Chandigarh

DF-II

CC/591/2018

Puja Garg - Complainant(s)

Versus

Travel Raga Holidays Pvt. Ltd. - Opp.Party(s)

Rajni Narula Adv. & Rajesh Narang Adv.

01 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	591/2018
Date of Institution	:	25.10.2018
Date of Decision	:	01.04.2019

 

                                       

                                               

1. Puja Garg aged about 40 years wife of Sh.Susheel Masih r/o # 5864, Modern Housing Complex, Manimajra, Chandigarh.

 

2. Susheel Masih aged about 38 years son of Sh.Barkat Masih r/o # 5864, Modern Housing Complex, Manimajra, Chandigarh.

 

3. Aaryan Masih aged about 14 years son of Sh.Susheel Masih r/o # 5864, Modern Housing Complex, Manimajra, Chandigarh.

 

4. Bhupinder Pal Singh Malhotra aged about 41 years son of Sh.Amarjit Malhotra r/o # 121/1, Sector 45-A, Chandigarh.

 

5. Depinder Kaur aged about 39 years wife of Sh.Bhupinder Pal Singh Malhotra r/o # 121/1, Sector 45-A, Chandigarh.

 

6. Bhani Malhotra aged about 13 years daughter of Sh.Bhupinder Pal Singh Malhotra r/o # 121/1, Sector 45-A, Chandigarh.

 

7. Akshara Malhotra aged about 7 years daughter of Sh.Bhupinder Pal Singh Malhotra r/o # 121/1, Sector 45-A, Chandigarh.

...  Complainants.

Versus

Travel Raga Holidays Pvt. Ltd., 422, 2^nd Floor, Near Bikanear Sweets, Sant Nagar, East of Kailash, New Delhi through its Authorized Representative.

…. Opposite Party.

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by

 

                Sh.Rajesh Narang, Adv. for the complainants

                OP exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Brief facts of the case as alleged by the complainants are that the complainants No.1 to 3 are from  single family whereas complainants No.4 to 7 are from another single family and both they planned a family tour for some days in H.P. and for that purpose they made search on the internet and found an exciting offer for a three nights and four days tour for Manali against Rs.22,000/- inclusive of all taxes per family.    The tour was scheduled from 09.06.2018 to 12.06.2018 at Hotel Domina Mount View at Manali as given in the information schedule.  Besides stay in the hotel, three breakfast and three dinners were scheduled and several activities i.e. complementary indoor activity, complementary discotheque entry in hotel, one half day local sightseeing by private  car (Innova), one day Solang Valley sightseeing by private car, one day Kullu –Manikaran sightseeing by private car were also to be assured.  To and fro expenses from Chandigarh to Manali on 08.06.2018 (night) and then back from Manali to Chandigarh on Innova car was also included in the package. The aforesaid schedule as well as itinerary was mentioned in the e-mail dated 15.05.2018 (Annexure C-1). 

                Being allured by the aforesaid package,  the complainants booked the same after making payment of Rs.44,000/- (for two families) vide Bank Transfer on different dates  as is appearing in e-mail (Annexure C-2).  The booking was confirmed by allotting File No.188-79455. It has further been averred that about a week ago from the start of the tour, the complainant No.1 wanted to know some details about the scheduled tour from the OP’s representative namely Jasmeet telephonically on the mobile phone who was unable to answer the queries put, rather misbehaved with him and this fact was intimated by the complainant No.1 through e-mail dated 30.05.2018 (Annexure C-2).  On 02.06.2018, the OP sent a hotel voucher of the hotel namely Domia Mount View where the complainants were made to stay in which type of room was specified as Deluxe Room as well as taxi voucher for ‘Innvoa’ car but without mentioning any registration number of the vehicle as appearing in e-mail  dated 02.06.2018 (Annexure C-3).   However, the said innova car was having only six seating arrangements including driver and thereby providing only 5 seats to 7 complainants for a long journey of more than 300 KM to be completed by travelling throughout the night and as having reasonable apprehension of inconvenience, the complainant requested the driver to make an alternative arrangement having proper seating arrangements but he refused.  The complainant No.1 brought this fact to the notice of OP through e-mail dated 09.06.2018 (Annexure C-3) but to no effect and as such they forced to adjust on 5 seats only as in the midnight they could not find any other alternative.   

                It has further been averred that  immediately after checking in the hotel in the afternoon on 09.06.2018, they found that the hotel was very pathetic as right from the entrance of the hotel till inside the rooms, the condition was very horrible as the empty cannies, dustbin were placed in  front of the reception counters and the rooms were having furniture in a very pity condition. The cushions of the chairs were separated from the chairs and the washrooms were leaking and were not having any towel, there were lot of fillies in the rooms and they brought the same to the notice of OP through e-mail dated 09.06.2018 (Annexure C-3).  It has further been averred that in the evening of 09.06.2018 when they came back to the hotel and at about 9 p.m. they enquired about indoor activities and discotheque but it was told by the management of the hotel that no such activity /facility exists.  It has further been averred that at about  9.30 p.m. when they went to have their dinner they were shocked to see that the curd, cheese and salad were totally missing from the buffet as it was not too late at 9.30 p.m. only and there were total 9 rooms in the hotel and even there was no sweet dish in the buffet and the complainant reported the matter to the OP through e-mail dated 09.06.2018 (Annexure C-3).   The complainant No.1 also made aware the OP regarding the grievances through whatsapp on mobile number but no response was received.  It has further been averred that as per the schedule, they were not taken to various temples and sightseeing as promised on the pretext of the said places being overcrowded and similar was the excuse for visiting Manikaran.  It has further been averred that after spending three days there in a miserable mood, they came back in the same vehicle and in the same uncomfortable position as the entire package price had already been received by the OP.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.

2.         Despite due service through registered post, the OP failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 03.12.2018.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In his exparte evidence, one of the complainants i.e. Smt.Punja Garg, complainant No.1 has filed her detailed affidavit reiterating the averments as made in the complaint. The complainants have also placed on record the documents as mentioned in the complaint which support the averments made in the complaint.    In our considered view,  due to uncomfortable journey from Chandigarh to Manali then Manali to Chandigarh, non-providing of the promised activities and facilities in the hotel and non-providing of the sightseeing to various places as promised for which the OP had charged well in advance, the complainants have certainly suffered mental agony and harassment at the hands of the OP.  Even the OP did not bother to reply to the e-mail dated 09.06.2018 or whatapp message sent by the complainants.  Besides this the OP chose not to appear before this Forum.  Therefore, in the absence of any rebuttal from the side of the OP, the version of the complainants, supported by the duly sworn affidavit, must prevail.   Keeping in view of the facts and circumstances of the case, we are of the considered view that the interest of justice would be met if the complainants are awarded a consolidated compensation of Rs.15,000/- on account of causing mental agony and harassment to the complainants as well as the litigation expenses. We order accordingly.
5.         In view of the above discussion, the present complaint is allowed by directing the OP to pay a consolidated compensation of Rs.15,000/- on account of causing mental agony and harassment to the complainants as well as litigation expenses. This order be complied with by the OP, within 30 days from the date of receipt of its certified copy, failing which the awarded amount shall also carry interest @9% per annum from the date of the order till its actual payment.
6.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

01/04/2019

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER