DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

                   Complaint  Case No  :  59 of  2012

Date of Institution :   25.01.2012

Date of  Decision   :     4.7.2012

Gagandeep Singh s/o Beghel Singh, R/o H.No.B-747, Ward No.6, Street No.5, Mansa - 51505

….…Complainant

V E R S U S

1]   Green Time Tours and Travels Pvt. Ltd. through Proprietor Mr.Vijay Sethi, Level-1, SCO 485-486, Sector 35-C, Chandigarh.

2]   Guru Nanak L.C.V. Operators Society Mohali (Regd.), Opposite Indl. Area Market, Phase-9, Mohali (Punjab.).

.…..Opposite Parties

CORAM:   SH.P.D.GOEL                     PRESIDENT

         SH.RAJINDER SINGH GILL       MEMBER

Argued by: Ms.Smriti Dhir, Counsel for Complainants.

Sh.Barjesh Mittal, Counsel for OP No.1

OP No.2 already exparte.

PER RAJINDER SINGH GILL, MEMBER

          Succinctly put, the Complainant, a student of Chitkara Institute of Engineering, Rajpura (Punjab), was one of the Member of RXG Team formed by the College to participate in Shell Eco-Marathon Competition Asia-2011 to be held at Sepang International Circuit in Kuala Lumpur, where he was to demonstrate a Model of Fuel Efficient Car.  It is averred that the RXG Team hired the service of Green Time Travel/OP-1, for lodging, air flights to Kuala Lumpur and also cargo transfer to Sepang International Circuit.  The OP No.1 had association with Guru Nanak LCV Operators Society Mohali/OP-2 for sending cargo to desired destinations.  The complainant was assured by the OPs that his cargo would reach in time before the competition to be held from 6.7.2011 to 9.7.2011.  The complainant also got a certificate issued from FICCI by depositing an amount of Rs.10,000/- (Non-refundable) as Carnet issuing Fee; Rs.40,320/- as Refundable Security (Ann.C-1) and Rs.2500/- for Fumigation Certificate. Complainant gave that certificate to OPs in time so that they can send the cargo to Kuala Lumpur.

          It is averred that on completion of requisite formalities of getting the Carnet Certificate issued by FICCI, the OPs were supposed to sent the cargo to IGI Airport (Argo), New Delhi to be sent it further and for all this, the complainant had to incur transportation expenses of Rs.8000/-. It is also averred that on 4.7.23011 Mr.Vijay Sethi gave complainant and his team the address of Jayaxpress Mahipalpur and on arriving there, the complainant was shocked to know that the cargo cannot leave due to closing of custom office and it will leave airport the next day i.e. 5.7.2011. They also took the signatures of the team members on photocopies of their passports and also signatures on some blank sheets. An amount of Rs.37,500/- was deposited in the account of Mr.Vijay Sethi, Director of OP-1 Company for the said trip (Ann.C-2 & C-3).  However, the cargo did not reach Malaysia even on 6.7.2011 inspite of the assurances given on e-mails (Ann.C-4 colly) to one of the team member Mr.Jaideep Girdhar.  Thus, due to the delay in cargo, the complainant and his team could not take part in the said Competition, which shattered the future prospects of the complainant of being selected by Top Multinationals Companies in case he could demonstrate his model.  It is stated that the model prepared by the complainant was so innovative that inspite of the failure to demonstrate the model, the complainant still got a consolation prize (Ann.C-5).  It is also stated that the OP further showed their negligence even on return of the cargo.  The cargo was returned only on the expenses of the complainant and the amount of Rs.55,500/- which was charged for transporting the cargo from New Delhi to Malaysia was also not returned.  The OPs stated that the charges were consumed in the process. Furthermore, the OPs did not even return the carnet certificate issued by FICCIO due to which the complainant is unable to get refundable security of Rs.40,320/-. It is further stated that the OPs were also liable to pay the expenses borne by the Team Members of the complainant to travel to Malaysia and also for transfer of cargo to New Delhi.          

2]        OP-1 filed reply stating therein that the complainant never availed the services of OP No.1 nor it ever charged any money as consideration for such alleged hiring of services by the complainant. It is pleaded that the factual position is different.  Only two members namely Gagandeep Singh and Jaideep Girdher were to go to Kuala Lumpur, Malaysia to show case the project model car in the competition, as such two return Air Tickets from New Delhi to Kuala Lumpur and back for said two members were booked Online on 13^th June, 2011 (Ann.R-1). Regarding the Malaysia Visa & Hotel Booking at Kuala Lumpur of two team members, who personally went to showcase the model car, the arrangements were got done by Gangadeep Singh through Venus Holiday Mart, Sector 8, Chandigarh (Ann.R-2).  It is pleaded that the contention of complainant that OP-1 had, through OP-2, sent the model car to New Delhi in Truck on 3.7.2011 is false and the said bill of OP-2 is a procured document.  The members of RXG Team had themselves taken the model car by truck to New Delhi on 2.7.2011 itself where the said model car was fumigated while loaded in the truck itself on 2.7.2011 as is proved from Fumigation Certificate issued by Capital Pest Control (India), New Delhi (Annexure R-3).  OP-1 had no association with OP-2 as is clear from Certificate of Incorporation and Extract of Memorandum of Association of Greentime Tours & Travels Pvt. Ltd. (Ann.R-4). Further, an another team member, who accompanied the complainant to Kuala Lumpur has categorically given as affidavit (Ann.R-11) to the effect that the model car was transported to New Delhi from Mohali on 2.7.2011 and not on 3.7.2011, so the receipt of transportation is a procured & fake document.  It is also pleaded that OP-1 only guided the members of Team RXG to get in touch with Mr.H.S.Kohli of Carex Cargo, New Delhi, who was dealing in cargo of airlines. The amount of Rs.37,500/- and Rs.18,000/- deposited by complainant in the account of Sh.Vijay Sethi was further transmitted in the account of Sh.H.S.Kohli as is clear from account statement Ann.R-6 for further transmission to Jaya Express Cargo for spending on other formalities requisite for loading the model car in the cargo of Air Asia Airline. 

          It is submitted that the father of the complainant had deposited a total amount of Rs.55,500/- in the bank account of OP-2 on 5.7.2011.  As is apparent from the perusal of Ann.R-6, an amount of Rs.46,000/- was transmitted by OP-2 in the account of Sh.H.S.Kohli on 5.7.2011 and Rs.4700/- on 7.7.2011, which comes to Rs.50,700/-.  The amount of Rs.4800/- is pending with OP-1 qua which a demand draft (Ann.R-7), dated 20.4.2012 in favour of Gangandeep Singh Mahal has been prepared for delivery to him.  The model car was handed over to the cargo representatives of Airlines for loading on 5.7.2011, but due to some unavoidable circumstances, such as delays of custom clearance at 2^nd level, permission of Carnet from Inspector, Superintendent, Assistant Commissioner & Deputy Commissioner of Customs, Inspection at Old Custom House and New Custom House in cases of Carnet Certificate wherein goods are sent abroad, which also have to come back to the country unlike usual export goods, causing further delay, repacking with pallets and steel striping etc., all due to heavy rush of cargo at the IGI Airport and subsequently also the inability of the agents of Team RXG due to heavy rush, who were to receive the cargo from the Airline in Kuala Lumpur and get the same released from custom authorities in Malaysia, as informed by Jaideep Girdher from Malaysia, the said model car was withdrawn at the last movement from the cargo section of the Airline on the advice and asking of Gagandeep Singh and Jaideep Girdher and thus the airway bill was cancelled. Pleading no deficiency in service as well as denying rest of the allegations made by complainant, OP-1 has prayed for dismissal of the complaint.

          OP-2 did not appear despite service, hence was proceeded against exparte.

3]        Parties led evidence in support of their contentions.

4]        We have heard the ld.Counsel for the parties and have also perused the record.

5]        The ld.Counsel for OP No.1, has raised an objection to the effect that the complainant is not the consumer qua OP-1 as it had not provided any kind of services to him nor any consideration was paid for such alleged hiring of services.

6]        We find merit in the objection raised by OP NO.1.  There is no document on record to prove that any consideration was ever paid to OP No.1 by the complainant for availing the alleged services.  OP-1 had only given assistance being on friendly terms.  This fact finds force from the affidavit of Sh.Maninder Singh Goraya, father of Rooh Puneet Singh Goraya, one of the members of said Team RXG and student of Chitkara Institute of Engineering, Rajpur (Punjab) and also from the affidavit of Rooh Puneet Singh himself, wherein at Para NO.13, it has specifically been mentioned that the services of Greentime Tours & Travels were never availed by the members of Team RXG and no monetary consideration was ever paid to Greentime Tours and Travels for any air ticket booking, hotel stay & for sending the cargo to Malaysia.  Moreover, the said affidavits have gone rebutted or controverted from the side of complainant.  Hence, the objection raised by the ld.Counsel for OP-1 is sustainable and fully justified. 

7]        In view of the foregoings, we are of the firm opinion that the complaint is not maintainable.  Therefore, the same is dismissed, with no order as to costs. The complainant is at liberty to approach any appropriate court of competent jurisdiction for redressal of her grievance. 

          Certified copies of this order be sent to the parties free of charge.  The file be consigned.