Before the District Consumer Dispute Redressal Commission [Central], 5th Floor ISBT Building, Kashmere Gate, Delhi
Complaint Case No. 13/2020
Shri Aditya Trehan
S/o Late Shri Ashok Kumar Trehan
R/o 147-C, LIG DDA Flats, Motia Khan,
Paharganj, New Delhi-110055 …Complainant
Versus
OP1: Shri Uday S. Naik, Proprietor,
Suntravs Travel Management
Makan No. 117, Rameshwar Nagar, Tower ke Pass,
Ward no. 47, District East Nimar, Khandwa-450001,
Madhya Pradesh.
OP2: Shri Suprit, Suntravs Travel Management,
H. No. 35, Rameshwar Nagar, Khandwa-450001,
Madhya Pradesh.
OP3: Ms. Nidhi Upadhayay, Assistat Manager-Operations
Suntravs Travel Management,
IS-23, Ward no. 49, District East Nimar,
Khandwa-450001, Madhya Pradesh.
OP4: Ms. Shivani Joshi, Operations Executive,
Suntravs Travel Management,
Ward no. 29, Padawa Sharan Mukharji Marg,
Khandwa-450001, Madhya Pradesh ...Opposite Party
Date of filing: 15.01.2020
Date of Order: 07.11.2023
Quorm: Shri Inder Jeet Singh, President
Ms. Shahina, Member -Female
ORDER
Shahina
1.1 The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986 by stating him a consumer. The case of the complainant is that he planned an international tour to visit Singapore and Malaysia with his family (i.e. mother and sister) accordingly he contacted the OP company for arranging the package for the period of 19th to 27th June, 2018.
1.2 Complainant states that the package was worked out by OP3 (Ms. Nidhi) and finalized on 02.06.2018. The Singapore and Malaysia package cost was Rs. 2,52,000/- i.e. 84,000/- per person including of flights, hotel sightseeing tours and its entry tickets, etc. Moreover, the cost of arranging visa for Singapore and Malaysia was of Rs. 15,000/- Rs. (5000x3 persons) of itinerary dated 02.06.2018 provided by the OP company is annexed as Annexure-1.
1.3 The complainant states that he was not informed by the OP company regarding Singapore visa approvals to be delayed due to technical reasons in website of Singapore Commission. The complainant further states that after finalization of the package he had paid a sum of Rs. 2, 52,000/- as full payment of package in the account of OP company in Axis Bank through internet banking which was duly acknowledged by OP3.
1.4 Complainant further states that OP No. 4, (Ms. Shivani Joshi-Operation Executive) sent the documents for completing Visa formalities on complainant’s email ID and told the complainant to visit the office of Udaan India Pvt. Ltd., 309-312, Somdutt Chamber-II, 9 B, C.P. New Delhi-110066 to get the Visa but complainant told to OP No. 4 that the arrangement of Visa is the responsibility of OP1 because he paid the full payment of package including Visa charges and Visa arrangement. However, OP No. 4 insisted the complainant go there personally for depositing the Visa documents, or courier the documents to their address; and OP4 denied to make any arrangement for pick up Visa documents.
1.5 On 8th June, 2018 after arranged all the Visa documents complainant met OP’s, representatives Mr. Rishab and Mr. Vinod, who deals with Singapore & Malaysia Visa. They told that Singapore Visa approvals are delayed due to some technical problem in Singapore Commission website and the travel date of the complainant was of 19th June, 2018, which was very near that is why the Visa application and passport has not been done; at the same time OP told the complainant that OP company have a vendor in Jaipur and asked the complainant to courier all Visa documents along with original passport to them but complainant requested her to arrange vendor in Delhi but she had unable to arranged any other vendor in Delhi who can apply Visa for complainant and his family. Moreover, complainant told to the Ms. Shivani (OP4) that complainant has a known person who can get the Visa done. OP4 agreed, thus complainant contacted his known person; and he would take Rs. 19,000/- for applying and getting the Singapore and Malaysia Visa work done, complainant informed this fact to OP3 & 4 and they assured to refund the Visa amount, which was also already paid by the complainant inclusive in the package amount. The sum of Rs. 19,000/- was paid from his own pocket to the concerned person.
1.6 The complainant had reached Singapore on 19th June 2018 and checked into hotel Studio M’ situated at Nonsen Road, Singapore where stay of the complainant and his family was booked by OP company for 5 days from 19th June to 24th June 2018 vide booking reference no. 322-1141563. Copy of hotel voucher dated 09.06.2018 is annexed as Annexure-2.
1.7 The complainant alleged that he had 5 days booking in hotel and not for 3 days complainant and his family stayed only three days; according to the hotel executive information that they had only received booking of 3 days in the name of the complainant Thereafter the complainant called OP No.3 and after some time OP3 informed the complainant that a separate booking has been made and extended the stay for 2 more days in the hotel. This acts of OP harassed to the complainant. Copy of e-mail dated 01.05.2019 as Annexure-3.
1.8 The complainant further alleged that the behavior of the OP company was rude and unprofessional during the Singapore tour.
1.9 After completing the Singapore trip, the complainant reached Kuala Lumpur, Malaysia and proceeded to ‘Hotel IBIS Styles’ where stay of complainant and his family was booked by the OP company for 3 days i.e. from 24th June to 27th June 2018 vide booking reference no. RED1123164, copy of the hotel voucher dated 09.06.2018 is annexed as Annexure 4 but after checking the hotel records there was no booking found in the name of the complainant. It was further informed that the booking was earlier made in the name of complainant but it got cancelled by the vendor.
1.10 Complainant states that OP2 ( Mr. Suprit) made necessary arrangement after waiting about 1 hour and informed that fresh booking had been made, however, no booking was found in the name of the complainant in hotel records and the complainant and his family member harassed by acts of OPs. However, in Malaysia there was no booking in the name of the complainant despite advance booking had been made and the same was confirmed by the OP by providing the hotel booking. Complainant had also filed the booking cancellation e-mail dated 05.06.2018 and 19.06.2018 received from the Hotel IBIS Styles.
1.11 Complainant has alleged that after the trip, he requested to OPs to refund the Visa amount of Rs. 19,000/- regarding Singapore and Malaysia Visa, despite assurances for payment of refund amount; however, on 12.09.2018, Ms. Nidhi has been called to the complainant to provide them bank account details, for refund the visa amount and complainant had given bank account details. But all in vain. Therefore, complainant had sent 7 (seven) reminders e-mails of different dates to OP1, OP2, OP3 & OP4.
1.12 Complainant further alleged that OPs have not resolved the matter despite making several efforts by the complainant. Moreover, the acts of OPs, as aforesaid, are unfair trade practice and gross deficiency in services.
1.13 Complainant has sent the legal notices to the OPs on 14.08.2019. After receiving the legal notices, the OP1 (proprietor, Mr. Uday) apologies to the complainant regarding harassment faced by the complainant during Singapore and Malaysia Visa Trip, and he also assured to refund the Singapore Visa amount of Rs. 20,000/- as well as compensation amount of Rs. 3,00,000/- vide e-mail dated 30.08.2019. But no refund was received and time got lapsed. However, the OP1 has admitted the deficiency in services from its side to the complainant during Singapore and Malaysia trip but OPs have not given refunded amount till date.
Complainant and his family had suffered financial loss, loss of time, mental pain, harassment and agony due to acts and conduct of the OP1 & others is of deficiency in services and unfair trade practice. The complainant has prayed that the OP may be directed to refund the amount of Rs. 19,000/- to the complainant along with interest 18% from the date of booking and punitive claim for package and further direction to pay compensation of Rs. 10,00,000/- (ten lacs) on account of mental harassment, agony and duress caused to complainant and his family apart from litigation cost of Rs. 25,000/-.
2. Notice of the complaint was duly served to OP1 on 03.12.2020, OP2 on 14.12.2020 and OP3 on 01.12.2020. Notice in respect of OP4 returned back with remarks “insufficient address”, however, OP4 is served by publication in the newspaper, Swedesh, at the fresh address of OP4. Moreover, OP4 was to appear on 18.10.2022 but he was not appeared despite publication of notice. Since all the OPs have not been appearing, therefore, all of them were proceeded ex-parte on 02.12.2022.
3. The complainant has tendered his ex-parte evidence and documents as annexed Exh.1/1 to Exh. CW1/16
4. Complainant also filed his written argument.
5. We heard complainant and have also gone through the record of the case.
6. The complainant during oral argument has submitted that the OPs have not fulfilled their promise, firstly, the complainant had taken 8 nights and 9 days holidays package dated 02.06.2018 for amount of Rs. 2,52,000/- which includes flights, hotel accommodation, sightseeing tour, transfers, tickets etc. Complainant also paid the cost of Rs. 15,000/- (Rs. 5000/-x3 per person) for arranging the Singapore and Maleysia visa but, the complainant was not informed by the OPs that the Singapore visa were getting delayed due to technical reasons in website of Singapore Commission and the OP3 Ms. Shivani asked the complainant to get the visa personally by depositing, visa document or to courier the document to their address as OPs have no arrangements to pick up of visa documents. The complainant will be travelling on 19.06.2018 but the visa was not confirmed since they refused to accept the application. On other hand the complainant contacted his concerned person to apply and get visa for Singapore and Malaysia and paid Rs. 19,000/- from his own pocket to the concerned person.
Secondly, complainant had reached Singapore on 19.06.2018, they checked into hotel and found that the hotel was booked only for 3 days despite 5 days booking in the hotel, moreover, two more days has been extended after some time by OP. This was totally unprofessional service by the OPs. Thirdly, the complainant reached Kuala, Lumpur, Malaysia on 24.06.2018 in the hotel IBIS Styles and found that the booking was earlier made in the name of the complainant but subsequently got cancelled by the vendor. However, the OP2 Mr. Suprit informed to the complainant after near about one hour that the fresh booking has been made in the hotel. The complainant and his family suffered harassment without any fault from their side, but by OPs, on the other hand, the complainant has requested to the OPs to refund the visa amount of Rs. 19,000/- and in this regard he has communicated to the OPs through telephone calls, by sending text and Whatapps messages, thereafter, on 12.09.2018 Ms. Nidhi had informed/ agreed to refund the visa amount in one or two days. Although the complainant has sent many reminders/ emails on different dates starting from 07.06.2018 and final reminder on 29.01.2019 (as Annexure 10 colly) for refund of the visa amount of Rs. 19,000/-. However, OP1 had ensured that visa amount would be refunded, but OPs has failed to pay the assured visa amount despite several requests and reminders by the complainant. The complainant further argued that the OP company failed to perform the service regarding visa and hotel booking. As such complaint may be allowed.
7. Perusal of the record shows that the complainant had availed the services of the OPs regarding holidays in Singapore and Malaysia from the OPs. However, the availability of all the visa and hotels provided by the OPs were not fulfilled as promised to the complainant at the time of booking of the holiday package Moreover, OP1 had charged the visa amount inclusive of holiday package. The acts of OP1 for not providing hotel accommodation for tenure agreed, visa, services and want of refund of amount, when so requested, are deficiency of service and unfair trade practices.
8. The complainant had taken the holiday package from the OP over a period of 19.06.2018 to 27.06.2018, 8 nights 9 days, therefore, complainant paid a sum of Rs. 2,52,000/- for four persons i.e. 84,000/- per person inclusive of flights, hotel, accommodation, transfers, sightseeing tour and its entry tickets etc. which is as Annexure-1 and booking documents filed which as Annexure-2, on the other hand, the complainant himself has pleaded in para 3 of complaint that he had availed service of OP but the deficiency in service on the part of OPs regarding arrangement of visa has been failed by OPs. Moreover, the complainant also paid extra amount of Rs. 19,000/- himself for arrangement of the visa to Singapore and Malaysia.
9. Keeping in view of the above discussion, we are of the opinion complaint proves deficiency of service against of OPs. Accordingly, complaint is allowed and the OP1 is directed to refund the Rs. 19,000/-.
10. The complainant also claimed interest of 18% pa, however, there is no agreed rate of interest, therefore, interest at the rate of 6%pa on the amount of Rs. 19,000/- from the date of filing of complaint till realization of amount in favour of complainant and against OP1 which will meet both ends. The complainant claims compensation of Rs. 1,00,000/- in lieu of mental harassment by OP1 and litigation of Rs. 25,000/-. The complainant has claimed the amount of Rs. 19,000/- since complainant was provided accommodation other than agreed upon and of not arranging of visa besides he also faced many difficulties inconvenience and hardship while on Singapore & Malaysia tour besides seeking refund of amount.
11. The complainant has sought compensation of Rs. 10,00,000/- as well as punitive damages in lieu of mental harassment, however, neither in the pleading nor in the evidence the complainant could establish the method of computing the compensation. The compensation shall be reasonable to the situation of the case. By taking into consideration the situation involved, compensation of Rs. 10,000/- in lieu of mental agony and harassment will meet both ends in favour of complainant and against OP1.
12. Since OP2, OP3 & OP4 are representative of OP1, as appears they were discharging their function for and on behalf of OP1 but they were impleaded in their personal capacity. The representatives OP2, OP3 & OP4 cannot held liable in their personal capacity while discharging the duties for OP1. Therefore, complaint against OP2, OP3 & OP4 is dismissed.
13. In view of the documentary record, the complaint deserves to be allowed. Accordingly, complaint is allowed and OP1 is directed to refund Rs. 19,000/- along with interest at the rate of 6% pa from the date of complaint till its realization and OP1 is further directed to pay compensation of Rs. 10,000/- on account of mental agony, harassment to the complainant; apart from Rs. 5,000/- as cost of litigation.
OP1 is also directed to pay the said amount within 30 days from date of receipt of this order. In case amount is not paid within 30 days from the date of receipt of this order, the rate of interest will be 7 % pa( instead of 6% pa) on amount of Rs. 19,000/-.
14. Announced on this 7th November 2023.
15. Copy of this Order be sent/provided forthwith to the parties free of cost as per rules for compliances.
[Shahina] [Inder Jeet Singh]
Member (Female) President
