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Arpita
A-21-180
Page 1 of 7
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD
Appeal NO. 21/180
Prabhav Travel And Holidays Tours .
Through : Properitor
Mr. Ameshbhai Harishbhai Daftary,
109, Staer Plaza, Phulchab Chowk,
Rajkot.
…Appellant (Orig. Opponent)
V/s.
Sagarbhai Girishbhai Vyas,
Residing at : 5-Radhakrishna Society,
Opp. Kidney Hospital University Road,
Rajkot.
…Respondent (Orig. Complainant)
Coram :
Hon'ble Mr. Justice V. P. Patel, President
Appearance : Mr. Anand Parikh for Y.G.Dev, Advocate for the Appellant.
Order :
[By Hon'ble Mr. Justice V. P. Patel, President]
1. The appellant (Original Complainant) has filed this appeal under
Section 15 of the Consumer Protection Act, 1986 (herein referred as
"The CP Act"), being aggrieved and dissatisfied with the Judgment and
order dated 08.03.2019 passed by the Consumer Dispute Redressal
Commission Rajkot (Main) (for short 'learned District Commission') in
Consumer Case No. 164 of 2016.
1.1. Heard learned advocate Mr. Anand Parikh appears for ld. advocate
Y.G.Dev for the appellant.
Facts of the of the Complaint :
2. The complainant Sagarbhai Girishbhai Vyas and his three friends
have decided to visit abroad. Therefore, contacted opponent and
Details
DD
MM
YY
Date of Judgment
13 08
2021 Date of filing
09 09
2019 Duration
04 01
Arpita
A-21-180
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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
09.09.2015 to 15.09.2015. 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 08.09.2015 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 08.03.2019 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.
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A-21-180
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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 th
