Chandigarh

DF-II

CC/401/2022

Smt. Navneet Kaur, W/o Sh. Tirath Singh - Complainant(s)

Versus

Zoomcar India Pvt. Ltd. - Opp.Party(s)

Adv. Rajbir Singh Guron

04 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	401 of 2022
Date  of  Institution	:	04.05.2022
Date   of   Decision	:	04.01.2023

 

 

 

 

 

 

1]  Navneet Kaur w/o Sh.Tirath Singh, aged 48 years,

 

2]  Tirath Singh s/o Sh.Gurpal Singh, aged 49 years,

 

Both residents of House No.169, Sector 36-a, Chandigarh 160036

 

             …..Complainants

 

Versus

Zoomcar India Pvt. Ltd., Registered Office – 7^th Floor, Tower-B, Diamond District, 150, HAL Airport Road, Kodihalli, Bangalore, Karnataka 560008 India

2^nd Address:- 

Inter State Bus Terminal (ISBT), Parking, NH-21, Sector 43-B, Chandigarh 160003

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

MRS.PRITI MALHOTRA             MEMBER 

                    MR.B.M.SHARMA                     MEMBER

                               

Argued by  : Sh.Rajbir Singh Guron, Adv. for complainants.

   Opposite Party exparte.

 

PER PRITI MALHOTRA, MEMBER

 

         Concisely put, the complainant No.1 along with her sister in-law Smt.Harman Kaur, in order to attend Yoga Retreat at Auroville, Pondicherry (Tamil Nadu) from 25^th to 31^st Dec., 2021, booked Hotel Villa Des Gouverneurs, No.5, JN Street, White Town, Pondicherry 605001 with check-in on 24.12.2021 and check-out on 25.12.2021, wherefrom they had to travel to Auroville to attend the said Yoga Retreat.  It is stated that as the complainant NO.1 & her sister-in law had to travel from Chennai Airport to Pondicherry by road, after undertaking the journey by air from Chandigarh, so she booked a rental car with OP by making online payment of Rs.22,838/- on 17.12.2021 and accordingly given booking ID No.JPS69S5DD  (Ann.C-2) of Hyundai i20 MT Petrol Car for the period from 24.12.2021 to 31.12.2021.  It is also stated that the earlier booking made by complainant No.1 with OP for rental car was got cancelled due to non availability of Hotel at Pondicherry whereupon the OP duly refunded the amount on 13.12.2021.

         It is submitted that after reaching Chennai Airport on 24.12.2021, the complainant No.1 contacted OP for providing the rental car as per booking, but it showed inability to provide the same being out of stock and cancelled the booking conveying vide message Ann.C-3.  It is also submitted that the OP neither provided the car as per booking nor refund the booking amount and instead added Credits worth Rs.10,000/- in Zoomcar Account of complainant No.1 (Ann.C-4). Left with no alternative, the complainant No.1 and her sister-in law had to hire private taxi by paying extra amount in the late hours of the day to reach Hotel at Pondicherry.  It is also submitted that due to said deficient act of OP in failure to provide the promised rental car, the complainant No.1 and her sister in-law had to suffer mental trauma and harassment apart from financial loss.  Hence, this complaint.

 

2]       The Opposite Party did not turn up despite service of notice, hence it was proceeded exparte vide order dated 16.11.2022.

 

3]       Complainants led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the complainant and have perused the entire record.  

 

5]       It is evident on record that payment of Rs.22,838/- has been made to OP on 17.12.2021  (Ann.C-1 Pg.25) and booking of car Hyundai i20 has been confirmed by it vide message dated 17.12.2021 from 5:00 AM 24^th Dec. ,to 10:30 AM 31^st Dec. at East Tambaram (Ann.C-2).  Record further reveals that the said booking was cancelled due to out of stock and as such, the complainant raised issue of refund with OP vide email dated 11.1.2022   (Ann.C-3), but instead of refund, the OP added Credits worth Rs.10,000/- in Zoomcar Account of complainant No.1.  Despite booking, the OP neither provided the service of rental car nor refunded the amount, which clearly amounts to deficiency in service on its part. 

 

6]       It has been observed that the OP despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the Opposite Party has failed to render due service to the complainant No.1 and have nothing to contradict meaning thereby that they duly admits the claim of the complainant No.1.  

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service has been proved on the part of Opposite Party. Therefore, the present complaint is allowed with direction to the Opposite Party to refund the entire booking amount of Rs.22,838/- to the complainant along with interest @10% p.a. from the date of payment i.e. 17.12.2021 till its realization. The OP is also directed to pay a compository amount of Rs.15,000/- to the complainant as compensation for rendering deficient services which also includes litigation expense.

         This order shall be complied with by the OPs within a period of 45 days from the date of receipt of copy of this order, failing which it shall be liable to pay additional cost of Rs.10,000/- apart from the above relief.

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

Announced

4^th January, 2023                                                                   

Sd/-

 (AMRINDER SINGH SIDHU

PRESIDENT

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

sd/-

(B.M.SHARMA)

MEMBER