Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 379
Instituted on : 19.07.2023.
Decided on :15.01.2024.
Vimal Mehta age43 years, s/o Sh. Subhash Mehta r/o 471 FF, Phase II Omaxe City Rohtak.
………..Complainant.
Vs.
- Novotel Goa Resort & Spa, Pinto Waddo Off Landolim Road, Bardezx 403515 Goa through its Manager/Incharge.
- Mukesh Agent Travel Adda(A unit of Myra Inc. Delt 1225) FF 9 Reliable City Centre, Vasundhara, Ghaziabad(UP).
……….Opposite parties/respondents.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER
DR.VIJENDER SINGH, MEMBER
Present: Ms. Cheenu Mehta, Advocate for complainant.
Opposite parties exparte.
ORDER
VIJENDER SINGH, MEMBER:
1. Brief facts of the case as per complainant are that he booked 2 superior rooms from 18 June 2023 to 22 June 2023 in the resort of respondent no.1 through respondent no.2 and paid advance amount of Rs.150000/- including cruise and air fair through online payment. The payment was confirmed by the opposite party No.2 vide confirmation no.9135541850242. The father-in-law of the complainant was seriously ill so the complainant informed the respondents on 10.06.2023 and requested them to cancel the booking and to refund the entire amount but despite his repeated requests and reminders, the opposite parties have not refunded the money to the complainant. The respondents had only paid Rs.17000/- on 29.06.2023 and remaining amount has not yet been paid by them. Complainant made repeated requests to the respondents to refund the remaining amount of Rs.133000/- because the complainant had cancelled the booking prior to the date of check-in but the respondents are not refunding the amount of complainant. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the remaining amount of Rs.133000/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Notice sent to opposite party No.1 & 2 through registered post not received back. Track report also submitted by the counsel for the complainant regarding delivery of the items/notice confirmed but none has appeared on behalf of opposite party No.1 & 2 and as such opposite party No.1 & 2 was proceeded against exparte vide order dated 15.09.2023 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on 17.11.2023.
4. We have heard learned counsel for the complainantand have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by the complainant.As per confirmation receipt Ex.C1, hotel booking for 2 rooms was booked by the opposite party No.2 from 18.06.2023 to 22.06.2023 for 5 persons. As the father-in-law of the complainant was ill, so he requested the opposite parties to cancel the booking. As per email Ex.C3, opposite party No.2 on dated June 2023 has submitted that “Air tickets are cancelled and their refunds will fluctuate in 7-10 working days”. As per email dated 07.07.2023, opposite party No.2 has submitted that they have received a total amount of Rs.150000/- from the complainant out of which, Rs.35000/- were deducted on account of flight cancellation charges, Rs.12000/- on account of cruise booking as the same were non-refundable and Rs.43000/- on account of hotel booking charges. Remaining amount of air ticket Rs.17000/- was transferred in the account of complainant and for remaining Rs.43000/- a credit note was given which the complainant can use in future booking. Hence the opposite party has paid only Rs.17000/- to the complainant. On the other hand, at the time of booking, no such terms and conditions regarding deduction of amount were handed over or explained to the complainant. It has been submitted by the complainant that the travel agency/respondent told that if they cancel the booking at any stage, full amount would be refunded. But as per our opinion if the flight booking is cancelled, a few charges are deductible against the cancellation. So it can be admitted that Rs.35000/- are rightly deducted on account of air fair of 5 persons. However, remaining amount of Rs.12000/- on account of cruise charges and Rs.43000/- on account of hotel charges has been wrongly deducted and Rs.43000/- has been wrongly withheld for further booking. It is also on record that opposite parties have not appeared before this Commission and were proceeded exparte, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to refund the amount of Rs.12000/- on account of cruise charges + Rs.86000/- on account of hotel charges i.e. total Rs.98000/- to the complainant.
6. In view of the facts and circumstances of the complaint, we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.98000/-(Rupees ninety eight thousand only) alongwithinterest @ 9% p.a. from the date of filing the present complaint i.e. 19.07.2023 till its retaliation and Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs.File be consigned to the record room after due compliance.
Announced in open court:
15.01.2024.
.....................................................
Nagender Singh Kadian, President
………………………………
TriptiPannu, Member
..........................................
Vijender Singh, Member.
