BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 245 of 2016
Date of Institution : 16.9.2016
Date of Decision : 22.2.2017
- Nikhil Kalra son of Sh. Ramesh Kumar, aged about 31 years, resident of VPO Kussar, Tehsil Rania, Distt. Sirsa.
- Ashok Kumar son of Sh. Makhan Lal, aged about 56 years, resident of Kalyan Nagar, Begu Road, Sirsa, Tehsil and Distt. Sirsa.
- Varun Khanija son of Sh. Ramesh Chander, aged about 33 years, resident of 584/2, GTB Colony, Karnal Road, Kaithal, Tehsil & Distt. Kaithal.
……Complainants.
Versus.
Ultimate Travels Pvt. Ltd., 17 EWS Flats, Charmwood Village, Surajkund, Faridabad through its Director.
...…Opposite Party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ………..……MEMBER.
Present: Sh. Amit Goyal, Advocate for the complainant.
Opposite party exparte.
ORDER
It is the case of complainants that they were interested to visit at Shri Amarnath a holy place and as such they got booked tour from Sirsa as per the terms and conditions of opposite party. The complainant Nikhil Kalra made the payment of total amount of Rs.48,127/- from Sirsa. However, the tour was scheduled to be started on 2.7.2016 and was to be ended on 5.7.2016 which included air fare from Delhi to Srinagar on 2.7.2016, shifting the complainants by car from Srinagar airport to Sonmarg and overnight stay at Sonmarg in hotel, on 3.7.2016 Sonmarg to Holycave of Amarnath Ji by helicopter from Baltal and return to hotel in Sonmarg, overnight stay in hotel. On 4.7.2016, after complimentary breakfast they were to be shifted by car from Sonmarg to Srinagar and there was stay in hotel and city tour of Srinagar and in evening shikara ride at Dal lake and stay in hotel in Srinagar and lastly on 5.7.2016 they were to depart to Srinagar airport by car and from airport to Delhi. The complainants booked the tour as per the assurance and terms and conditions as mentioned above, but when they reached at the Srinagar airport on 2.7.2016 at about 10.15 a.m. no taxi/car was available to shift them to hotel in Sonmarg. The complainants contacted the op but they started lingering the matter on one pretext or the another and finally refused to entertain the grievances of the complainants. However, the complainants waited till 5.00 p.m. at airport and then hired the taxi at their own expenses and reached the hotel at late night by paying Rs.10,000/- to the taxi owner. Further more, on 3.7.2016, the op refused to provide car and helicopter and stated that helicopter booking in which they had to travel for holycave has been cancelled. The complainants hired the taxi by paying an another amount of Rs.15,000/- and further booked the helicopter tickets at higher price of Rs.45,000/- i.e. Rs.15,000/- each on their own expenses and made prayer in holy cave. On 4.7.2016 and 5.7.2016 also the op did not provide any taxi and hotel and they arranged the same on their own expenses by paying huge amount of more than Rs.30,000/-. The op did not comply with the terms and conditions of the agreement and complainants suffered pain, agony and great pecuniary loss. The op even did not disclose and explain the complainants about the cancellation of helicopter booking, car booking and hotel booking and all these things happened only on account of gross negligence and deficiency in service on the part of op. Hence, this complaint seeking reliefs as mentioned in the relief clause of complaint.
2. Notice of the complaint was issued to the opposite party but op refused to accept the same and therefore, op was proceeded against exparte.
3. By way of evidence, the complainants produced affidavit of Nikhil Kalra Ex.C1, affidavit of complainant Ashok Kumar Ex.C2, schedule Ex.C3, copy of ticket Ex.C4, pass for yatra Ex.C5, payment receipt Ex.C6, statement of account of complainant Nikhil Ex.C7.
4. We have heard learned counsel for the complainant and have gone through the case file carefully.
5. The complainants Nikhil Kalra and Ashok Kumar have produced on file their affidavits Ex.C1 and Ex.C2 respectively wherein they have testified all the facts so set out by them in their complaint. Ex.C3 is the travel plan of the opposite party given to the complainants as detailed above and tour cost per person is mentioned as Rs.15500/- inclusive of GST and grand total is mentioned as Rs.48127/- in the said document. In the said document, the op has also mentioned that they have received the advance amount of Rs.10,000/- from Nikhil for Amarnath Yatra helicopter tour. The complainants have also placed on file copy of payment receipt of Rs.10,000/- paid to Ultimate Travels Pvt. Ltd. on 10.4.2016. Then an amount of Rs.15,000/- was transferred by complainant Nikhil Kalra to the account of opposite party on 20.5.2016 from his account in HDFC Bank, branch Rania and on 30.6.2016 an another amount of Rs.23,127/- was transferred by him to the account of opposite party through his account as is evident from statement of account Ex.C7. The grievance of the complainants is that the opposite party did not provide any taxi at Srinagar airport on 2.7.2016 and they hired the taxi at their own expenses and reached the hotel in Sonmarg at late night by paying Rs.10,000/-. On 3.7.2016 also the opposite party refused to provide car and helicopter as per the terms of agreement and just stated that helicopter booking has been cancelled. The complainants hired the taxi by paying an another amount of Rs.15,000/- and further booked the helicopter tickets at higher price of Rs.45,000/-. On 4.7.2016 and 5.7.2016 also, the opposite party did not prove any taxi and hotel as per terms and conditions of the agreement and they arranged the same at their own expenses by paying another amount of Rs.30,000/-. The opposite party has not bothered to appear before this Forum rather opted to be proceeded against exparte. The contentions put forth by the complainants in their complaint and documents produced by them are unrebutted and unchallenged. So, the version of the complainants that the opposite party did not provide any service to them after reaching at Srinagar has to be believed. However, the complainants have not produced on file any receipts of amounts spent by them i.e. receipt of amount of Rs.10,000/- allegedly paid to the taxi owner on 2.7.2016, receipt of amount of Rs.45,000/- for helicopter booking and receipt of amount of Rs.30,000/- allegedly spent on taxi and hotel on 4.7.2016 and 5.7.2016. The complainants have paid an amount of Rs.48,127/- to the opposite party for the above mentioned services including air fare from Delhi to Srinagar. The air fare from Delhi to Srinagar for all the three complainants was Rs.27,656/- as is evident from document Ex.C4 and the opposite party is liable to refund remaining amount of Rs.20,471/- (Rs.48127 minus Rs.27,656) to the complainants. Besides this, the complainants might have incurred some extra expenses in the tour due to not providing of any services to them by the opposite party as per terms and condition of agreement and we take an amount of Rs.30,000/- as expenses incurred by the complainants on their tour. The opposite party is also liable to pay compensation to the complainants for above said harassments and we are of the considered opinion that an amount of Rs.30,000/- (Rs.10,000/- for each complainants) will be proper and justified to be paid to the complainants. As such, the complainants are entitled to refund of Rs.20,471/- from the opposite party, also entitled to another amount of Rs.30,000/- being extra expenses incurred by them on their tour and also entitled to compensation of Rs.30,000/- from the opposite party (i.e.Rs.10,000/- for each complainants) and that amount of Rs.30,000/- will include litigation expenses also.
6. Thus, as a sequel to our above discussion, we allow the present complaint and direct the opposite parties to pay total amount of Rs.80,471/- to the complainants within a period of 45 days from the receipt of copy of this order, failing which the complainants will be entitled to interest @9% per annum from the date of order till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:22.2.2017. Member. District Consumer Disputes
Redressal Forum, Sirsa.
