CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Appellant No. 2 in person.

Mr. Guriqbal Singh Patalia, Counsel for the Respondent. (appeared through VC)

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, (PRESIDENT)

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“The Complainant has filled the present complaint seeking relief against OP i.e. Travel Spirit International Pvt. Ltd. claiming Rs 29,000/-

1. It is the case of the Complainant that she had booked a Chardham yatra from Delhi to Chardham Le Kedarnath, Gangotri. Yamunotri and Badrinath and was scheduled back to Delhi on 02.06.2013 for 2 persons and the total amount paid was Rs. 36,900/- The OP had promised a deluxe package which included breakfast, lunch and dinner and good hotel.

2. The trip was scheduled on 15.06.2013 but was cancelled on 16.06.2013 due to floods. It is the case of the Complainant that though the OP had refunded some people who were travelling with the OP but refund has not been made to the Complainant.

3. It is stated by the Complainant that she had enquired on 14.06.2013 whether it was safe to depart and she was told that it was safe whereas at that time the other tour operators have already cancelled the tours. She was then told by the OP that the money would be refunded but the same has not been refunded till now to the Complainant.

4. OP i.e Travel Spirit International Pvt. Ltd in their written statement have stated that the complaint is liable to be dismissed being devoid of any cause of action and there is no deficiency in service on the part of the OP. OP has not denied that a booking was taken from the Complainant for 2 people for Chardham yatra at the cost of Rs.36,900/- for 10 days.

5. The money was deposited in the account of the agent M/s Mahalaxmi Tour and Travels. It is further stated that the Complainant along with the travel companion left for tour from Delhi in an Innova car arranged by OP on 15.06.2013 and reached Haridwar on the same day but when they left for the yatra on 16.06.2013 due to sudden heavy floods and natural calamity in Uttarakhand, the trip had to be cancelled. It is stated that this was an act of God which was outside human control.

6. It is stated that there is no deficiency in service by the OP as the OP had made all booking confirmed the same and even sent the Complainant till Haridwar in an Innova however, whatever happened on 16.06.2013 was not within the control of the OP. It is further stated that as per the cancellation policy of OP if the party cangels that package in less than 15 days prior to the commencement of tour then in that case the cancellation fee of 100% of the tour cost is applicable and the party is not entitled to any refund. It is stated that the said cancellation policy was duly served in writing to the Complainant at his residence at Vasant Kunj on 03.06.2013 along with other final documents.

7. It is stated by the OP that Innova was arranged for the Complainant and her companion on 15.06.2013 from Delhi which reached Haridwar on the same day and there where she had a comfortable stay and dinner. Next morning on 16.06.2013 after having breakfast the Complainant and the travel companion left for Haridwar for Barkot however, when they reached Barkot, reports of flash flood cloudburst was received and by the time the Complainant reached Haridwar, all hotels were full and there was no accommodation available even then OP arranged a hotel lobby for its clients and OP considered it their response responsibility to get them back from Haridwar to Delhi safe and sound which they did.

8. It is stated by the OP that an amount of Rs. 33,660/- was made by the OP to their agent M/s Mahalaxmi Tour and Travels Ltd. and the deposit slip is annexed as Annexure 2.

9. It is stated by the OP that refund is not possible as the OP has already paid the money to its agent who had booked the hotels as per