BEFORE DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM (V)
(North West District)
CSC-Block, Shalimar Bagh, Delhi-110088.
Case No.904/2012
Vijay Pal Singh
S/o Sh.Sheo Raj Singh
R/o E-1/9, Budh Vihar,
Phase – I, Delhi.
……….Complainant
Versus
Mrs. Ruchi Pandey
W/o Sh. Manoj Pandey,
Director of M/s R.R.Tour & Travels
A – 30, Street No.2,
Madhu Vihar, I.P.Extension
Delhi – 11—92.
……….Respondents/OPs
Coram: SHRI RAKESH KAPOOR, PRESIDENT
DR.PREM LATA, MEMBER
ORDER
Dr. Prem Lata, Member
The facts as narrated by the complainant in the present case that the complainant allured by the advertisement given by the OP in the various papers and introduced themselves as R.R.Tour & Travels organizing holiday trips for the public at large. Complainant approached OP for organizing a tour for five days and four nights to Sri nagar, Gulmarg, Pahalgaon and Srinagar for which Rs.10,000/- given in advance vide receipts dated 13.3.2012. Complainant was informed by OP that Rs.18,054/- shall also be charged for boarding and lodging per head by Air and balance amount shall be paid at the time of boarding time. The tour was to commence from 22.4.2012 to 26.4.2012. Complainant contacted OP number of times for giving PNR number/Ticket no. and other requisite formalities in respect of the tour but the OP delayed the matter on one pretext or the other, ultimately tour was never booked for him. Complainant was to avail LTC facility from his office which lapsed and all his colleagues had availed this facility in the due process. Complainant had undergone a lot of harassment and OP also retained Rs.10,000/- with him.
In spite of legal notice served upon him on 16.6.2012, no action had been taken by OP for redressal of his grievances. Complainant approaches this forum for directing the OP to pay a sum of Rs.5 lacs being the amount of damages to the complainant.
OP never appeared after the notices were sent to them. After few adjournments OP proceeded ex-parte. Complainant filed evidence by way of affidavit on oath and his arguments were heard.
The document placed on complaint reveals that Rs.10,000/- was paid to R.R.Tour & Travels on 13.3.2012. A legal notice also served upon Ops for asking them to pay complainant for mental harassment, he has undergone which remains un replied as per the statement of complainant.
We have carefully gone through the documents and all pleadings there is no evidence that Rs.10,000/- was ever returned to the complainant. The complainant has prayed for lump sum Rs.5 lac and not given break up for such request. However in the absence of any rebuttal to the allegations we are of the opinion that complainant is entitled to get back his Rs.10,000/- (original receipt placed on the documents). We therefore direct OP to refund Rs.10,000/- alongwith compensation to the tune of Rs.15,000/- and cost of litigation Rs.5000/- to the complainant.
The above amount shall be paid by OP to the complainant within 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OP fail to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act.
Copy of the order be made available to parties free of cost as per law.
File be consigned to record room.
Announced on…………………….
(PREM LATA) (RAKESH KAPOOR)
MEMBER PRESIDENT