Haryana

Kaithal

177/21

Virender Kumar - Complainant(s)

Versus

Shan World Travels - Opp.Party(s)

Sh.Prem Kuamr

10 Oct 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                 Complaint Case No.177/2021.

                                                 Date of institution: 30.07.2021.

                                                 Date of decision:10.10.2022.

Virender Kumar Mehta aged 55 years son of Sh. Kartar Chand r/o House No.140, Sector-19, Part-1, HUDA, Kaithal.

                                                                        …Complainant.

                        Versus

1. Shan World Travels 202 Nirmal Tower, 26-Barakhamba Road, New Delhi-110001 through its Proprietor/Partner/Director.
2. M/s. Shailendra M. Mishra, Director-Operation, Shan World Travels 202 Nirmal Tower, 26-Barakhamba Road, New Delhi-110001.

….Respondents.

Complaint under Section 35 of the Consumer Protection Act, 2019.

 

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. RAJBIR SINGH, MEMBER.

 

Present:     Sh. Prem Kumar Chhabra, Advocate, for the complainant.   

                Respondents exparte.

               

ORDER

DR. NEELIMA SHANGLA, PRESIDENT

        Virender Kumar-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondents.  

                    In nutshell, the facts of present case are that the complainant took a package from the respondents for Singapore Country in Asia w.e.f. 26.06.2020 to 30.06.2020 with his wife Harisha Mehta.  It is alleged that the complainant deposited an amount of Rs.70,000/- in the account of Shan World Travels bearing No.034305002655, ICICI Bank, Branch Connaught-II, New Delhi, IFSC Code ICIC0000343 through the complainant account No.05251000020522  It is further alleged that due to Covid-19 conference was cancelled in the month of March, 2020 and all international flights had also been cancelled.  The complainant informed the respondents within time for cancellation of tour package and the respondents assured the complainant that all tour package has been cancelled due to Covid-19 and his amount will be refunded and credited in his bank account soon.  It is further alleged that the complainant requested the respondents several times to refund the above-said amount but the respondents did not do so.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.   

2.             Upon notice, initially the respondents appeared through counsel but despite availing several opportunities, the respondents did not file the written statement and ultimately, vide order dt. 27.05.2022 of this commission, the defence of respondents was struck off and they were also proceeded against exparte.   

3.             The complainant tendered in evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C6 and thereafter, closed the evidence.     

4.             We have heard the learned counsel for complainant and perused the case file carefully and minutely.

5.             Sh. Prem Kumar Chhabra, Adv. alongwith Sh. Virender Kumar-complainant in person have stated that the complainant took a package from the respondents for Singapore Country in Asia w.e.f. 26.06.2020 to 30.06.2020 with his wife Harisha Mehta.  It has been argued that the complainant deposited an amount of Rs.70,000/- in the account of Shan World Travels bearing No.034305002655, ICICI Bank, Branch Connaught-II, New Delhi, IFSC Code ICIC0000343 through the complainant account No.05251000020522  It is has been further argued that due to Covid-19 conference was cancelled in the month of March, 2020 and all international flights had also been cancelled.  The complainant informed the respondents within time for cancellation of tour package and the respondents assured the complainant that all tour package has been cancelled due to Covid-19 and his amount will be refunded and credited in his bank account soon.  It has been further argued that the complainant requested the respondents several times to refund the above-said amount but the respondents did not refund the said amount to the complainant.  Sh. Prem Kumar Chhabra, Adv. has stated that in three other connected cases, respondents have paid the amount to the complainant while in the present case, respondents have not paid even a single penny to the complainant-Sh. Virender Kumar Mehta. 

6.             Respondents are proceeded against exparte since long.  Respondents have not appeared in the court to rebut the claim of complainant-Virender Kumar Mehta while in other three connected cases, respondents have paid the amount to those complainants.  Evidence is also adduced by Sh. Virender Kumar through documents Annexure-C1 to Annexure-C6.  The case of complainant has remained unrebutted as respondents have not appeared in the court.

7.             Since the claim of complainant has remained unrebutted and has been proved through oral as-well-as cogent documentary evidence adduced by the complainant which has been perused by us.

8.             Thus, in view of the aforesaid discussion, the complaint of complainant is hereby accepted exparte with cost.  The respondents jointly and severally shall pay the amount of Rs.70,000/- alongwith interest @ 6% p.a. from the date of filing the present complaint till its realization within 45 days from today.  The cost is assessed as Rs.11,000/- which will be paid by the respondents to the complainant.         

9.             In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced in open court:

Dt.:10.10.2022.    

                                                        (Dr. Neelima Shangla)

                                                        President.

 

       

(Rajbir Singh),            (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.