Delhi

East Delhi

CC/247/2020

ISHA SHARMA - Complainant(s)

Versus

AERONET TRAVTOUR PVT. LTD. - Opp.Party(s)

03 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. No. 247/2020

 

	Isha Sharma R/o. 78, Dayanand Vihar, Delhi-110092.	….Complainant
Versus
1.             2.       3.	Aeronet Travtour Pvt. Ltd., 4/54, WEA, Saraswati Marg, Karol Bagh, New Delhi-110005. Also At:- Aeronet Travtour Pvt. Ltd., 17-18, 1st Floor, Angel Maga Mall Kaushambi, Ghaziabad-201012 (U.P.)   Sandeep Bhardwaj (Director) Aeronet Travtour Pvt. Ltd., 17-18, 1st Floor, Angel Maga Mall Kaushambi, Ghaziabad-201012 (U.P.)   Sneha Bhardwaj (Director) Aeronet Travtour Pvt. Ltd., 17-18, 1st Floor, Angel Maga Mall Kaushambi, Ghaziabad-201012 (U.P.)	……OP1           ……OP2       ……OP3

 

Date of Institution: 23.11.2020

Judgment Reserved on: 03.07.2023

Judgment Passed on: 03.07.2023

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms.Rashmi Bansal (Member)

 

Judgment By: Shri S.S. Malhotra (President)

 

 

JUDGMENT

 

1. By this order the Commission shall dispose off the complaint filed by the Complainant against OP alleging deficiency in service in not refunding full amount on account of cancellation of Europe tour due to Covid-19 Guidelines/Directions.
2. Brief facts as stated by the Complainant in the complaint are that the complainant along with her seven family members planed to have Europe Tour for 10 days and took the services of the OPs in arranging the tour who is engaged in the business of arranging tours at national and international level and accordingly after brief discussion the complainant paid an amount of Rs. 10,33,101/- to the OPs for completing all the requisite formalities. This tour was to be started from 21.03.2020 to 31.03.2020 but on account of Covid-19 restrictions throughout the world, the OP informed the complainant that tour has been cancelled and it was also informed that he would refund the amount of the complainant after deducting Rs. 20400/- per person which will be adjusted in future tour. However the OP initially returned the amount of Rs. 5,56,949/- only on 06.07.2020 but after sending the legal notice which was duly served upon OP, he also returned, further amount of Rs. 3,00,000/- and the balance amount of Rs. 1,76,052/-, out of the total paid amount which was given to the OP, was not returned till date and as such she has filed the present complaint case against the OP thereby claiming that OP be directed to refund Rs. 1,76,052/- with interest @18%, pay compensation of Rs. 2,00,000/- per person and Rs. 1,00,000/- litigation charges.      
3. The OPs were served but did not appear and were proceeded ex-parte vide order dated 19.04.2022. Complainant has filed her evidence. Meanwhile OP has also filed an application under Order 9 Rule 7 CPC for setting aside ex-parte proceedings but subsequently the said application was withdrawn. The Commission has heard the arguments and perused the record.
4. As per the complainant herself she and her family member deposited Rs. 10,33,101/- with the OP for arranging Europe Tour for 7 family members of the complainant but on account of the Covid-19 directions the information was given by the OPs that the tour has been cancelled and even an amount of Rs. 8,57,049/- has been returned by the OPs. It is also an admitted fact that there is no allegation levelled by the complainant against the OPs w.r.t. any deficiency of service by the OPs ( as the tour has neither been cancelled for any default on the part of complainant nor on account of any default on the part of OPs) rather tour got cancelled on account of worldwide lockdown and it is quite noteworthy that the lockdown started from 21.03.2020 to onwards in India and therefore it cannot be said that the OPs were ever deficient in providing service w.r.t. arranging the tour or in providing any service related to the tour.
5. Since the OPs are running ex-parte and have not filed their written statement or the defence, the Commission has no opportunity to appreciate as to whether the OP has done any arrangements for the complainant for their tour or has made any booking in any hotel or has made any booking of the tickets for the complainant and in doing all such activities whether he has spent some money on account of providing the service to the complainant. All these facts have not been placed on record of the Commission but certain facts can be presumed that if the tour was to be started from 21.03.2020 to 31.03.2020 then some arrangements would have been done by the OP, but presumption howsoever strong may be, cannot take place as proof. The OP on the other hand has himself returned almost 80% of the amount to the complainant which proves that there may not be any clause w.r.t. forfeiture and therefore in absence of any defence even this fact/presumption cannot be appreciated.
6. However Commission is of the opinion that there was certain deficiency on the part of OP who has not informed the complainant or to the Commission as to what he has done for the purpose of providing the services to the complainant and since he has agreed to return the part amount and even has returned substantive amount that clarifies that he has not forfeited the amount rather it appears that OP has never arranged any service for the complainant w.r.t. arranging the tour and therefore there is some deficiency on the part of OP and therefore the Commission is passing the following order;

-   OP would return an amount of Rs.1,76,052/- to the complainant but without interest and in this circumstances the Court is also not awarding any damages or cost/compensation.

This Order is to be complied within 30 days from the date of receiving the order & in case the OP would not pay the amount within 30 days, then he would be liable to pay for interest @7.5% p.a. from the date of order till actual realisation.

Copy of the Order be supplied/sent to the Parties free of cost as per rules.

File be consigned to Record Room.

Announced on 03.07.2023.