Delhi

North

RBT/CC/125/2022

BHABAR LAL RAIGAR - Complainant(s)

Versus

YOGESH & ORS - Opp.Party(s)

15 Jun 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

RBT/CC No.:125/2022.

 

Sh. Bhabar Lal Raigar

S/o Sh. Maghraj,

B-89, Pratap Vihar-III,

Suleman Nagar, Kirari,

Delhi-110086                                                                  …                                                   Complainant

 

                                                                                                Vs

 

Sh. Yogesh (Manager)

Sun Holidays-

Unit of Sun Dream Tours & Holidays Pvt. Ltd.

314-, Aggarwal Mall, Plot-3

Sector-5, Dwarka,

New Delhi-110075

 

Also at

205, Krishna Plaza-II,

Plot-3, Sector-12,

Dwarka, New Delhi-110075                                  …                                   Opposite Party No.1

 

Sh. Pankaj Gulati (Director/ Prop.)

Sun Holidays-

Unit of Sun Dream Tours & Holidays Pvt. Ltd.

314-, Aggarwal Mall, Plot-3

Sector-5, Dwarka,

New Delhi-110075

 

Also at

205, Krishna Plaza-II,

Plot-3, Sector-12,

Dwarka, New Delhi-110075                                  …                                   Opposite Party No.2

 

ORDER

15/06/2023

Ashwani Kumar Mehta, Member:

 

(1)          The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that Complainant purchased a package for tour to Sri-Nagar for four night and five days for his complete family (comprising of 6 members)  from OPs. The Complainant paid the OP of Rs.99,000/- through Cheque bearing No.847930 (SBI) of Rs.18,000/- dated 31.01.2018 and Cheque No.847931 (SBI) of Rs.81,000/- dated 19.02.2018 which was encashed by the OPs on 31.01.2018 and 19.02.2018. It is alleged by the complainant that the OPs neither booked the ticket nor provided the package as promised/booked. The Complainant visited the office of the OPs seeking refund of amount but OPs did not return the amount to the Complainant. Therefore, the complaint has been filed for direction to OPs to return Rs.99,000/- with 12% p.a. interest from the date of encashment of cheque and litigation expenses.

(2)          Accordingly, notice was issued to the OPs to defend the complaint but the OPs neither appeared nor sent any communication despite service of the notice. Since the OPs chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records and we are of the considered view that the complainant has suffered directly due to deficient service of the OP-1 and OP-2 in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

(3)          Therefore, we feel appropriate to direct the OP-1 and OP-2 to refund Rs.99000/- (Rupees Ninety Nine Thousand only), jointly and severally, within thirty (30) days from the date of this order, with interest at the rate of 9% p.a. from 20.09.2018 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.50,000/-(Rupees fifty Thousand only) as compensation to the Complainant for the mental pain, agony, harassment & legal expenses. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

(4)          Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

                        ASHWANI KUMAR MEHTA                                                           DIVYA JYOTI JAIPURIAR                                                                              Member                                                                                                President                                           DCDRC-1 (North)                                                                       DCDRC-1 (North)