DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.482/2013
Sh. Surajit Kumar Dangar
Address (Permanent): Vill.-Jagannathpur
(Near Block Colony & Behind the Community Hall)
Post-Simlapal. Dist-Bankura,
State West Bengal PIN-722151
(Present): WZ-120, Raj School International,
2nd Floor, Near Choti Chopal,
Shadipur Main Market
Opposite West Patel Nagar,
New Delhi-110008 ……Complainant
Versus
1. Today Retail Network Pvt. Ltd. – DL1
B-47, Indira Enclave Neb Sarai,
New Delhi-110068
2. Affordable Sales Promotion Pvt. Ltd.
B-45, Sector-57, Noida UP-201301 ……Opposite Party
Date of Institution : 16.09.13 Date of Order : 01.01.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
According to the Complainant, he had purchased a package for four nights and five days holiday accommodation with one year validity from OP on 20.02.2012 via online payment of Rs.5998/- vide order bearing ID No. 1015464916. The order was supplied from OP No.1 but invoice no. from OP No.2 was received on 22.02.2012. He purchased 4 nights and 5 days accommodation but he requested 2 holiday booking vouchers for 2 nights and 3 days accommodation. But the promotional team of the OPs informed that they cannot split vacation into two parts. Therefore, they booked vacation for 4 nights and 5 days for one destination. He had applied for holiday accommodation booking 20 days before the travelling date and had sent a demand draft of Rs.450/- (process fee) before 21 days from the travelling date. In the terms and conditions no detail was mentioned. He had sent several e-mails to the OPs regarding the booking. He approached the supreme authority to resolve the issues; they accepted the matter and requested him to allow 5-7 days more working days to resolve the issue. On 30.01.13, OP contacted him but they had not resolved his issues and not provided any information and that is why he could not able to send his request for holiday accommodation booking from 09.02.13. Therefore, he had requested the concerned authority to refund his money i.e. an amount of Rs.5998/- within the validity period. On 18.04.13 the OP offered him another holiday package (extension of membership offer) for Goa from 15.06.13 to 19.06.13. He accepted their offer and made the payment of Rs.450/- (processing fee) and sent his request for holiday booking which was not transferable and was for maximum 4 adults and holiday booking conformation would be made in his name. He received a confirmation holiday voucher with so many mistakes. The holiday booking confirmation voucher had been made in the name of his dependent + two kids (i.e. Mr. + Mrs. Dhirendarnath Dangar + two kids) and termed as non-transferable although he had sent the booking in his name and shared the name of four adult travellers for holiday vacation as the holiday booking confirmation voucher was incorrect. He sent several application from 27.05.2013 through e-mails and postal letters to make the necessary correction as it would cause a legal problem to stay at the resort. On 01.06.13 the OP informed him that his application for change in the holiday booking voucher was forwarded to the concerned authority for correction but neither the concerned authority made the correction within time nor he was ensured. But from 05/06/2013 suddenly the concerned authority of Bag It Today presented a newly updated T & Cs & claimed that he had placed the order on dated 22/02/2012 and as per the terms & conditions of the offer he had to send the holiday request voucher certificate along the demand draft of Rs.450/- (processing fee) within 90 days of purchasing the package & as he did not follow the T & Cs of the offer that is why his membership was already getting expired. On 21.06.13, the OP declared his holiday voucher status as rejected due to that particular reason. He never accepted the terms and conditions of the OP. On 08.06.13 he sent a legal notice to the OP but no reply was received from the OP. Due to that legal problem he had to cancel his holiday vacation and he had informed the OP. On 25.07.13 and 05.08.13 the OP agreed to refund his money in that condition that he had to return their complete product package but neither the concerned authority clearly mentioned how much amount of money will be refunded to his account nor they mentioned clearly who will pay the postal charges for returning the whole package. Hence pleading deficiency in service on the part of OPs, the complainant has prayed as under:-
- Direct the OPs to pay a sum of Rs.5 lakhs to the Complainant as compensation for causing him mental agony and harassment.
- Direct the OPs to pay Rs.200/- towards fee.
When no one has appeared on behalf of the OPs, the OPs were proceeded exparte vide order dated 07.03.14.
Complainant has filed his exparte evidence by way of affidavit. We have heard the Complainant and have also gone through the file very carefully.
Complainant has failed to mark exhibit nos. or annexures nos. on the corresponding documents.
Complainant had purchased a package for four nights and five days holiday accommodation with one year validity from OP on 20.02.2012 via online payment of Rs.5998/- vide order ID No. 1015464916 (copy annexure-A for the purpose of identification). When his request for availing the holiday package could not mature due to the reasons stated in the complaint, he asked the OPs to refund the amount to him. The OP vide email dated 05.08.13 informed the Complainant that they will do the needful once they receive the parcel bag alongwith the copy of invoice and covering letter (copy annexure-C for the purpose of identification). The Complainant vide email dated 05.08.13 intimated the OP that he will return the complete product package but they will inform first, as to how much amount will be refunded in his account (copy annexure-D for the purpose of identification).
OPs have the knowledge about the filing of the complaint but have not chosen to contest it.
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 OPs guilty of unfair trade practice and allow the complaint and direct the OP No.1 to refund the amount of Rs.6448/- (Rs. 5998/- as booking amount + Rs.450 as processing fee) alongwith interest @ 6% per annum from the date of filing of complaint till the date of realization. OP No.1 is also directed to pay a sum of Rs.2000/- for harassment and mental agony undergone by the Complainant including cost of litigations.
The order shall be complied within 30 days of receipt of this order.
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 01.01.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
