BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 29^TH DAY OF APRIL 2023

ORDER

SMT.K.ANITA SHIVAKUMAR, MEMBER

Complaint filed under section 35 of Consumer Protection Act 2019 seeking direction to OP to refund the amount of Rs.22,000/- paid towards helicopter service to Kedarnath and Rs.14,000/- paid towards flight service from Varanasi to Deharadun.

 2. Brief facts of the case are as follows:-

Complainant is retired officer of public sector under taking residing in Bangalore, has planned to travel to Chardam yathra. OP is an New Delhi based travel agent, organizes tour inside India as shown in their website.  During September 7^th to 17^th of September 2022, OP organized chardam yathra.  Complainant and his friend decided to visit piligrims organized by OP. The said tour was of 11 days duration.  As per the price quoated by OP, complainant had paid Rs.43,000/- in two installments for 2 persons including Rs.11,000/- towards helicopter return cost of Rs.5,500/- each for two before commencement of yathra, complainant has accompanied with his wife In the middle of tour on 12.09.2022 complainant and other accompanied tourists supposed to go to Kedarnath.  A tour agent of OP called and informed on the same day that no helicopter service is available to visit Kedarnath due to bad weather. Complainant and co-tourists disappointed and deprived by the cancellation of visiting Kedarnath.  Therefore they requested OP to refund the amount of Rs.22,000/- for helicopter service, agent assured them refund will be made within 15 days.  Similarly as per OP’s tour schedule, booked flight ticket from Varanasi to Deharadun on 7^th September 2022 as a part of a tour.  But the flight got cancelled by flight authority.  Complainant requested OP to refund Rs.14,000/- paid towards the said tour Deharadun.  Hence complainant approached this commission to get his money of Rs.36,000/- for 4 persons in total from OP.

3. Notice sent to OP through RPAD which returned un-served.  Hence as per the request of complainant notice has also sent through E-mail to their official ID and whatsapp, but OP did not appear before this commission on the date of appearance. Hence OP placed Ex-parte.

4. After the stage of appearance and filing version, case set down to adduce affidavit evidence of complainant. Accordingly complainant filed his affidavit evidence and reiterated as stated in his complaint.  In support of his oral evidence, complainant filed documentary evidence by filing 6 documents which are marked as Ex-P1 to P6. Heard arguments of complainant, we perused the materials on record.

5. On the basis of the pleadings, the following points will do arise for our consideration:-

i) Point No.1:- Whether the complainant has proved the deficiency of service on the part of OP?

ii) Point No.2:- Whether complainant is entitled to get reliefs as prayed in his complaint?

 iii) Point No.3:- What order?

6. Our answers to the above points are as follows:-

i) Point No.1:- In the affirmative

ii) Point No.2:- In the affirmative?

iii) Point No.3:- See the final order

REASONS

7. Point No.1:- On perusal of the pleadings and documents, complainant has availed the services of OP to travel to Uttarkhand as it is stated that chardham yathra. The said documents namely whatsapp messages and E-mail communication between complainant and OP reveals that the said tour is scheduled from 07.09.2022 to 17.09.2022 , the only allegations of complainant is that the OP has not rendered the services of flight from Varanasi to Deharadun and helicopter service at Kedarnath.  The flight ticket booked from Varanasi to Deharadun on 17.09.2022 as a part of a tour got cancelled by airlines authority. For that complainant has paid Rs.14,000/- for 4 persons which is retained by OP.  Complainant has not availed services of airlines from Varanasi to Deharadun and the amount of Rs.14,000/- paid remain un-utilized.

8. Similarly complainant has not used the service of helicopter at Kedarnath, it got cancelled due to bad weather and was informed on 12.09.2022 by agent of OP. Complainant paid Rs.22,000/-  for 4 persons towards helicopter service which was un-utilized. Hence complainant requested OP to refund the amount of 4 person helicopter services and airlines services which is not utilized by them. Complainant requested to refund the same through E-mail and whatsapp messages. But OP did not refunded their amount despite several request from the complainant.

9. Upon going through the communication from them and proved the deficiency of services on the part of OP in not providing flight services and helicopter services even after collecting the necessary amount between them. It definitely amounts to deficiency of service on the part of OP. OP did not appear before this commission to defend his case nor come forward to refund the amount claimed by complainant, prior to approach this commission. Hence the evidences placed by the complainant before this commission are un-challenged. We consider that complainant has proved his case by placing documentary evidence.

10. Point No.2:- Complainant has paid Rs.22,000/- towards airlines services from Varanasi to Deharadun which are not utilized by them. Hence complainant is entitled to get refund of Rs.36,000/- in total. For the deficiency of services by OP is proved by the documents and his negligent to answer to whatsapp and E-mail communication of complainant, seems to be unjust and unfair.  Therefore OP is liable to pay interest at the rate of 8% per annum to the complainant.  In spite of several requests OP has not refunded the amount to the complainant for non-utilizing the services of helicopter and airlines, obiviously caused mental agony and inconveniences, disappointment of experiencing helicopter travel and view from helicopter caused to senior citizen complainants. OP is held responsibility for that and liable to pay compensation of RS.5,000/- and Rs.3,000/- towards cost of litigation for the foregoing reasons answer to the Point No.2 is in the affirmative.

11. Point No.3:- On the basis of the above findings of Point No.1 and 2, we proceed to pass the following:-

ORDER

1. Complaint filed under section 35 if Consumer Protection Act 2019 is allowed.

 2. OP shall pay Rs.36,000/- to the complainant with interest of 8% per annum from the cancellation of helicopter service that is on 12.09.2022 till this day.

  3. OP further directed to pay Rs.5,000/- towards compensation and Rs.3,000/- towards cost of litigation within 30 days from the date of order, failing which OP shall pay interest at the rate of 10% per annum after expiry of 30 days on Award amount till realization.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 29^th day of APRIL, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;