Chandigarh

DF-II

CC/120/2018

Vikram Bajaj - Complainant(s)

Versus

Yatri 4 Travel - Opp.Party(s)

Surinder Kumar Adv.

02 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	120/2018
Date of Institution	:	27.02.2018
Date of Decision	:	02/05/2018

 

                                       

                                               

Vikram Bajaj s/o Sh.S.K.Bajaj r/o 206, Advocate’s Enclave, Sector 49-A, Chandigarh (UT) 160047.

                                ...  Complainant.

Versus

1.     Yatri 4 Travel through its Managing Director, Office No.33, First Floor, J-4, Shri Ram Trade Centre, Bishanpura Main Rd, Sector 58 Noida(UP)-201301 (Landmark: Opposite U Flex(C-5, Sector 57).

 

2.     Devesh Mahajan, Authrized Representative of Sales & Promotion Team, Yatri 4 Travel, Office No.33, First Floor, J-4, Shri Ram Trade Centre, Bishanpura Main Rd, Sector 58 Noida(UP)-201301 (Landmark: Opposite U Plex(C-5, Sector 57).

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Sh.Surinder Kumar, Adv. for the complainant

                 OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the case of the complainant is that in last week of June, 2017, OP NO.2 through mobile phone  intimated to him        a ‘Promotional Offer’ of a very good 3/4 Star Hotels at total tariff of Rs.8999/- for a holiday stay of 3 Nights & 4 Days at choice place but the offer was to be availed within three days. He was assured that such likes offers are only very occasional and the accommodation to be made available was not less than a value of Rs.30,000/- to Rs.40,000/- in routine.  OP No.2 forwarded the said offer on 23.06.2017 along with the PDF list of hotels/resorts for selection.  Believing in good faith upon the representation, he remitted Rs.8999/- as per the instructions of OP No.2 through his saving bank account at Chandigarh and same was confirmed by OP No.2 through mail with payment ID-“Y4TRM0285”.  Thereafter, OPs sent voucher code request form through courier dated 04.07.2017 whereupon he opted the following destinations by filling up his preferences on the said form on 10.07.2017 along with the dates for the proposed holiday stay in consultation with OP No.2 (i.e. for period of lean season/Diwali festival break days) who assured for its confirmation as filled up in the above stated form:-

	Destinations	1st Date Interval	2nd Date interval
Destination-1	Mussoorie Brentwood Hotel)	13.10.2017	20.10.2017
Destination-1	Shimla (Club Mahindra)	13.10.2017	20.10.2017

        Thereafter, several calls were made by him from time to time to OP No.2 to enquire about the confirmation who in turn kept on assuring that the same was under process.  Subsequently, he received an e-mail on 22.08.2017 intimating a list of 5 hotels at Mussorie where the accommodation is available for the proposed dates instead of the opted/assured accommodation.  It has further been averred that  none of 5 hotels are included in the list of the hotels/resorts already sent to the complainant and  none of the hotels are in the category of 3/4  Star Hotels/Resorts rather they were ordinary low rate/cheap hotels with no facilities as per the Promotion Offer made/assured and the offer being made available is only a farce or an eye wash and to befool him. To show his resentment, he  called upon OP No.1 through its customer care number but the same was not responded to in order to escape from any situation arising therefrom.  He again made a call to the Ops on its customer care and expressed his displeasure towards the treatment made to him. It has further been averred that as per the policy of the OPs as enumerated in the “Voucher Code Request Form, only once the voucher was to be issued and thus unless the OPs convey an another opportunity by providing a fresh “Voucher Code Request Form”, he was not in a position to opt for any further reservation during the tenure of the policy i.e. 10 months.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.

2.         Notice sent for the service of the OPs was received back with the report of refusal. Since refusal was good service, and none appeared on behalf of the OPs on the date fixed, therefore vide order dated 06.04.2018, it was proceeded against exparte. 
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In exparte evidence, the complainant has filed his detailed affidavit reiterating the averments as made in the complaint. He has also placed on record the copies of the documents as mentioned in the complaint in support of the averments. The evidence led by the complainant has gone un-rebutted and uncontroverted as the OPs chose not to appear before this Forum.  Therefore, in the absence of any rebuttal from the side of the opposite parties, the version of the complainants, supported by the duly sworn affidavit, must prevail.  Failure on the part of the OPs to honour their commitments, therefore, amounts to deficiency in service and the complaint deserves to be allowed. 
5.         In Surendra Kumar Tyagi Vs. Jagat Nursing Home and Hospital and Another, IV (2010) CPJ 199 (N.C.), the principle of law, laid down, by the National Consumer Disputes Redressal Commission, New Delhi, was to the effect, that the compensation should be commensurate with loss and injury, suffered by the complainant. The Consumer Foras are not meant to enrich the consumers, at the hands of the service providers, by awarding unfair, unjust and excessive compensation.
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund Rs.8,999/-  to the complainant, received on account of advance booking.
2. To pay Rs.2,500/- as compensation for mental agony and physical harassment.
3. To pay Rs.5,100/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of this order till its actual payment besides payment of litigation costs.

7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

02/05/2018 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

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