INTERNAL ASSESMENT III

LAW OF TORTS
DRAFTING OF CONSUMER COMPLAINT AND WRITTEN STATEMENT

Submitted by:

NAME: AAKASH BATRA

PRN: 18010125355

COURSE: B.A LL.B (HONS.) FIRST YEAR

DIVISION: D
BEFORE THE HON’BLE DISTRICT CONSUMER REDRESSAL FORUM
PUNE, AT PUNE.

CC. --/---/2017

Mr. Sunny,
VMN Nagar, Pune- 411014 Complainant
(for himself and on behalf of the complainant)

v.

M/s. Happy Travels Pvt. Ltd.

XXX , City- YYYYYY
(represented through its MD – Mr. XYZ) Opponent

SUBMISSION

1). The Complainant is a resident of Pune, Maharashtra and is working in a Multinational

Company registered under Indian Companies Act 1956, having its registered office at the above
captioned address.

2). The Opponent is a tourism Company named Happy Travels Pvt. Ltd. registered under Indian
Companies Act 1956, having their registered office at the above captioned address.

3). The Complainant, in this particular matter was looking for honeymoon package to Andaman
at a reasonable price when he found the package provided by the opponent at almost half the
amount. The complainant was baffled but on confirmation by the representative of the Opponent,
the complainant deposited a total sum of Rs.75,000 /- in the account of the Opponent in
instalments. Due to the apparent failure of the representative to confirm the bookings on time and
attend to the complaints of the complainant properly, the leave application of the complainant to
his office was rejected as the documents of confirmation were incomplete. Copy of the mails is
annexed herewith and marked C-1.

4). The Complainant wrote a mail to the Opponent Company on [02.03.2017] showing his desire
to book a package for which he received a confirmation by the representative of the Opponent
Company on the very same day. On [03.03.2017] he called the Opponent’s representative on
phone number provided on the website. The representative described details about their itinerary
and ensured him that the package includes flight charges, food, sightseeing, accommodation and
ferry charges which would cost Rs. 80,000/- in total for two people. He also informed him that
the package would be subject to the availability of the flight tickets and accommodation on the
particular date.

5). The Complainant on [05.03.2017] paid the sum of Rs. 5000/- in the Opponent’s account as
advance payment to confirm the booking from his side. On the same day, the representative sent
the Complainant one-way flight tickets from Pune to Andaman. On [06.03.2017], the
Complainant further deposited the sum of Rs.30,000/- in the Opponent’s account through IMPS
for the booking of flight tickets. The opponent failed to book these tickets even after repeated
requests. On [10.03.2017], on demand of the representative of the Opponent, Complainant
deposited a sum of Rs.40,000/- through IMPS in the Opponent’s account for the booking of
hotels and flight tickets. Despite repeated requests, the return tickets were not booked. Copy of
receipts is annexed herewith and marked C-2.

6).The approval of leave by the Complainant’s Office was subject to the presentation of all the
details by the Complainant via the Opponent’s representative on [20.03.2017] which he failed to
get. Owing to the failure of the Opponent to confirm the bookings on time the leave application
of the Complainant got rejected. The Opponent also failed to respond to the Complainant’s
repetitive calls which shows negligent behaviour. On [30.03.2017] the Complainant mailed the
Opponent for the cancellation of package and refund of money. Copy of the mail is annexed
herewith and marked C-3.

BRIEF CHRONOLOGY of the monetary transactions between the Complainant and the
Opponent Company for the booking of package till the rejection of Leave application by the
Complainant’s Company.

Sr. Date Brief Narration of the Monetary transaction between the

No. Complainant and Opponent.
1. 02/03/2017 The Complainant wrote a mail to the Opponent Company to confirm
about the booking of a travel package. The confirmation mail by the
Opponent Company’s representative was received by the Complainant
on the same day.
2. 03/03/2017 The Complainant called the Opponent’s representative on the number
provided on the website.
3. 05/03/2017 The Complainant deposited Rs.5000/- in the Opponent’s account as an
advance towards the booking of package. Following which the
representative sent the Complainant flight tickets from Pune to
Andaman.
4. 06/03/2017 Complainant deposited another sum of Rs. 30,000/- through IMPS in
Opponent’s account to book the return tickets.
5. 10/03/2017 As per confirmation given by the Opponent’s representative, the
Complainant deposited Rs. 40,000/- in the account of the Opponent for
the booking of return tickets, accommodation etc.
6. 20/03/2017 The Complainant had to submit the details via the representative of his
visit to get the approval of leave from his company. The failure on the
part of Opponent’s representative to book the tickets led to the rejection
 of the Complainant’s leave application.
7. 30/03/2017 The Complainant wrote a mail to the Opponent for the cancellation of
package and refunding the money.

7).The rejection of the leave application due to the negligent attitude of the Opponent’s
representative caused severe inconvenience to both the Complainant and his wife. They had to
cancel their plans and reschedule everything. This behaviour of the opponent is totally
unjustifiable and unprofessional

8). The Complainant also suffered financial loss. The entire trip was to be cancelled because the
Complainant was denied the leave because he failed to submit all the documents of his travel
which were absolutely necessary for the approval of leave. The tickets which were already
booked further added to more financial loss as they were completely useless now . The opponent
clearly failed to perform their part of duty and also acted negligently and irresponsible.

9). The Complainant had put in a great deal of time and exertion in discovering, arranging and
executing a movement bundle for himself and his better half yet the entirety of his endeavors
were futile as he needed to drop his bundle toward the end because of the gross carelessness with
respect to the Opponent. He likewise squandered a great deal of time.

10). The claimant suffered mental stress as well as he spent a lot of time and effort in making out
this long awaited plan of his. All these efforts seem to go in vain as the trip was cancelled which
also made him suffer emotionally.

11). Adding to it was the loss of reputation as suffered by the Complainant because his failing to
submit the documents on time portrayed unprofessional attitude on his part. He also suffered this
loss as he had an image and professional conduct to maintain in his position in the company.
12). In the above narrated context and events in relation to the subject matter of the failure on
part of the Opponent Company’s representative in the performance of his duties in the execution
of the sale of the travel package, the complainant is convinced that subject matter consumer
disputed is apt to be redressed by this Hon’ble District Consumer Redressal Forum, on the
following grounds;

i). The subject matter service provided by the Opponent is totally unprofessional and not upto the
mark.

ii). The Complainant is a consumer, as per the relevant provisions – Consumer Protection Act-
1986 (as amended).

iii). The Complainant purchased the said package for his personal use.

iv). The Complainant had patiently given sufficient time to the Opponents to make the bookings
and had also made the payments on time and also gave repeated reminders for the execution of it
as well. However the Opponent failed to perform his part of the job despite all conditions being
already fulfilled on the Complainant’s part.

v). Apart from the above mentioned inconvenience caused by the Opponent, the incidents
sufficiently prove that the Opponents have grossly wronged the Complainant by unfair trade
practices.

13). Whereas, this Hon’ble forum has appropriate jurisdiction to try and dispose of the present
dispute.

14). The Complainant is resident of Pune and has filed requisite court fee.
 PRAYER

15). The Complainant, therefore, prays to this Hon’ble;

a). The Opponent, be ordered to refund to the Complainant the entire consideration of
Rs.75,000/- (Rupees Seventy Five Thousand only).

b). The Opponent be, ordered to pay interest @ 12% pa, from the date of said payment was
made to the Opponent by the Complainant.

c). The Opponent be, ordered to pay Rs. 2,000/- (Rupees One Thousand Only) to the
Complainant on account of legal cost and other related expenses.

d). The Opponent further, be ordered to pay to the Complainant Rs. 100,000/- (Rupees One
Lakh) on account of the mental agony and stress

e). Any other order, this Hon’ble Court maybe pleased to pass, in the interest of justice, equity
and good conscience.

The Complainant

Mr. Sunny,

VMN Nagar, Pune- 411014

 VERIFICATION

I, XYZ, as duly authorized representative (ref. BR. Dtd.05/04/2017) of the Complainant and for
myself, due hereby state and declare on solemn affirmation that, whatever has been mentioned
from Para No.01 to Para No.06 are true and correct to the best of my knowledge and whatever in
Para Nos.13 &14 are based on the information I have the same I believe to be true

Solemnly declared at Pune

This Fifth day of April 2017

Identified by me

Deponent

Mr. XYZ
(for himself and on behalf of the complainant)

Before me

Advocate for the Petitioner

Aakash Batra
Consumer Protection Act,1986

Section 2 – Definitions

Section 11 - Jurisdiction of the District Forum

Section 12 - Manner in which complaint shall be made

Section 14 - Finding of the District Forum

WRITTEN STATEMENT ON BEHALF OF RESPONDENTS TO THE

COMPLAINT OF THE COMPLAINANT

Preliminary Objections

GROUNDLESS AND UNSUSTAINABLE COMPLAINT BY COMPLAINANT

1).That the present complaint is wholly misconceived, groundless and unsustainable in law and
is liable to be dismissed as such. The services provided were at per with the terms of the travel
package.

The rescission of contract cannot take place if the party entitled to rescind affirms the contract.
The essentialities for rescission is that either misrepresentation, undue influence, duress and
unconscionability or is non-disclosure in relation to contracts of insurance and a contract can be
terminated if a breach of it has happened. In this way, in the present case the agreement between
the restriction and the complainant can't be cancelled or ended as no break or carelessness has
occurred. Moreover, the case by complainant is baseless and unsustainable.

2). Opposition is not liable to refund the said amount as it is contended that the complaint made
against the Opposition is unsustainable as it is completely groundless. The services provided by
the Opposition were within the terms agreed by the Complainant while making the initial
acceptance. The agreement and the essentials of the contract included a package of Rs. 80,000 to
Andaman for two people which included flight charges, food, sightseeing, accommodation and
ferry charges. The same was yet to be implemented by the company and hence, the complainant
cannot withdraw from the agreement.

3. The services provided by the respondent were at par given the conditions at that time. The
present complaint is baseless and flagrant abuse of process of law to harass and blackmail the
answering respondent. The fact that they had to cancel their flight and reschedule everything is
due to the absence of leave granted by Complainant’s office which has no relation as to the
effectiveness of the services provided by the company. Also, the present deal is not time barred
and is silent upon dates of coming into effect.

THE PRESENT COMPLAINT SHOULD BE DISMISSED UNDER SECTION 26 OF THE ACT.

4). The second case raised by the complainant was that this whole procedure caused them
financial loss as the flight tickets were at that point booked by the Opposition and because of
their carelessness there was a need to drop the whole bundle. As a compelling answer from the
side of the restriction it very well may be said that, the resistance was halfway in playing out the
agreement before which the complainant has requested the withdrawal of the current contract.
The Opposition still has sufficient energy to play out the agreement and it stands unjustified with
respect to the complainant to send an email to the organization for dropping the booking and
discounting the sum.

5). That the present complaint is frivolous and should be dismissed under Section 26 of the Act. 1
If proved under the same, the court could dismiss the complaint and make an order that the
complainant shall pay to the opposite party such cost as specified. For this reason, holding that
the complaint lacked seriousness and was filed without sufficient grounds, the Commission
imposed a fine under section 26 of the Act in one of the respective cases.2 Therefore, the present
case falls under the ambit of section 26 and hence, the complainant should pay the sum as and
according to the court orders.

1
Sec. 26, consumer protection act
2
Sapient Corporation Employees Provident Fund Trust v HDFC & Ors.
 PRAYER

The Opposition, therefore, prays to this Hon’ble Court;

a) The Complainant should be liable under Section 26 of The Consumer Protection Act to pay a
reasonable sum to the Opposition for frivolously filing the complaint.

b) The Complainants should not be allowed to revoke the contract in pretence of stating
negligence on the part of the Opposition

c) Any other order, this Hon’ble Court maybe pleased to pass, in the interest of justice.

On Merits:

In these paragraphs’ respondent must reply each and every allegation made and contention raised
by the complainant, factual and legal as well. In case one has already made good the defect or
deficiency, elucidate steps taken. One may have, inter alia, following goods defences as well.

1). That the present complaint is filed frivolously and the complainant should be lieable under
section 26 of the consumer protection act.

2).The allegations of defect/default/negligence and/or deficiency in service are wholly

misconceived, groundless, false, untenable in law besides being extraneous and irrelevant having
regard to the facts and circumstances of the matter under reference.

Prayer clause with all the submissions made therein is absolutely wrong and is emphatically
denied. Complainant is not entitled to any relief whatsoever and is not entitled Model Form
costs.

M/s. Happy Travels Pvt. Ltd.

XXX, City YYY
(represented through its Managing Director -Mr. Z)
(Opponent)
 Verification

I Mrs. Z ,the above named respondent do hereby verify that the contents of paras 1 to 5 of the
written statement on merits are true and correct to my knowledge. While paras 1 to 5 of
preliminary objections and 1 to 2 of reply on merits are true to my information, belief and legal
advice received by me and believed to be true while the last para is prayer to this Hon’ble Court.

Solemnly declared at Pune

This Sixth day of April 2017

Identified by me

Deponent

Mr. Z
(Opposite party)

Before me

Advocate for the Respondent

Adv. Aakash Batra