Chandigarh

DF-I

CC/234/2022

Alok Prabhaker - Complainant(s)

Versus

Kanwal Travels Pvt. Ltd. - Opp.Party(s)

Varun Dhawan

01 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/234/2022
Date of Institution	:	23.2.2022
Date of Decision	:	1/02/2024

 

1. Alok Prabhakar S/o late  Sh. Balbir Prabhakar R/o House No.3313, Sector 24-D, Chandigarh.
2. Smt. Promila Prabhakar w/o late Sh. Balbir Prabhakar r/o House No.3313, Sector 24-D, Chandigarh.

 

… Complainant(s)

V E R S U S

1. Kanwal Travels, through its authorized signatory/proprietor Ujjwal Mandal, SCO No.111-112-113, 2^nd floor, Sector 17-B, Chandigarh.
2. Taj Mahal Tours India through its owner Mr. Deepak Khurana, House No.40, Sector 13, Backside Nirmal Kutiya, Karnal.
3. Sai Tours Regd. Office 302, Vinayak Complex 18 Veer Savarkar, Shakarpur, Delhi.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Varun Dhawan, Advocate for complainants
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that on 9.12.2021  the complainants approached OP No.1  for booking a trip to Goa, scheduled w.e.f. 16.12.2021 to 20.12.2021  including air tickets and hotel booking etc. for 7 members which included the complainants alongwith Deepika Prabhakar, Jyoti Prabhakar, Sandip Tewari, Vini Tewari and Rajat Tewari.  For the booking of the said trip, the complainants paid a total sum of Rs.1,92,150/-  to the OP No.1 and the said payment was made by complainant No.2 from her account vide cheque dated 9.12.2021.  The copy of receipt issued by OP No.1 is annexed as Annexure C-1.  The details of amounts charged by the OP No.1 is as under:-

Sr. No.	Particulars	Cost per person	Total cost (7 persons)
1.	Air tickets	Rs.15,650/-	Rs.1,09,550/-
2.	Hotel booking and site seeing	Rs.11,800/-	82,600/-
Total			Rs.1,92,150/-

 The copies of booking of air tickets and hotel bookings are annexed as Annexure C-2 and C-3. On 15.12.2021 out of 7 members, 4 members namely Sandip Tewari, Deepika Prabhakar, Vini Tewari and Rajat Tewari got COVID positive  and remaining members were also directly in contact with them  and as per COVID guidelines no one could travel Goa. Accordingly the complainants requested the OP No.1 to cancel the trip and refund the amount. At that time the OP No.1 had assured  that the air ticket fare will be refunded and hotel booking  amount cannot be refunded and the complainants were asked to write an email regarding cancellation of air tickets to the Indigo Customer Relations  and accordingly the complainants sent mail
Annexure C-4(colly) to aforesaid airlines. On 22.12.2021, the complainants came to know that entire ticket amount of Rs.65,800/-  was refunded by the Indio Airlines to the travel agency i.e. OP No.1 on 17.12.2021 whereas the OP No.1 has charged an amount of Rs.1,09,550/- for the said air tickets which shows that an amount of Rs.43,750/- was overcharged by OP No.1.  On 4.1.2022 an amount of Rs.65800/- only was refunded to the complainant No.2 on account of air fare ticket but the balance amount of Rs.43,750/-  was withheld by the OP No.1.  The complainants visited the office of OP No.1 several time with the request to refund the balance amount but they refused to do so. The OP No.1 had also charged an amount of Rs.82,600/-  for the service on account of hotel booking and site seeing etc. and the said amount has also not been refunded by OP No.1. Since the subject trip was cancelled by the complainants on account of COVID-19  pandemic , the OPs could not have compelled the complainants to plan another trip in June 2022  by asking the complainant to avail the credit note against the hotel booking amount already received by them. When the aforesaid amount was not refunded by OPs the complainants were compelled to issue legal notice Annexure C-6 which was replied by OP No.1 vide Annexure C-7. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

2. OP No.1 initially appeared before this Commission and resisted the consumer complaint by filing its written version, inter alia, taking preliminary objections of maintainability, cause of action, concealment of facts and locus standi and also that there is no deficiency in service on its part. On merit it is admitted that the complainants had paid an amount of Rs.1,92,150/-  out of which an amount  of Rs.1,08,500/-  paid to OP No.2 and Rs.80,500/- to OP No.3 and OP No.1 has received Rs.3150/- towards the services paid by the answering OP No.1.  However, it is alleged that an amount of  Rs.65,800/-  was refunded  by OP No.2 to the OP No.1 and the same was further refunded to the complainants by OP No.1. It is further alleged  that there is no  contract between the answering OP and complainant. The answering OP is not liable to refund any amount to the complainants. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. However none has appeared on behalf of OP No.1 before this Commission since 6.9.2022, thus, it was proceeded against exparte on 4.8.2023.
4. OP  No. 2  was properly served and when OP No.2 did not turn up before this Commission, despite proper service, it was proceeded against ex-parte on 21.6.2023.
5. OP No.3 was initially represented through its proprietor Ms. Neetu but thereafter none turned up on its  behalf to file reply and evidence, hence, OP No.3 was proceeded against exparte on 22.12.2022.
6. In replication, complainant reiterated  the claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.

2. In order to prove their case, complainants have tendered/proved their evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainants alongwith other five members of their group had booked a trip to Goa which was scheduled w.e.f. 16.12.2021  to 20.12.2021  through OP No.1 and the booking of the trip for the air tickets and for their stay in the hotel have been made by OPs No.2&3, and also that the complainants had paid Rs.1,92,150/- to the OPs for the booking of the air tickets and for hotel booking which was also   acknowledged by OP No.1 vide Annexure C-1 as is also evident from air ticket and hotel booking documents Annexure C-2 and C-3 and also that on 15.12.2021 four members of the complainant’s group namely Sandip Tewari, Deepkika Prabhakar, Vinni Tewari and Rajat Tewari were  found COVID positive and as the other members of the group were also in contact with them, thus, as per COVID-19 guidelines the complainants were compelled to cancel their trip and accordingly they requested the OPs for cancellation of their trip and refund the amount received by them through mail
      Annexure C-4(colly and out of the total amount of Rs.1,92,150/- the OP No.1 refunded only Rs.65,800/- on account of air tickets  and  the remaining amount of air ticket and hotel booking has not been refunded to the complainant, the case is reduced to a narrow compass as it is to be determined if the OPs are unjustified in not refunding the balance amount to the complainants and the complainants are entitled for the relief as prayed for, as is the case of the complainant or if the OPs are justified in not refunding the aforesaid amount and the complaint is liable to dismissed.
   2. In the back drop of the foregoing admitted and disputed facts on record, it is clear that the entire case of the parties is revolving around the  documentary evidence led by the complainants and OP No.1 is required to be scanned carefully.
   3. Perusal of Annexure C-1 the receipt clearly indicates that OP No.l acknowledged receipt of Rs.1,92,150/- for the air ticket and hotel booking. Annexure C-2  and C-3 are the copies of tickets booked by OPs No.1&2 through Indigo airlines and hotel booking was done by OP No.3. Annexure C-4  is the copy of email, indicating that the complainants have requested the Indigo airlines to refund the entire air ticket amount and it was admitted by the said airlines that an amount of Rs.65800/- was only received by the airlines which has already been refunded to the travel agency i.e. OP No.1 and the complainants were asked to approach travel agency. Thus one thing is clear from Annexure C-4 sent by Indigo airlines to the complainants that only an amount of Rs.65800/- was received by the airlines for the air ticket booking and the same was refunded by the said airlines to the travel agency i.e OP No.1 which admittedly has been received by the complainant from OP No.1. It is further clear that  balance air ticket fare amount of Rs.43750/- has been withheld by the OPs No.1&2 and they are liable to refund the same to the complainants.
   4. So far as the hotel booking amount of Rs.82600/- is concerned,  the same was paid by the complainants to the OP No.1 and the hotel booking was got done by OP No.1 through OP No.3 and further when it has come on record that the aforesaid trip was cancelled by the complainants only on account of COVID19 guidelines  as four members of the group were found COVID positive before their departure from
      Chandigarh to Goa, and also that the aforesaid amounts has not been refunded by the OPs to the complainants despite of their repeated requests, the aforesaid act of OPs amounts to deficiency in service and indulgence in unfair trade practice.  Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed  in the following manner:

1. OPs No.1&2 are jointly and severally directed to refund ₹43,750/-i.e. the balance amount of air ticket fare to the complainants alongwith interest @ 9% per annum from the date of cancellation of ticket i.e. 15.12.2021 till onwards.
2. OPs No.1&3 are jointly and severally directed to refund ₹82,600/- i.e. the amount received by Ops No.1&3 on account of hotel booking to the complainants alongwith interest @ 9% per annum from the date of cancellation of trip till onwards.
3.  The OPs shall pay jointly and severally Rs.10,000/- as compensation to the complainants for causing mental agony and harassment to them;
4. The OPs shall pay jointly and severally Rs.10,000/- to the complainants as costs of litigation.

5. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the respective amounts mentioned at Sr.No.(i) (ii) & (iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 1/02/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member