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2021 Supreme(Online)(Guj) 452

GUJARAT STATE CONSUMER DIS-PUTES REDRESSAL COMMISSION, AHMEDABAD
V. P. Patel (President)
Prabhav Travel and Holidays Tours v. Bakulbhai Shantilal Sata
Consumer Case No. 167 of 2016 | Appeal No. 158 of 2021



Advocates:
For the Appellants/Petitioners: Mr. Anand Parikh
For the Respondents: Y.G. Dev

Court underscores the importance of adhering to consumer protection standards, dismissing appeals lacking significant legal issues.

Headnote:The Consumer Protection Act, 1986 was invoked in this case (S.15). The appellant, aggrieved by the refusal to refund for service deficiencies, claimed Rs.19,800 for breach of contract. The court found no basis to alter the District Commission's order, concluding the commission's assessment and award to the complainant was legally sound. The key issues were compensation entitlement and service standards. The court affirmed the dismissal of the appeal, asserting no substantial legal questions were raised.

Table of Content
1. appellant files for refund due to service deficiencies. (Para 1 , 2)
2. district commission ordered compensation based on service failures. (Para 3 , 4)
3. appellant argues the district commission's process was flawed. (Para 5)
4. court discusses legal standards for consumer service. (Para 6 , 7 , 8)
5. final decision supports district commission's ruling. (Para 9)

1. The appellant (Original Complainant) has filed this appeal under S.15 of the Consumer Protection Act, 1986 (herein referred as "The CP Act"), being aggrieved and dissatisfied with the Judgment and order dated 8.3.2019 passed by the Consumer Dispute Redressal Commission Rajkot (Main) (for short 'learned District Commission') in Consumer Case No. 167 of 2016.
1.1. Heard learned Advocate Mr. Anand Parikh appears for learned Advocate Y.G. Dev for the appellant.

2. Facts of the of the Complainant:
The Complainant Bakulbhai Shantilal Sata and his three friends have decided to visit abroad. Therefore, contacted opponent and finalized to go Thailand with Phuket and entire program has been arranged to go through flight from Ahmedabad to Bangkok. As per Package it was decided to stay three nights at Phuket and two nights at Pattaya and transportation, ticket of flight, stay in the hotel, refreshment etc. were included in the said package.
2.1. That the complainant has paid Rs.1,00,000 + Rs.52,000 at the time of booking and duration of tour program was fixed from 9.9.2015 to 15.9.2015. The opponent has further demanded Rs.16,000 which was separately paid by the complainant. Then after the complainant has demanded ticket, hotel voucher, booking papers etc. from the opponent but it was informed by the opponent that process was in progress and before departure all the papers and vouchers will be handed over to the complainant. Though the complainant had frequently contacted office of the opponent but ticket and vouchers were not handed over by the opponent. Thereafter, the complainant had received email on 8.9.2015 from the opponent by which confirmation voucher and ticket from Rajkot to Bangkok via Mumbai return were received by the complainant. As per the say of the complainant the details of package received on email was not as per the package fixed by the complainant. Therefore, He contacted opponent but there was no positive response. It was informed that there was no any booking or not any amount has been paid to Rocket Bird Travel Bangkok. Due to deficiency of service the complainant has lodged the complaint for reimbursement of an amount.

3. Order under challenge: The District Forum has partly allowed the said complaint on 8.3.2019 and ordered the opponent to pay Rs.19,800 (Rupees Nineteen thousand eight hundred only) with 6% interest from the institution of complaint and Rs.1000 (Rupees One thousand only) for mental agony and harassment and Rs.500 (Rupees Five hundred only) as cost to the complaint.

4. Defense of the opponent : The District forum has issued notice to the opponent and he was appeared as party in person and filed written statement before the District Commission. Opponent has denied the averment made in para 5 of the complaint regarding booking voucher before three days from the date of departure was sent to the complainant on behalf of all four friends by e - mail address in which one night more state at Bangkok was included which was accepted by him.
4.1. It is stated in the reply opponent was informed to the complainant that a per the rules of group booking, the airlines issued air ticket 2-3 days before the date of commencement of journey. In spite of that the complainant caused harassment to the opponent and was also giving mental torture on telephone to the wife of the opponent by giving abuses and had also cause damage in the house of the opponent. It is stated in reply that opponents wife had lodged police complaint against the act of complainant. It is further stated that on 9.9.2015 the complainant has sent email to the opponent regard
















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