The Complainant’s case is that he booked a tour package for Rs. 61,200/- with the Travel Agency through the Travel Portal. After paying an advance of Rs. 20,000/-, to the Travel Agency, through the Travel Portal, he did not receive the hotel vouchers and other documents. His advance of Rs.
20,000/- was not refunded. Correspondence made with the Travel Agency and the Travel Portal went unacknowledged and unanswered. He had, then, to make alternative arrangements.
The Complainant filed Consumer Complaint No. 657 of 2018 before the District Forum. The District Forum vide its Order dated 23.07.2019 allowed the Complaint.
The Travel Portal filed Appeal under Section 15 of the Act before the State Commission. The State Commission vide its Order dated 30.09.2019 dismissed the Appeal.
The Award made by the District Forum, and as upheld by the State Commission, is as below:
In the circumstances, as discussed above, we are of the considered view that the OPs not only remained deficient in providing proper service to the complainant, but also indulged into unfair trade practice and thus, forced the complainant to indulge in avoidable litigation. Therefore, the present complaint is allowed against OPs No.1 & 2 with following directions:-
a) Opposite Party NO.1 shall refund an amount of Rs.20,000/- to the complainant;
b) OPs NO.1 & 2 jointly & severally pay an amount of Rs.10,000/- to the complainant for causing mental agony & harassment due to their deficient act coupled with unfair trade practice, along with Rs.7000/-towards litigation expenses.
This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the OPs shall also be liable to pay additional compensatory cost of Rs.10,000/- apart from the above relief.
Hello Travel filed a Revision petition (45 of 2020) in the National Commission which, after hearing the parties and perusing the orders of District Commission and State Commission, observed as follows:
The Revision Petition, being patently ill-conceived and totally bereft of merit, is dismissed with stern advice of caution to the Travel Portal, through its Chief Executive, with imposition of cost of Rs. 1,00,000/-, to be deposited in the Consumer Legal Aid Account of the District Forum, within four weeks of the pronouncement of this Order.
The State Commission’s impugned Order is upheld.
The Award made by the District Forum is confirmed.
C.C. No. 657 of 2018 The District Consumer Disputes Redressal Forum-II, U.T. of Chandigarh.
F.A. No. 210 of 2019 in the State Consumer Disputes Redressal Commission, U.T. of Chandigarh,