment caused to the complainant, to the tune of Rs.10,000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
10.10.2022 Member Member President
