Punjab

Rupnagar

CC/22/156

Amandeep Singh - Complainant(s)

Versus

Vacatiaa International Pvt. Ltd. - Opp.Party(s)

Aman Kumar Adv.

05 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROOPNAGAR

 

Consumer Complaint No.  156 of 2022

Date of Institution:          : 09.11.2022

            Date of Decision            :  05.05.2023

 

1.       Amandeep Singh age about 32 years s/o Supittar Singh, r/o Bangian PO Morinda Tehsil and District Rupnagar.

2.       Manpreet Kaur aged about 31 years w/o Amandeep Singh r/o Bangian PO Morinda Tehsil and District Rupnagar.

 

….. Complainants

Versus

 

Vacatiaa International Pvt. Ltd Head Office 13/81, Lajpat Nagar, New Delhi 110024  

                                                                               …..Opposite party

 

(Complaint under the provision of Consumer Protection Act)

QUORUM:

 

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

SMT. RANVIR KAUR, MEMBER

 

COUNSEL FOR THE PARTIES

 

For complainant                       :         Sh.Aman Kumar, Advocate

For OP                                     :         Exparte

                            

Per : KULJIT SINGH, PRESIDENT

 

1.                 Brief facts of the case are that the complainant is fond of travelling and on 11.11.2020, the complainant namely Amandeep Singh has bought the vacation plan with number of offering and vouchers given by the OP vide approval no. 1125. OP is a travel agency, who books the travel plans for the customers with number of offers. The complainant bought the vacation plan at the cost of Rs.98500/- with the benefits of 6 nights and 7 days for stay at any hotel in India.  OP through his representative namely Rajnish Sharma and Jyoti signed an agreement for the term of five years with the complainant on 11 November 2020.  The complainant make the full payment to the OP on the same day through bank transaction.  After two bookings the complainant asked for the another travel booking to the OP but OP linger on the matter and delay the bookings and does not provide any  kind of service which they had promised in their agreement. The complainant makes a several whatsapp messages to their employ namely Jyoti but she did not give any reply of the messages. The complainant also send various emails through his wife. The complainant also asked for refund his payment due to poor service provided by OP and harass him but OP did not refund the amount.  The act and conduct of OP  for not refund the amount to the complainant is absolute wrong, illegal , null and void and against the principles of natural justice.  Due to illegal act, OPs filed the instant complaint and prayed that the OP be directed to pay the total amount of Rs.98500/- , besides Rs.1,00,000/- as compensation with interest  @ 12% per annum from the date of receiving till realization, Rs.50,000/- as damages and Rs.50,000/- as cost of complaint.

2.                 Notice of the complaint was issued to OP but OP not appeared through notice. As such, after that publication has been properly done in the appropriate Newspaper i.e. “The Tribune” which is widely circulated within State of Punjab despite publication nobody appeared on behalf of OP on 20.03.2023 even after nobody appeared on behalf of OP. As such, OP is proceeded against exparte vide order dated 21.04.2023 passed by this Commission.

3.                 The complainant has tendered in evidence his affidavit Ex.CW-1/A along with copies of documents Ex.C-1 to Ex.C-46  and closed the evidence.

4.                 The complainant has alleged that on 11.11.2020 he has bought the vacation plan with number of offering and vouchers given by the OP vide approval no. 1125. OP is a travel agency, who books the travel plans for the customers with number of offers. The complainant bought the vacation plan at the cost of Rs.98500/- with the benefits of 6 nights and 7 days for stay at any hotel in India.  He alleged that he make the full payment to the OP on the same day through bank transaction.  After two bookings the complainant asked for the another travel booking to the OP but OP linger on the matter and delay the bookings and does not provide any  kind of service which they had promised in their agreement. The complainant makes a several whatsapp messages and also send various emails through his wife. The complainant alleged deficiency in service on the part of OP.

5.                 OP is proceeded against exparte in the instant case, as such, OP failed to produce any document in support of their case. We have perused the documents placed on the record. This fact is admitted by the complainant that he has availed the services of OP and after one booking and he asked OP for another booking, it seems that the complainant availed the service of OP one time and now he wanted to avail the service of OP second time. This assertion made by the complainant himself in his complaint.  Ex.C-1 is copy of vacation plan with number of offering and vouchers given by the OP vide approval no. 1125. In this document, it has been specifically mentioned that the price of ticket is as Rs.98500/- which was purchased by the complainant from OP.  The vacation agreement dated 11.12.2020 executed between the parties. The terms and conditions were executed between the parties. Both parties are bound by the terms and conditions of the agreement and nobody wriggle out from the same. This agreement was signed by both the parties and complainant was also signed this agreement in English Language. It seems that the complainant is a well-educated and not a layman. He knows the terms and conditions of the agreement very well, that is why he signed the same after going through the contents of the agreement. Similarly, we have also perused the WhatsApp messages between complainant and employees of OP Ex.C-2 to Ex.C-46 on the  record.

6.                 Keeping in view the totality of the facts and circumstances of the case, we find no substance in the submissions of the complainant. In this case we find no deficiency in service on the part of OP because the complainant in his complaint clearly stated that he availed the services of OP first time and he asked OP for another booking and when he is not clear from the contents of the second booking/another booking then complainant blamed deficiency in service on the part of OP.  As such, we hereby dismiss the complaint of the complainant. Parties are left to bear their own costs.

7.                This complaint could not be decided within stipulated period due to heavy pendency of the cases. Copies of the order be supplied to the parties free of costs.

8.                File be indexed and consigned to the record room.

 

Dated         :05.05.2023                                                                                                               (Kuljit Singh)

                                                                                                                                                       President

 

 

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