Delhi

East Delhi

CC/305/2015

AYUSH - Complainant(s)

Versus

YATIN MEHTA - Opp.Party(s)

17 May 2016

ORDER

COMPLAINT CASE NO. 305/2015

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST), GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR, SAINI ENCLAVE, DELHI – 110 092

 

Complaint No. 305/2015

Date of Institution: 28.04.2015

Date of Order: 17.05.2016

 

 

Sh. Ayush Jain

R/o 170, Ram Vihar, Vikas Marg

Near Yamuna Sports Complex

Delhi – 110 092                                                                                                                                  Complainant

 

Vs.

 

Sh. Yatin Mehta (Proprietor)

M/s Star Link Holidays

Office No. 71, Block 7,

Geeta Colony, Delhi – 110 031

 

 

M/s Star Link Holidays

Office No. 71, Block 7,

Geeta Colony, Delhi – 110 031                                                                                                    Opponents

 

 

 

Corum:

Sh. Sukhdev Singh (President)

Sh. P.N. Tiwari (Member)

 

 

 

Complainant’s Advocate: Raheja Associates

 

Opponent’s Standing Counsel:  Ex-Parte

 

 

Order By : Sh. Sukhdev Singh (President)

 

 

 

BRIEF FACTS OF THE CASE

 

The complainant has filed a complaint for recovery of Rs. 33,800/- against OPs on account of deficiency in service.

 

The facts in brief are that the complainant booked a holiday package for Thailand for five nights and six days with M/s Star Link Holidays (OP-2) of which Yatin Mehta (OP-1) is the proprietor, for an amount of Rs. 33,800/- on 22.02.2015.

The complainant was to depart from Delhi to Bangkok on 07.04.2015 and return back Delhi on 12.04.2015 as per schedule.  However, OP informed the complainant that due to certain problems in airlines, the ticket has been cancelled and it will be rescheduled after 15 days.  It was a matter of shock and surprise to the complainant as the complainant was not free after 15 days.  The complainant requested to OP to reschedule the ticket within a period of 07 days, which was refused. 

The complainant approached OP several times for the return of money but every time the OP, by giving false reasons, avoided to pay the money.  However, OP issued a cheque for part-payment of Rs. 17,600/- dated 15.04.2012 drawn on Axis Bank.  When it was presented on 16.04.2014, the same was received back with bank memo of dated 17.04.2015 from HDFC bank with the remarks “PAYMENT STOPPED BY DRAWER”.  The complainant sent a legal notice for refund of money.  Thus, the complainant has stated that due to deficiency in service, he has suffered mental pain, agony and harassment.  Thus, he has claimed an amount of Rs. 33,800/-.  Notice of the complaint was sent to the OP,  however, the OPs did not put the appearance.  Hence, they have been proceeded ex-parte. 

 

In support of his case, the complainant has examined himself as CW 1.  He has deposed on affidavit.  He has narrated facts, which have been stated in the complaint itself.  He has also got exhibited booking receipt which has been got exhibited as Ex. CW 1/1.  He has also got exhibited ticket issued by M/s Star Link Holidays which has been got exhibited as Ex. CW 1/2.  He has also got exhibited return memo of HDFC bank along with cheque issued by M/s Star Link Holidays for an amount of Rs. 17,600/- which has been got exhibited as Ex. CW 1/3.  Notice given to the OPs have also been        got exhibited as Ex. CW 1/4.

 

We have heard Ld. Counsel for the complainant and have perusal of the material placed on record such as Ex. CW 1/1 which is a cash receipt.  It shows that the complainant booked a holiday package for Thailand with M/s Star Link Holidays for five nights and six days from 07.04.2015 to 12.04.2015 for an amount of Rs. 33,800/-.  Ex. CW 1/2 which is a air ticket shows the flight to Bangkok which was to depart on 07.04.2015 and return back on 12.04.2015.  Ex. CW 1/3 shows that a cheque for an amount of Rs. 17,600/- was issued on 15.04.2015 by M/s Star Link Holidays in favour of Ayush Jain, the complaint.  On the pace of which there is a stamp on the cheque showing “STOP PAYMENT” when the OPs have issued cheque for an amount of Rs. 17,600/- on 15.04.2015 in favour of Mr. Ayush Jain, the complainant, and have got the payment stop.  It comes out that the complainant has not travelled though he was issued the ticket.  The fact that the OP have issued a cheque and have got the payment stop, it comes out that the complainant has not availed the services of M/s Star Link Holidays due to reschedule of flight from Delhi to Bangkok. 

 

By rescheduling the flight, which was not availed by the complainant, there occurs deficiency in service.  When there is a deficiency in service, certainly the complainant who is a consumer is entitled for a refund of booking amount, which was paid to the OP.  Not only this, by not availing the services of the OP as per schedule of the complainant, he has suffered mental pain and agony. 

In view of the above, the complainant is awarded an amount of Rs. 33,800/-, the booking amount with interest @ 9% from the date of filing the case till realisation.  He is further awarded Rs. 5,000/- on account of mental pain and agony.  Cost of Rs. 5,000/- is also allowed as compensation which includes litigation charges.

Copy of this order be sent to parties as per rule and file be sent to Record Room.

 

 

 

 

(P.N. TIWARI)                                                                                                                    (SUKHDEV SINGH)                             

Member                                                                                                                              President