BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 3^rd DAY OF AUGUST 2023

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complainant has filed this complaint U/S 34 of Consumer Protection Act 2019, against OP for the following relief:-

A) Direct the OP’s to refund an amount of Rs.3,04,000/- along with 18% interest per annum from the date of its payment till the date of refund to the complainants.

B) Direct the OP’s to pay Rs.1,75,000/- as compensation towards mental agony, stress and harassment.

C) To grant the cost of these proceedings.

D) To grant any other relief as deemed fit by this Hon’ble Court in the interest of justice and equity.

2. Brief facts of this case are as follows:-

The complainant submits that being desirous of travelling on a holiday, they booked 9 nights, 10 days Croatia tour package on 09.10.2019 to travel from 26.05.2020 to 04.06.2020. The agreed cost of the said package for 2 passengers was Rs.3,04,000/-. The complainant paid Rs.1,69,000/- towards fist advance payment on 15.10.2019 and thereafter paid Rs.1,35,000/- as 2^nd advance on 13.03.2020. In total the complainants have paid Rs.3,04,000/- through bank transfer to the bank account provided by OP. The OP issued the booking ID bearing NoTT36483SDM. The complainants stated that thereafter due to the hit of Covid-19 pandemic, and due to travel restrictions worldwide uncertainty, the complainants could not continue with their travel plan and approached OP for cancellation of their package and refund. But the OP’s assured them that they would extend credit shell voucher which they can use at the later date to travel subject to existing price at that point of them. The complainants agreed to OP’s offer trusting the OP’s promise on 23.07.2021 via E-mail, OP’s provided 2 credit shell vouchers for the land part of Rs.1,81,000/- for which they provided a credit note bearing No.HBTT0123251TS181837 and for the flight part of Rs.1,33,000/-, OP provided credit note bearing No.TBTT2301961331NS782. The validity of this credit shell voucher was till January 2023 and on 21.10.2022 the validity was further extended till September 2024. The complainant approached OP on occasions to make necessary arrangements by reserving the seats for Visa booking and other formalities. However on one pretext or another OPs kept dodging the complainants request and have completely stopped responding to them. It is clear from OP’s action that they are trying to deny the complainants, their legitimate claim over the hard earned money of complainants paid to the OP. This action amounts to deficiency of service and Unfair Trade Practice. Complainant stated that having such terrible experience from OP there were not interested in continuing with OP’s service sought for refund of the amount paid along with interest. The complainants issued legal notice dated 14.02.2023 to the OPs. Hence this complaint by the complainant.

3. On issue of notice to the OPs, OPs have failed to appear before this commission and have remained absent throughout.

4. The complainant submitted documents No.1to7 along with affidavit evidence and also submits written arguments. Heard the arguments of complainants.

5.   On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves deficiency of service on the part of OP’s?

ii) Whether complainant is entitled for the relief?

iii) What order?

8.  Our answers to the above points are as follows:-

Point No.1:- Partly affirmative.

Point No.2:- Partly affirmative.

Point No.3:- As per the final order.            

REASONS

9. Point No.1&2:- These two points are interrelated and hence they are taken up for common discussion.

10. It is clear that the complainant has booked for travel plan on 09.10.2019 with Travelotunes at the cost of Rs.3,14,000/- by the document number-1, i.e., invoice copy submitted by the complainant.

11.  According to document number-3 produced by the complainant, the complainant has been issued credit shell vouchers with credit note No.HBTT0123251TS181837 for Rs.1,81,000/- of land part and credit note No. TBTT2301961331NS782 for Rs.1,33,000/- towards flight part dated 23.07.2021 by the OP. The OP issued the credit note on 23/07/2021 due to the Covid reason for which the complainant has obliged and waited patiently for 2 years. But the OP has failed to organize another trip for the complainants even though the complainants are willing to pay additional charges, accordingly, as promised by then during the issue of credit note which said “full amount can be used for making of trip for same customers but if there will  be any price difference that customers have to pay”.

12. Accordingly to the documents No.4 submitted by the complainant, we can clearly observe the conversation between complainant and OP from 26.09.2019 to 18.02.2023, for 3 years since the complainant has paid the amount for his trip. In the conversations mentioned above, it is clear that the complainant has requested for booking of another trip willing to pay additional charges for said booking. But the OP has failed to organize the trip for the complainants and has avoided the complainant, kept on postponing the trip plan, harassing the complainant. This act of OP shows Unfair Trade Practice and deficiency in their service.  Therefore OP’s are directed to refund the amount of Rs.3,04,000/- along with interest of 10% per annum from date of the order and compensation of Rs.25,000/- towards mental agony and stress and Rs.5,000/- towards legal charges.

13. Point No.3:- In view of the above discussion referred, we proceed to pass the following order:-

ORDER

i) Complaint filed by complainant is allowed in part.

ii) The OP is directed to refund the amount of Rs.3,04,000/- with interest of 10% per annum from the date of complaint till realization.

iii) Directing the OP’s to pay compensation of Rs.25,000/- towards mental agony and harrasment.

iv) Also OP is directed to pay Rs.5,000/-  towards litigation expenses.

v) The OP is further directed to pay entire amount within 60 days from the date of their order, if OP failed to refund the amount, the amount of Rs.3,04,000/- will carry interest at 12% per annum after expiry of 60 days till realization of the amount.

iv)Furnish the copy to both the parties, with no cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 3^rd day of AUGUST, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL