Delhi

North East

CC/99/2023

Shri Shantanu Panwar - Complainant(s)

Versus

Wanderper Whiz Holidays - Opp.Party(s)

13 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.99/23                                   

In the matter of:

 

	Sh. Shantanu Panwar, S/o Sh. Upender Panwar, R/o H.No C-24, Gali No. 2, Dayalpur, Near Debit School, Karawal Nagar, North East, Delhi 94	Complainant
	Versus
	Wanderper Whiz Holidays, Plot No. 2, I.T Park, Didon Building, Sector 67, Saihbjada Ajit Singh Nagar, Punjab 160062	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

13.04.23 07.03.24 13.05.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that he purchased a Dubai package travel from the Opposite Party for travel Dubai from 12.12.22 to 16.12.22 for two adults and flights from Delhi to Dubai was booked by the Opposite Party. Complainant stated that he paid a sum of Rs. 1,05,000/- in advance to the Opposite Party but due to visa policy of Dubai Govt. visa of wife of the Complainant got cancelled and hence contract become void. Complainant stated that he asked to Opposite Party to cancel the flight and to refund the money of the Complainant but Opposite Party avoided the request of the Complainant. Complainant stated that he want to get refund of money according to terms and conditions of the contract. Complainant stated that in spite of acknowledgment of the liability of payment of principal balance i.e. Rs. 1,05,000/- the Opposite Party did not refund the said amount. A legal notice dated 14.02.2023 was sent to the Opposite Party but no reply was given by the Opposite Party. Hence this shows the deficiency of service on the part of Opposite Party. Complainant has prayed for refunding the amount i.e.                   Rs. 1,05,000/- along with interest @ 9% p.a. and Rs. 20,000/- towards the fee of the legal notice sent by the Counsel. Complainant has also prayed for Rs. 50,000/- on account of mental harassment and Rs. 30,000/- on account of litigation expenses.  
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 07.07.23.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that he had purchased a Dubai travel package from the Opposite Party and cost of the package was Rs. 1,56,000/- per couple and he paid             Rs. 1,05,000/- as in advance to the Opposite Party. It is further submitted by the Complainant that due to visa policy of Dubai Government, visa of wife of the Complainant was not approved, hence, contract with the Opposite Party become void. After visa cancellation, Complainant approached the Opposite Party for cancellation of flight ticket and refund of the advance money paid by him to the Opposite Party and the Opposite Party did not refund the money that he paid in advance, so there is deficiency of service on the part of Opposite Party.
5. As per the documents submitted by the Complainant, the package was inclusive of visa. Once visa is cancelled by Dubai Government, Opposite Party was under the obligation to refund the advance money paid by the Complainant and the same was assured by the Opposite Party vide their e-mail dated 02.12.2022.
6. In view of above we are of the considered opinion that there is deficiency of service on the part of Opposite Party. Hence, the complaint is allowed. Opposite Party is directed to pay the advance amount i.e. Rs. 1,05,000/- to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 10,000/- on account of mental harassment and Rs. 20,000/- on account of litigation expenses to the Complainant along with interest @ 9 % p.a. from the date of this order till recovery. 
7. Order announced on 13.05.24.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)