FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, MEMBER.
The case of the complainant in short is that , the complainant booked a package tour (ARUNACHAL-7N/8D) through online with the OP at the total consideration of Rs.63,000/- and paid Rs.4,500/- as booking advance to the OP through Paytm . The said payment was received by the OP and they asked to pay Rs.40,000/- on 06.10.2018 out of aforesaid Rs.63,000/- . The complainant paid Rs.30,000/-. Suddenly on 11.10.2018 the OP sent a mail to the complainant to pay extra at least Rs.25,000/- due to price hike in three destination of travel Twang , Bomdila , & Dirang . In this way the complainant was forced to pay agreed amount of the tour of Rs.63,000/- along with extra amount of Rs.22,780/- to the OP . During the tour from 12.10.2018 to 18.10.2018 the OP did not provide the free breakfast and the complainant had to pay from his own pocket which comes no less than Rs.7000/- . The said matter was informed to the OP through mail , but all are in vain. The OP replied through mail that only Rs.2805/- has been extra expenditure. But no steps has been taken to refund the same . The complainant is entitled to get back Rs.31,085/- from the OP as he has paid extra amount over the package tour amount Rs.63,000/- and paid more than an amount of Rs.7000/- for breakfast . Therefore, this case is filed before this Ld. Commission to get relief/reliefs.
OP has contested the case by filing written version assailing the maintainability of the case and denying and disputing all allegations made out in the complaint petition. The positive case of the OP is that the complainant has no cause of action against the OP and the said petition is incorrect and false. The OP stated that the complainant paid an amount of Rs.4,500/- as token/package registration on 02.10.2018 to the OP. On the first day i.e. on 02.10.2018 the OP informed the complainant that to fill the package verification form and to pay 45% booking amount to avoid delay in booking .Thereafter, the complainant clicked ‘I agree’ and filed the form on 04.10.2018 at 7.40pm after the office hours. On 05.10.2018 the OP re-intimated the complainant over a call to clear the 45% payment as soon as possible within 06.10.2018. But an amount of Rs.30,000/- was received by the OP at 4.15pm from the complainant and thus the complainant failed to pay 45% of booking amount after delaying 5 days .In spite of several calls and mails the complainant did not pay the 45% of booking amount which was compulsory for booking hotels and other facilities which is mentioned in the terms and conditions in the form provided to the complainant. Even, the complainant did not pay the agreed amount of Rs.63,000/- and extra amount of Rs.22,780/- to the OP. No receipt of payments is produced by the complainant in this regard. The complainant also failed to produce any receipt of payments which were paid to the vendors, hotels as claimed by him. It is also mentioned by the OP that no breakfast was included in the booking as per their booking plan. The complainant paid only an amount Of Rs.34,320/- to the OP. The complainant filed this petition only to harass the OP.
To prove the case the complainant has adduced evidence on affidavit. The OP filed questionnaire which was duly replied by the complainant. OP failed to file E/chief within stipulated period. Both parties have filed BNA. We have examined the entire material on record and given a thoughtful consideration to the arguments advanced before us.
The admitted fact is that the complainant booked a package tour through online with the OP at the total consideration of Rs.63,000/- and paid an amount of Rs.4,500/- . Fact also remains that on 11.10.2018 the OP intimated the complainant for requirement of Rs.25,000/- extra due to price hike in three destinations of the said travel Tawang , Bomdila & Dirang . Photocopy of the email sent by the complainant to the OP stated that the complainant had paid an amount of Rs.16500/- to the driver on 18.10.2018 which was admitted by the business correspondent of the OP. The complainant alleged that he was forced to pay agreed amount of the tour of Rs.63,000/- along with the Extra amount of Rs.22,780/- to the OP. Ld. Advocate of the OP denied the allegation and argued that the complainant did not pay any of the aforesaid amount to the OP and failed to produce the receipt of the payments. On scrutiny of documents on record filed by the complainant, it is found that the complainant paid an amount of Rs.30,000/- to the OP on 05.10.2018 and intimated the OP via e-mail that an amount of Rs.10,000/- will be paid by him to the OP after receiving all booking details of hotels, vehicle , etc. and balance will be paid by the complainant on 15.10.2018 to the driver. But not a single document of aforesaid payments is attached / mentioned by the complainant. Therefore, it appears before us that there is logic in the submission of the OP. Moreover, the Ld. Advocate for the complainant submitted that during the tour the OP did not provide breakfast and complainant had to bear the expenditure for that purpose more than an amount Rs.7000/- . But there is no cash memo/bill is found in this regard .
Ld. Advocate for the OP submitted that as per their terms and conditions the complainant should have pay 45% of the total cost as 2nd payment . But despite several intimations the complainant did not pay 45% of the total cost i.e. an amount of Rs.40,000/- and pay only an amount Of Rs.30,000/- . Photocopy of the terms and conditions furnished by the OP and photocopies of emails submitted by the both parties stand by the submission. The complainant submitted that on 11.10.2018 the OP sent an e-mail stating due to price hike in three destination of travel , Tawang, Bomdila & Dirang the complainant would have to pay extra at least an amount of Rs. 25000/- which is nothing but a unfair trade practice on the part of the OP . Photocopy of the above mentioned e-mail furnished by the OP goes to show that the OP intimated the complainant regarding the extra payment in detail and asked him to provide them final decision to proceed such as
- to partially cancel the package where all reserved services will stay confirmed and will collect the fee for the same only
- let them manage all the places and service as promised with additional 22780 INR as notified on call earlier
On the same day the OP sent a reminder to the complainant intimating that : failing to provide confirmation would let us to proceed to booking looking at your travel date and arrangements situation that you explain and we will later demand the payment . Your urgent reply is awaited .
Not only that , it is found in the Annexure F adduced by the OP reveals that hotel booking from 12.10.2018 to 13.10.2018 in Shillong and from 18.10.2018 to 19.10.2018 in Kaziranga was full paid . Rest of the booking from 13.10.2018 to 18.10.2018 was without payment . Therefore, no unfair trade practice on the part of the OP is found by us .
Ld. Advocate of the OP submitted that the complainant paid only an amount Of Rs.34,320/- to the OP . The complainant furnished a photocopy of the e-mail dated 25.10.2018 sent by the OP to the complainant stating that:
As per your payment information you have paid 88585 INR in total which is 2805 INR extra than the cascaded amount, hence we have decided to investigate with our vendors and billing team to cross verify this discrepancy .
But as per materials on documents and the submission by the OP the complainant paid 34320+16500 = 50820 in total , whereas the total cost of the tour package was 63000+22780 = 85780 .
In the WV the OP submitted that they are ready to refund the said amount of Rs.2805/- to the complainant if the complainant is ready to pay all the dues to the OP . But the complainant failed to file any valid documents in favour of his submission that he has paid an amount of Rs. 88,585/- and without that the arguments made by the Ld. Advocate of the complainant have no leg to stand . As well as our hands are also tight without any legal document .
Therefore, we are of the opinion that the complainant has miserably failed to prove his case .
As such , the complaint case fails on merit .
Hence ,
ORDERED
That the Complaint case be and the same is dismissed on contest against the OP without any cost .
