Haryana

Ambala

CC/13/2013

AMIT - Complainant(s)

Versus

TODAY MERCHANDISE PVT LTD - Opp.Party(s)

V.P.S.Duggal

07 Oct 2016

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

Complainant case no. : 13/ 2013

Date of Institution    : 14.01.2013

Date of decision       : 07.10.2016

                                   Amit Gangwar, G.C. road, behind GOC Bungalow, Ambala Cantt.

                       ……. Complainant.

 

1    Today Merchandies Pvt. Ltd. Bagittoday. Com, 201, Competent House, F-14 Middle Circle, Cannaught Place, New Delhi-110001.

2.  M/s Living Media India Ltd; 9-K-Blok, Connaught Place, New Delhi-110001.

                                                                     ….…. Respondent.

Before:           Sh. DN Arora, Preseident

                        Sh. Pushpender Kumar, Member                          

Present:          Sh. VPS Duggal, counsel for the complainant.

                        Ops already proceeded against exparte v.o.d. 19.07.2013.

ORDER:

                        In nutshell, brief facts of the present complaint is that on the persuasion of the opposite parties the complainant booked a Holiday Package through the website of opposite parties for a sum of Rs. 5998 and further paid a sum of Rs. 550/- as processing fee to the opposite parties vide invoice no. TRPNL/DLI/2012-2013/10136 dated 27 July 2012, order no. 112508 dated 27 Jul 2012, Booking I.D. No. 1018034039, Membership No. BIT 120214546 and after making the above mentioned payment the complainant sent a voucher code form online on his choice of destination and ate from the list given by the opposite parties on 07 Aug. 2012 its. Further submitted that as per the terms of required period for booking, the complainant was sent the voucher code request from on 07 Aug 2012 for the Holiday Package starting from 14-18 Sept to 16-18 Sept 2012 and after

 

sending the voucher Code request form well within times, the complainant had been waiting for a confirmation of booking letter from the opposite parties but the complainant had received a letter informing the complainant that no booking can be done as the same is unavailable in the month of September. Further submitted that the opposite party failed to refund the amount of Rs. 5998/- along with Rs. 550/- received by them as the processing fees and the complainant is entitled to the said amount along with interest @ Rs. 18% per annum from the date of receipt of the amount to the date of realization. Further submitted that the complainant has unnecessarily been harassed by the opposite parties due to their deficiency of service and unfair trade practice as such the complainant is further entitled to a sum of Rs. 20,000/- as damages for causing mental as well s physical harassment due to the deficiency of service and unfair trade practice on the part of the opposite party. Hence, the present complaint.

2.                     Registered notices issued to Ops but they did not bother to appear and were proceeded against exparte vide order dated 19.07.2013.

3                      To prove his version complainant tendered his affidavit as Annexure CX & CY alongwith documents as annexure C1 to C9 and close their evidence.

4.                     We have heard learned counsel for the complainant and carefully gone through the case file. Case of the complainant is that he got  booked a holiday package with Op on 27.07.2012 and paid a sum of Rs.5998/- vide Annexure C-5  and also deposited a sum of Rs.550/- as processing fee but the said tour was rejected by Ops vide letter dated Annexure C-9 and also not refunded the deposited money. Counsel for complainant has argued that  as per terms & conditions of the Ops “prior notice of 21 days in advance is required for bookings in case you decide to travel within a month from the date of purchase of the voucher”.  Pursuance to that term & condition, complainant  has  sent Voucher Code Form (Annexure C-6) onlie  to the OP for destination Munnar The Kkady  for 14-16 Sept. 2012 (Ist choice) & from 16-18 Sept. 2012 ( 2^nd choice). But complainant was surprised to  received  letter dated 11.09.2012 of OP (Annexure C-9)

 

whereby the booking form of the complainant has been admitted to be received but it was rejected as it does not comply with their terms & conditions. Perusal of document Voucher Code Request Form reveals that the complainant has sent his tour destination form to Op on 07.08.2012 for Ist journey option which was commencing from 14-16 September,2012. Meaning thereby  that  it was well 21 days  advance notice to the Ops for his tour destination but the Op has wrongly rejected the tour programme on the ground that it does not comply with their terms & conditions whereas prior notice of 21 days in advance is required for bookings in case you decide to travel within a month from the date of purchase of the voucher and same has been complied with by the complainant as Op has been duly informed on 07.08.2012.  Besides it, the OP has not refunded the amount of Rs.5998/- and Rs.550/- so deposited by the complainant with OP in spite of rejection of tour schedule form. So, the act & conduct of the Ops is deficiency in service as well as unfair trade practice on their part.  Since, the Ops have remained exparte and the version of complainant has not been rebutted thus we have no other option except to believe the version of complainant. Accordingly, in view of the reasons above, we allow the present complaint and direct the Ops to comply with the following direction within thirty days from receipt of copy of the order:-

(i)        To pay a sum of Rs.5998/- & Rs.550/- to the complainant alongwith interest 9% per annum from the date of institution of the complaint till its realization.

(ii)       Also to pay a sum of Rs.10,000/- on account of mental harassment & agony alongwith cost of litigation.

                        Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 07.10.2016                                                                  Sd/-

                                                                                                    (D.N. ARORA)

                                                                                                          President

 

                                                Sd/-

                          (PUSHPENDER KUMAR)

                                                                                                          Member