District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.118/2021.

 Date of Institution: 02.03.2021.

Date of Order: 11.01.2023.

Vinod Sharma aged about 47 years son of Shri Khem Chand Sharma, resident of House No. 256, G-Block, D.L.F. Sector-10, Faridabad, District Faridabad. Aadhar Card No. 2119 948 5790 Mobile No. 9873236190.

                                                                   …….Complainant……..

                                                Versus

1.                M/s. Rudra Sun Travels, B-22, Shop NO. 04, Shashi Garden, Mayur Vihar, Phase-I, New Delhi – 110 091 through its Manager Sales Aditya Kumar.

2.                M/s. Garhwal Mandal Vikas Limited, 74/1, Rajpur Road, Dehradun – 248001 through its Directors/Principal Officers.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh.  Avdesh Sharma  counsel for the complainant.

                             Opposite party No.1 exparte vide order dated 18.11.2022.

                             Opposite party No.2 exparte vide order dated 28.1.2022.

ORDER:  

                             The facts in brief of the complaint are that  the complainant contacted opposite party No.1 on 22.10.2020 for booking of four travelling tickets of vide No. UKFT20102237239123 of Helicopter from Phata to Kedar Nath and from Kedar Nath to Phata (for departure and arrival) to and fro.  At that time, opposite party No.1 received Rs.22,000/- from the complainant, out of which the complainant gave Rs.11,000/- in advance to the opposite party No.1 and balance amount of Rs.11,000/- was given to him after confirmation. The said payments were made by the complainant to opposite party No.1 through NEFT.  The above said air tickets were for 26.10.2020.  After confirmation of above said tickets, suddenly on 25.10.2020, the complainant became seriously ill, early in the morning, as he was suffering high fever like COVID-19 symptoms etc. hence the complainant immediately informed the opposite party No.1 through whatsapp and e-mail and requested them to get cancel the above said helicopter tickets of the complainant and to refund back the money of the complainant.  As per the directions given by the opposite party No.1 to the complainant informed the opposite party No.2 on 26.10.2020 to cancel his journey tickets, because he was suffering from high fever like COVID-19 syptoms and again requested them either to refund back the booking amount to him or to postpone the same.  The complainant remained under treatment for a long period continuously and even there was his Corona Positive report dated 3.11.2020.  The complainant followed

Govt. norms and instructions in order to avoid any unnecessary disease to any other person. The complainant sent legal notice  dated 04.02.2021 to the opposite parties but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                refund back the amount of Rs.22,000/- alongwith interest @ 24%

p.a. from the date of its due till realization of whole amount.

 b)                pay Rs.10,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 11,000 /-as litigation expenses.

2.                 Notice issued to opposite party No.1 on 10.11.2022 through email and whatsapp and the same were delivered to opposite party No.1. Case called several times since morning but none had appeared on behalf of opposite party No.1.  It presumes that the opposite party No.1 had intentionally avoiding the service.  Therefore, opposite party No.1  was hereby proceeded ex-parte vide order dated 18.11.2022.

3.                Registered notice was sent to opposite party No.2 on dated 24.12.2021 not received back either served or unserved. Case called several times since morning.  But none appeared on behalf of opposite party No.2.  More than one month had elapsed. Therefore, opposite party No.2 was proceeded against exparte vide order 28.01.2022.

4.                The complainant led evidence in support of his respective version.

5.                 We have heard learned counsel for the complainant and have gone through the record on the file.

6.                In this case the complaint was filed by the complainant against opposite parties –M/s. Rudra Sun Travels & Ors.  with the prayer to: a)refund back the amount of Rs.22,000/- alongwith interest @ 24% p.a. from the date of its due till realization of whole amount.  b) pay Rs.10,000/- as compensation for causing mental agony and harassment . c)  pay Rs. 11,000 /-as litigation expenses.

                   To establish his case, the complainant  has led in his evidence Annx. C1(a) – email dated Oct. 22,2020, Annx.C2 – Account statement, Annc.C3 – email, Annx.C4 – receipt, Annx.C5 – whatsaap message,, Annx.C6 – email, Annx.C7 – whatsapp message,, Annx.C8   to 10- emails, Annx.C-11 & 12 -  prescription, Annx.C-13 – test report, Annx.C-14 – Receipt, Annx.C-15 – receipt, Annx.C-16 – photo, Annx.C-17 – x-ray report, Annx.C-18 – bill of supply, Annx.C-19 -  Report,, Annx.C-20 – photo , Annx.C21 - X-Ray report, Annx.C-22 – Bill of supply, Annx.C-23  to C-26 – Retail bills, Annx.C-27 – legal notice,, Annx.C-28  & 29– postal receipt, Annx.C-30 – message, Annx.C-31 – adhaar card,

7.                There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2.

8.                Opposite parties Nos.1 & 2 jointly & severally, are directed to refund an amount of Rs.22,000/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite parties Nos.1 & 2 are also directed to pay Rs.2200/- as compensation for causing mental agony  & harassment alognwith  Rs.2200/- as litigation expenses to the complainant.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  File be consigned to the record room.

Announced on: 11.01.2023                                  (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                       Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                   (Indira Bhadana)

                       Member

          District Consumer Disputes

                                                                   Redressal Commission, Faridabad.