BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.309 of 2023
Date of Instt. 03.08.2023
Date of Decision: 12.02.2024
Bhupinder Singh S/o Kuldeep Singh R/o H. No.92/4, Preet Nagar, Ladowali Raod, Jalandhar.
..........Complainant
Versus
World Travel Arc, WTA Holidays and Hospitality Pvt. Ltd. SCF 45, 2ND Floor Phase 9 Mohali, Punjab 160062.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Present: Sh. Haranmol Singh, Adv. Counsel for the Complainant.
OP Exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is resident of Jalandhar and was approached by the executive of the company of OP offering membership to complainant regarding Holiday Packages. At the time of purchase of the said package, it was proclaimed by the Executive of OP that it is one of the best Holiday Package available, and as such complainant fell into OP’s trap and had purchased the Holiday Package from OP’s notice and for which complainant paid a total sum of Rs.105000 having member ID 201253. As per the conditions in the membership form. It was clearly told that complainant will receive a complementary tour package as a signing bonus of 3 Night couple trip with stay and tickets. The copy of complimentary travel package was provided at the time of taking the tour package. The complainant had paid fully the membership value vide separate cheques and by way of NEFT on different dates. As per the scheme available under the said tour package complainant requested OP to book the aforesaid complementary tour package on 31.09.2019 for booking travel dates of 23-25 September 2019 for complainant and his wife, later on it was informed by OP that the booking has to be made 45 days prior to the desired travel dates and as per the requirement complainant changed the travel dates 09-12 November 2019. Even after repeated request through Emails OP has failed to arrange the requisite tour package nor replied to the said Emails. The OP failed to confirm booking dates of complainant as detailed above as per the convenience of OP along-with the options of the hotels. But inspite of repeated request of complainant OP is lingering on the matter on one pretext or the other after which a legal notice was sent to the OP. As per the representation of the official of the OP, complainant has paid the installment of January and February alongwith the next two installment as it was represented by officials of the OP that inadvertently that they could not present the cheque of the installment of January and February but subsequently with malafide intention presented cheques of January and February as well although the payment in lieu of said installment has already been paid. The complainant filed a consumer complaint against the OPs titled as Bhupinder Singh Vs World Travel and during pendency of the case the opposite party entered into a compromise with the complainant whereby the OP agreed to return the amount of Rs.1,05,000/- and paid part payment as per the compromise and returned an amount of Rs.73,000/- in installments and as such the complainant withdrew the case in lieu of the compromise. However, since the OP failed to comply with the terms of the compromise as such the complainant is left with no other alternative but to file the present compliant and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be allowed and OPs be directed to refund the membership premium of Rs.1,05,000/- alongwith interest @ 12% per annum from the date of purchase till actual realization. Further, OPs be directed to pay a compensation of Rs.25,000/- for causing mental tension and harassment and Rs.6000/- as litigation expenses including clerical charges.
2. Notice of the complaint was sent to the OP, but despite service OP failed to appear and ultimately, the OP was proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The complainant has purchased a Holiday Package from the OP for a total sum of Rs.1,05,000/- having Member ID 201253. The membership policy is Ex.C-1. As per the conditions in the membership form, the complainant was offered a complementary tour package as a signing bonus of three nights couple trip with stay and tickets, which is evident from Ex.C-2. The complainant requested the OPs to book the aforesaid complementary tour from 23-25 September 2019, but the OP informed the complainant that the booking has to be made 45 days prior to the desired travel dates and to meet this requirement. Complainant changed the travel dates to November 9, 2019 to 12 November, 2019, but the OP failed to confirm booking date and continue to linger on the matter on one pretext or the other. The complainant filed a consumer complaint against the OP titled as Bupinder Singh Vs. World Travel ARC on 20.07.2020. During the pendency of the case, compromise was effected between the parties, whereby the OPs agreed to return the amount of Rs.1,05,000/- in five equal installments of Rs.21,000/- each, starting from December 2020. Accordingly, the case was dismissed as withdrawn after having been compromised with a liberty to complainant to file fresh complaint against the OPs, if OP fails to reimburse the amount mentioned in this compromise. As per the complainant, the OPs has failed to fulfill the terms of compromise and has paid only Rs.73,000/- out of Rs.1,05,000/-.
6. On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-23.
7. In view of the above detailed discussion, it is clear that the tour package of Rs.1,05,000/- was purchased by the complainant from the OP and the OP failed to provide the tour package as per the terms and conditions. Later on, compromise was effected between the parties, whereby OP agreed to refund the full amount of Rs.1,05,000/- in five equal monthly installment of Rs.21,000/- each, starting from December 2020. As per the bank statement submitted by the complainant Ex.C-23 the OP has transferred the amount in the account of the complainant on different dates i.e. on 04.01.2021 Rs.21,000/-, on 28.02.2021 Rs.21,000/-, on 28.08.2021 Rs.10,500/-, on 11.11.2021 Rs.10,500/- and on 31.05.2022 Rs.10,000/-, which comes total Rs.73,000/-. The balance amount Rs.32,000/- out of Rs.1,05,000/- has not been paid till date. Therefore, there is clear cut case of deficiency in service on the part of the OP as OP has failed to fulfill the terms and conditions of the compromise, therefore, the complaint of the complainant is partly allowed exparte and the OP is directed to pay the balance amount of Rs.32,000/- to the complainant with interest @6% per annum from the date of compromise i.e. 26.10.2020 till its realization. Further, OP is directed to pay a compensation including litigation expenses of Rs.8000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Dr. Harveen Bhardwaj
12.02.2024 Member President
