Chandigarh

DF-I

CC/581/2019

Anu Goel - Complainant(s)

Versus

Yatra Online Private Limited - Opp.Party(s)

Manoj Vashishta Adv. & Naveen Garewal Adv.

30 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/581/2019
Date of Institution	:	06.06.2019
Date of Decision	:	30/12/2022

 

1. Anu Goel w/o Rajesh Goel, resident of House No.189, Sector 4, Panchkula, Haryana.
2. Rajesh Goel, s/o Sh.Vijay Gopal Goel, resident of House No.189, Sector 4, Panchkula, Haryana.
3. Sanjay Goel s/o Sh.Vijay Gopal Goel, resident of B-203, Alaknanada Apartments, GH-45, Gurugram, Haryana.

… Complainants

V E R S U S

1. Yatra Online Pvt. Ltd., through Dhruv Shringi Co-Founder & CEO, having office at SCO 477-478, Sect-35 C, 1^st Floor,Chandigarh-160022.
2. Alok Vaish, Chief Financial Officer, Yatra Online Pvt. Ltd., 1101, 11^th Floor, Tower B, Unitech Cyber Park, Sector-39, Gurgaon-122001.
3. Dhiresh Sharma, Chief Business Officer-Activities, Yatra Online Pvt. Ltd., 1101, 11^th Floor, Tower B, Unitech Cyber Park, Sector-39, Gurgaon-122001.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Sh.Angad Singh, Vice Counsel for Sh.Rahul Garg, Counsel for Complainants.
	:	Sh.Vishal Sharma, Counsel for OPs.

Per Surjeet kaur, Member

1.      Briefly stated the allegations are that the OPs approached the complainants through their representative who provided the itinerary for about Rs.1,20,842/- for the Dubai family trip dated 13.03.2018 (Exhibit C-1). The representative of the OPs, telephonically contacted the complainants and allured them that if they book the package for more members, it could be more reasonable in cost and shall be having more facilities and specifications. Accordingly, believing the allurements of the representative of the OPs, the complainants planned to visit Dubai with their family, friends & colleagues (total 18 passengers). The cost of the total package was finalized to be at Rs.7,43,400/- (Exhibit C-2). In the meantime, the OPs forced the complainant to deposit a sum of Rs.2,16,000/- for 18 members. The complainant made the said payment from his account at HDFC Bank, Manimajra Branch, Chandigarh. This fact is confirmed from a bare perusal of the email dated 13.03.2018 (C-2) having received the amount of Rs.2,16,000/- i.e., but Rs.36,000/- more from the offered advance amount for 18 persons @ 10,000/- per person comes to Rs.1,80,000/-.

         As per complainant, since all 18 passengers were to travel together, but the OPs created 3 different IDs for the abovementioned 18 passengers. Firstly, the tour was including a full day city tour to Abu Dhabi, but the representatives of the OPs issued the itinerary which excluded the said tour. However, when the complainant insisted the same, the OPs forced the complainant to make an extra payment of Rs.22,000/- which was not included in the negotiation which was initially made between the parties (Exhibit C-4 Colly). It is also submitted that the local arrangement made by the OPs for the complainants and family members were very bad and even they were not accommodated by the local persons who were deputed in the service of the complainant. The things got worse when on the last day of the visit of the complainant and his family members, a Yacht ride was confirmed, but the same got cancelled without any intimation to the complainant. When the complainant and his family members asked the local persons to arrange the same as per the schedule given, they said that they will leave the complainant and his family members without providing any support and they shall have to manage to the airport on their own. The complainant, feeling disappointed with the services of the OPs came back to India higly unsatisfied and after coming back issued an email dated 03.07.2018 to the OPs and raised all the points of concern and raised the objection over the services rendered by the OPs, but to no avail. A copy of the email dated 03.07.2018 is exhibited as Exhibit C-6.However, despite 2 reminders issued by the complainant No.2 on email and further follow up through various telephonic conversations with the OPs, neither the OPs have issued any apology letter nor any compensation for the mental and physical harassment caused to the petitioners. Hence, this present complaint.

2.     OPs contested the consumer complaint, filed their written reply and stated that the OP informed the complainants that the final tour program shall be confirmed on arrival of complainants at Dubai. It is also stated that the complainant was provided complete tour itinerary much in advance (Annexure OP-2). It is denied that the complainant was asked to pay Rs.36,000/- more than the offered amount. In any case, without admission of any liability, the said Rs.36,000/- formed part of the total cost of package and were supposed to be paid by complainant. The booking form duly signed by the complainants is annexed as Annexure OP-3. It is further denied that the tour arrangements were made without prior consent and intimation to the complainant. It is also denied that OP forced the complainant to make extra payment of Rs.22,000/- beyond the scope of negotiations. It is stated that no any extra amount has been taken from the complainants. It is further denied that the Yacht ride was never promised or part of inclusions, therefore, there was no occasion of providing or cancelling the Yacht ride. The complainants have not been charged for the Yacht ride. It is also denied that the complainants were told that they will be left without being provided any support. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case. After perusal of record, our findings are as under:-
6.     The sole grouse of the complainants through present complaint is that despite payment of huge amount of Rs.9,60,200/- for the travel of 18 persons to Dubai trip, the OPs did not fulfill their promise as per itinerary provided by them, as per page 23 of the paper book. The OPs kept on changes on the plans and finally due to this changed plan after depositing full amount with the OPs, the complainants were fearful at the hands of the OPs and followed the tour plan as per wish of the OPs only and not as promised before depositing the amount with them. It has also been alleged that the Yacht ride tour was covered in the city tour of Abu Dhabi but the same was not provided by OPs. The acknowledgement of the payment as well as proposal is annexed as Annexure C-2.
7.     The stand taken by the OPs is that no extra amount has been charged from the complainants and Yacht ride was never promised or part of inclusions, therefore, there was no occasion of providing or cancelling the Yacht ride. Hence, there is no deficiency in service on their part. Evidently as per annexure C-1, the email dated 13.03.2018, various charges and inclusions are mentioned of the aforesaid tour are as below:-

         Inclusions:-

• 04 Nights-5 days accommodation in Dubai.
• Dhow Cruise at Marina with Buffet Dinner in Cruise. (5-star catering)
• Half day city tour of Dubai Guide. (except Friday)
• Desert Safari with BBQ Dinner, Tanoura show & Belly Dance.
• Visit DubaiMall and Burj Khalifa (124^th Floor) Observation Deck.
• Abu Dhabi City Tour.
• Dubai Visa + OTB.

         As per above, on the second day during Abu Dhabi city tour     there is clear cut mention of Yacht ride for one hour over page 23, but admittedly, the same was not provided by the OPs. Evidently as per Annexure C-6, detailed grievance has been conveyed to the OPs well in time. But despite that the OPs did not provide the services as promised by them before asking about the amount. So far as the question of the extra amount charged is concerned the same has been deposited with OPs by the complainants themselves by getting agreed for the same as per Annexure C-6. It is a matter of record that the representative of the OPs kept on changing itinerary from time to time that too without the consent of the complainants from whom, they have collected huge money. Even the last itinerary which was imposed by OPs upon the complainants was not been adhered by them. Therefore, it is not wrong to conclude that before collecting the money from the complainants, the OPs left no stone unturned to show dreams to the complainants of a lavish trip but immediately after receiving the money/amount the OPs changed their inclusion with the complainants and started imposing itinerary upon them as per their own wish without having consent or discussion with the complainants. This fact is abundantly clear from Annexure C-6 email by the complainants. Hence the act of OPs for changing itinerary from time to time and non-providing proper services proves deficiency in service. Perusal of Annexure C-7 the email in which OPs tendered apology for the inconvenience caused to the complainants is a sort of admission on the part of OPs for negligent service proves deficiency in service and their indulgence in unfair trade practice.

8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to pay an amount of ₹10,000/- to the complainants as compensation for causing mental agony and harassment to them;
2. to pay ₹7,000/- to the complainants as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i), with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
30/12/2022			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member