Chandigarh

DF-II

CC/243/2022

Haravtar Singh Saini - Complainant(s)

Versus

World Travel Arc - Opp.Party(s)

In Person

09 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

Haravtar Singh Saini, aged 46 years, s/o Sh.Hari Singh, resident of H. No. 258, Village- Lahora, Chandigarh (UT).

…..Complainant

Versus

1.     World Travel Arc, Regd. Office at S.C.F. No. 45, 2nd Floor, Phase-9, S.A.S. Nagar (Mohali) through its Managing Director/Authorized Signatory. Email: info@worldtravelarc.in

2.     Vineet Manchanda, Director-cum-Chief Sales Operating Manager, World Travel Arc, S.C.F. No. 45, 2nd Floor, Phase-9, S.A.S. Nagar (Mohali). Email: info@worldtravelarc.in

3.     Dinesh Kumar, Unit/Sales Manager, World Travel Arc, S.C.F. No. 45, 2^nd  Floor, Phase-9, S.A.S. Nagar (Mohali). Email: …. Opposite Parties

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.         The complainant has filed the present complaint alleging therein that being allured by the offers made by OP No.3 in the promotional event held on 25.05.2018, the complainant purchased 5 years Gold Club Membership by paying the booking/down payment of Rs.10,000/- in cash  and rest of the amount of Rs.42,500/- out of 50% of initial amount of Rs.52,500/- was to be paid by the complainant next day by cheque or cash thereafter and balance 50% in six months installments of Rs.8750/- each by giving postdated cheques.  It has been averred that he paid Rs.95,000/- through cheques  as detailed in para 6 of the complaint besides Rs.10,000/- in cash, totaling Rs.1,05,000/- to the OPs to get the membership.  He received the membership documents from the OP No.1-Company through e-mail dated 21.06.2018 and thereafter in original along with Membership Card of 5 years Gold Club Ownership starting from May, 2018 to April, 2023. In September, 2018, he along with his family planned to avail the complementary trip to Goa offered by OP No.1 in October, 2018 w.e.f. 18.10.2018 to 21.10.2018  and sent email dated 04.09.2018 in this regard  but he was informed  that the said trip  could only be availed by the complainant after firstly clearing the entire amount of package of Rs.1,05,000/- and since complainant’s monthly installment will be cleared in December, 2018, therefore, he cannot avail the same.  Since the complainant had already planned his trip to Goa in October, 2018, therefore, he made the entire balance amount of Rs.52,500/- to the OPs through three different cheques as per detail given in para 9 of the complaint.   It has further been averred that since OP No. 1-Company has shown its inability to book the holidays planned by the complainant, therefore, under compelling circumstances, he changed his plan from 18.10.2018 to 21.10.2018 to 11.10.2018 to 14.10.2018 and accordingly, vide his E.Mail dated 13.09.2018, again sent a request to the OP No. 1-Company to make arrangements of their stay and 4 return air tickets from Delhi to Goa i.e, two free tickets to be provided by OP No. 1-Company and 2 for his kids on his own expenses.  It has been averred that he had booked holidays pack of Goa with my family from 11.10.2018 to 14.10.2018 but firstly the air tickets from New Delhi to Goa were not arranged as per our convenience and out of 4 days, 2 days were wasted in travelling due to the mismanagement as on 11.10.2018, air tickets which were offered on from Delhi were of a Air Asia flight scheduled at 12:50 PM and the said flight had not taken off till 7:00 PM from Delhi and they reached Goa Airport after 9:45 PM. But none had come to pick up the complainant and his family members from Airport Goa to the Hotel, Casabalenca despite giving assurances by OP No.3 and on enquiry he was asked to make his own arrangements to reach at Hotel and he hired the taxi by paying Rs.1290/- to reach the hotel. The complainant and his family members were given the room by the Hotel  which was of very bad shape and appears to be the lowest category. Even, the bed in room was not having the proper Head rests and same were cemented one at the back of the bed. Not only this, there was no sofa or even chair in the room for sitting purposes and only one cemented slab was there in the room. AC of the room was not working properly and not even the dustbin was found in the room. Apart from this, although the breakfast was to be provided complementary by the Hotel but there were no good options of breakfast and the complainant and his family members were compelled to take the breakfast from outside of the Hotel. Since, the departure was scheduled on 14.10.2018 and flight which was booked by the company at 8:30 AM, therefore, the complainant requested Mr. Dinesh Kumar to make proper arrangements for dropping them at Airport from Hotel in the morning of 14.10.2018 and he assured that he had already arranged a Taxi for picking them from the Hotel and drop at Airport well within time. He also assured him at late night that taxi has been booked and the Driver shall come at 6:00 AM to pick up and he also given number of the driver also on the whatsapp. After waiting upto 6:30 AM he called the driver who informed that he cannot come as he is at the airport Goa which shall take more than 1 hour to reach. Therefore, he arranged another Taxi from Hotel to reach Airport who charged Rs.1700/-.  The complainant and his family members reached at airport very late and were able to catch flight at 8:30 AM on 14.10.2018. OP No.3 assured that the tax fare of Rs. 2,990/- will be refunded to him.  The complainant submitted the bills regarding the tax fare to the OPs but the fare has not been refunded to him.  Ultimately, he wrote a detailed email dated 24.01.2019 requiring the OPs to refund the amount of Rs.1,05,000/- along with Rs.2990/- with interest but to no effect. Finally, the OPs refunded the amount of Rs.2990/- towards taxi fare to the complainant on 29.01.2019.

                It has further been alleged that he faced inconvenience due to change in the scheduled holidays but while making some adjustment, he vide email dated 17.10.2021 agreed to the re-schedule of the holidays w.e.f.19.10.2021 to 21.10.2021 for Shimla and requested the OPs to confirm the booking. However, OP No.1 vide e-mail dated 18.10.2021  while sending the list of hotel options, for the 1^st time started demanding Annual Service Charges of Rs.9,000/- for years 2018-19 2019-20 and 2020-21 even during the period, no services of any kind were provided or could be provided by the OPs due to imposition of lockdown imposed in the entire country. Since he planned his vacation, therefore, vide e-mail dated 18.10.2021, he informed the OPs that he will the alleged due amount of ASC in easily installments in due course.  However, the OPs refused to process the request and stated that the complainant is required to firstly pay the ASC only then his request was to be processed.  Since time was running short, therefore, the complainant requested to the OPs to consider his request and make appropriate arrangements and to confirm the booking but no response was received in this regard thereafter. Finally, the complainant vide e-mail dated 15.02.2022 requested the OPs to refund the membership amount along with interest.         Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund Rs.1,05,000/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses.

2.         Despite due service, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte.
3.         The complainant filed affidavit and documents in support of his case.
4.         We have heard the complainant in person and have gone through the documents on record.
5.         The complainant has filed his detailed affidavit reiterating the averments made in the complaint. It is observed from the documents that on 25.05.2018, the complainant purchased 5 years Gold Club Membership of the OPs by paying Rs.1,05,000/- and the Company has agreed to offer stay at minimum 3 or 4 star rated hotels for 7 nights and 8 days per year for a period of five years including complimentary breakfast, pick and drop facilities, travel insurance etc.  It is also observed  from the documents on record especially the whatapps chatting and the e-mails exchanged between the parties that the OPs have provided the air tickets of two passengers worth Rs.11,500/- each i.e. Rs.23,000/- and accommodation but failed to render complete services to the complainant and his family during the tour from New Delhi to Goa due to which the complainant and his family members have to suffer inconvenience, mental agony  besides physical harassment which amounts to deficiency in service on the part of the OPs and as such the complainant is liable to be compensated on this ground. Pertinently, the OPs chose not to appear before this Commission.  Therefore, in the absence of any rebuttal from the side of the OPs, the version of the complainant, supported by his duly sworn affidavit, must prevail. 
6.         As regards the plea of the complainant regarding non-providing the services for Shimla Tour by the OPs are concerned, the same cannot be accepted because the complainant has himself failed to deposit the pre-requisite annual service charges to the tune of Rs.9000/- for the years 2018-19, 2019-20 and 2020-21 to the OPs and is pressing to pay the same after utilizing the tour, which is not justified. 
7.         In view of the above discussion, the complaint is partly allowed with a direction to the OPs to pay a lump sum compensation of Rs.25,000/- to the complainant on account of the mental agony and physical harassment  as well as litigation expenses.
8.           This order be complied with by the OPs within 45 days from the date of receipt of its certified copy.
9.         The pending application(s) if any, stands disposed of accordingly.
10.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.