BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 255/2015     Filed on 11/06/2015 

                                           Dated: 15..07..2016

Complainant:

V.P. Jain, Sopanam, TC.50/633 (4), HSRA E40(1), Kalady, Karamana, Thiruvananthapuram – 695 002.

                    (Party in person)

Opposite party:

Vacations Gateway, C 56/5, 1^st Floor Mantec Building, Noida Sector-62, Uttar Pradesh – 201301.

This C.C having been heard on 30..11..2015, the Forum on 15..07..2016  delivered the following:

ORDER

SMT. LIJU B. NAIR, MEMBER:

          Complainant’s case is that his family comprising of wife, daughter and son usually go on a vacation every year. On 22/9/2014 an unexpected call from the customer service desk of M/s. Vacations Gateway (An ISO 9001: 2008 Certified tour operator company based at Noida, Uttar Pradesh, with a Service Tax Registration No. VHTPS0071BSD001) offered a promotional holiday package of 4 nights and 5 days at the cost of INR 7799.00 (inclusive of all taxes). An additional assured gift of either: a) Digital Camera, b) HCL Tablet or c) Blackberry phone was also offered, on payment made on 22/9/2014 itself. The agreement offered 4N/5D, 2 Deluxe Rooms accommodation for four members in their 600 + listed 3 – 5 star properties in India, Thailand and Malaysia. Added attraction was the facility to split the package for 2 N/3D on one destination and the rest 2 N/3D on another destination. All booking request were to be made 21 days in advance. The voucher was valid upto 21/9/2015. Trip to Himachal Pradesh from 23/5/2015 to 27/5/2015 (3D/2N stay at Sterling Resorts, Manali and 2D/2N stay at Hotel Clouds End Villa, Dharamsala or the reverse) was confirmed on 13/1/2015. The duly filled original booking voucher request form, the Xerox copy of Aadhaar card and the invoice were dispatched through DTDC Couriers. Though reservations at Hotel Chandertal, Manali and Hotel Pink, Dalhousie was confirmed on 23/04/2015, the firm failed to provide any confirmation vouchers. The torrid heat, indefinite strike by taxi drivers at Manali and the remoteness of Hotel Chandertal made their travel exhaustive. The blunt denial of their confirmed stay by the hotel authorities added to their trauma. Repeated attempts to contact the company or Sri Aashish-9736970033, the contact person deployed, did not bear results. While vacating, the hotel Manager demanded rent for two nights stay. The officials at Vacations Gateway Office informed us to settle the bill and to later claim a refund. A nexus between the tour operator and the hotel management was at work. So complainant was adamant to register a complaint at Manali Police Station and settle the issue in front of the government authorities. He was physically abused and humiliated before he reached the Police Station. The Civil Police Officer advised him to settle the amount and to file a complaint at complainant’s local police station (Karamana, Kerala). The whole process lacked transparency, but paid Rs. 6,000/- to the hotel Manager in front of the Police Authorities. At Dalhousie, too there was no Hotel Pink. The entire tour experience with M/s Vacations Gateway bore instances of cheating, extreme tension, shock, humiliation and torture for his whole family. It also drained their hard earned money, peace, health, time and pride. As an individual, complainant also had to face the uncertainty regarding safety of his wife and kids during the 10 day trip. Hence this complaint.

          2. Notice was issued to the opposite party, but they failed to appear. So we proceeded exparte.

          3. Points raised:

          (i) Whether the allegation against the opposite party is proved?

          (ii) If so, reliefs and costs, if any?

          4. Points (i) & (ii):  Complainant filed affidavit with 5 documents which were marked as Exts. P1 to P5. This is a case alleging deficiency in service from the part of opposite party in not fulfilling the promises given for conducting holiday package. Since there is no evidence before us to contradict the averments in the complaint, we are allowing the complaint. For the loss of comfort, physical and mental agony suffered by the complainant due to the irresponsible attitude of the opposite party, we order a compensation of Rs. 20,000/- . Considering the facts and circumstances of the case, no order on cost.

          In the result, complaint is allowed. Opposite party is directed to pay the complainant Rs. 20,000/- within two months of receipt of this order, failing which complainant is eligible to get interest @ 9% per annum till the date of realisation from the date of default. No order on cost      

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of July, 2016.    

                   Sd/- LIJU B. NAIR :         MEMBER

Sd/- P. SUDHIR             :         PRESIDENT

Ad                         sd/-R. SATHI                   :         MEMBER

    C.C.No: 255/2015

APPENDIX

   I.  Complainant’s witness        :         N I L

 II.  Complainant’s documents:

P1      :  Copy of the G mail letter to Vacations Gateway dated 22/10/2014

P2      :  Copy of invoice bill of Vacation Gateway dated 23/09/2014

P3      :  Copy of the voucher code request form dated 13/11/2015

P4      :  Copy of the Customer Service Desk dated 23/04/2015

P5      :  Copy of the letter to V.P. Jain dated 11/05/2015 from Vacations Gateway

III. Opposite party’s witness                :         N I L

 IV. Opposite party’s documents          :         N I L

Sd/- PRESIDENT

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