Chandigarh

DF-I

CC/205/2022

Ankita Bajaj - Complainant(s)

Versus

Rev Holiday - Opp.Party(s)

Tanya Sehgal

08 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/205/2022
Date of Institution	:	15/02/2022
Date of Decision	:	08/05/2023

 

Ankita Bajaj D/o Late Sh.Pawan Bajaj R/o H.No.2612, Sector 19C, Chandigarh.

… Complainant

V E R S U S

1. Rev Holidays through its Authorized Representative Shop No.03, Ashapuradham, Siddharth Nagar, Majiwada, Thane West, Maharashtra-400601.
2. Mr.Ravi Goenka, Authorized Representative, Rev Holidays, Shop No.03, Ashapuradham, Siddharath Nagar, Majiwada, Thane West, Maharastra-400601.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Abhishek Singla, Counsel for Complainant.
	:	OPs ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant wanted to travel to Dubai with her family for which she contacted the OP for organizing the trip. The OP No.2 finalized the package of Dubai for 4 nights 5 days for the month of March, 2020. The final quotation given by OP No.2 to the complainant was Rs.1,55,000/-. The complainant through her mother’s  PNB account transferred in the account of OP No.1, a sum of Rs.1,55,000/-. In addition to this a sum of Rs.85,000/- extra was transferred by IMPS on insistence of OP No.2. It is submitted that the above stated amount of Rs.85,000/- was transferred by way of IMPS on request of OP No.2 as he conveyed to the complainant that for some reason the transactions of Rs.1,55,000/- made earlier by the complainant could not take place. Therefore, in total a sum of Rs.2,40,000/- was transferred to the account of OP No.1 by the complainant (Annexure C-1). OP No.2 acknowledged that he has received both the payments made through NEFT of Rs.1,55,000/- and made through IMPS of Rs.85,000/. Thereafter OP No.2 took the accounts details from complainant for refund of Rs.85,000/- received as excess amount due to double payment made by complainant, on the instructions of OP No.2. However, the same is not refunded till date (Annexure C-2). Due to some personal reasons and the global pandemic the complainant decided to cancel the plan and informed the same beforehand to OP No.2 and asked for the refund of the entire amount that the complainant had deposited. The complainant requested OP No.2 several times through telephonic calls to pay the unsettled amount, but OP No.2 had always been delaying the same on one pretext or the other. The complainant sent a legal notice to the OPs (Annexure C-7). Hence, is the present consumer complaint.
2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite following proper procedure, therefore they were proceeded ex-parte on 07.03.2023.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case.
5.     On perusal of the complaint, it is observed that the main grievance of the complainant is that money paid to the OPs towards package of Dubai was not refunded, after advance cancellation of tour due to some personal reasons and global pandemic.
6.     On perusal of complaint Annexure C-1, it is observed that the complainant paid an amount of Rs.2,40,000/- to the OPs towards package of Dubai. On perusal of Annexure C-2, it is observed that the OPs have failed to refund the hard earned money paid by the complainant inspite of advance cancellation of tour due to Pendamic.
7.     Significantly, OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.     Though the complainant claims having paid Rs.2,40,000/- in the complaint, but in the correspondence Annexure C-2, the complaint have correspondence with OPs having paid Rs.1,55,000+Rs.75,000=2,30,000/- only, hence, we can only issue direction for refund of Rs.2,30,000/-.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹2,30,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹7,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹7,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
08/05/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member