CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 590/2013
Lt. Commander R. S. Chauhan
S/o Sh. Udaybir Singh Chauhan
B-1/104, Param Puneet CGHS Ltd.
Plot No.27, Dwarka Sector-6
New Delhi-110075 ……Complainant
Versus
Today Retail Network Pvt. Ltd.
B-47, Indira Enclave, Neb Sarai,
New Delhi-110068 ……Opposite Party
Date of Institution : 06.12.13 Date of Order : 30.09.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that on 26.06.2012 he had purchased a holiday package consisting of two vouchers for 2 days & 3 nights worth Rs.5,998/- vide booking I.D. 1017789258 through Bagittoday.com as confirmed by the officials of the OP through telephone as well as email. He filled redemption voucher alongwith demand draft of Rs.550/- towards booking process fee and mentioned two holidays destination for a single date as per the terms and conditions in the month of September, 2012. The demand draft was delivered to the OP on 10.09.2012. He had purchased the holiday package to celebrate his marriage anniversary but the OP never complied with the choice of destination and date of holiday. The holiday planning throughout the year could not be carried out in view of the pending holiday package and the family remains in the state of uncertainty regarding celebration which caused lot of mental and physical agony in addition of spoiling the holidays. He requested the OP for destination which was turned down citing unavailability /vacancy of hotels of the said date. He made several queries to the customers care but they never entertained the request. The OP always cited unavailability. The voucher was valid only for one year which expired on 25.06.2013. The customer care executive of the OP always excused and stated that there was availability on the said dates in Jaipur but only persons above 30 years of age are allowed inside the hotel. Such excuses are illogic and harassed him mentally. If round of the year there is no availability, then such vouchers should have not been sold to anybody by the OP. He sent email but no reply has been received from the OP. Complainant has prayed as under:-
to direct the OP to pay a sum of Rs.5 lakhs as compensation plus Rs.6,548/- to the Complainant.
When no one appeared on behalf of the OP, OP was proceeded exparte vide order dated 01.05.14.
Complainant filed his exparte affidavit in evidence and written arguments as well. We have heard the arguments of the Complainant and have also gone through the file very carefully.
Complainant has placed on record holiday voucher terms and conditions as Ex. CW-1/B, the receipt for an amount of Rs.5998/- dated 25.06.2012 as Ex. CW-1/C. The Complainant sent an email dated 04.05.2013 to the OP for booking vide Ex. CW-1/D. He further sent a legal notice dated 10.06.2013 to OP (copy Ex. CW-1/E).
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. Therefore, we hold the OP guilty of unfair trade practice.
We allow the complaint and direct the OP to refund the deposited amount of Rs.6,548/- (Rs.5,998 + Rs.550) alongwith interest @ 6% per annum from the date of filing of the complaint till the date of realization. OP is also directed to pay a sum of Rs.5,000/- for harassment and mental agony undergone by the Complainant including cost of litigation to him.
The order shall be complied with within 30 days of receipt of this order failing which the OP shall become liable to pay interest @ 9% p.a. from the date of filing of complaint till realization.
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 30.09.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
