State Consumer Disputes Redressal Commission
Charming Yatra And Another vs Sushma And Others on 7 January, 2026
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
HARYANA
FIRST APPEAL NO. SC/6/A/322/2022
CHARMING YATRA AND ANOTHER
PRESENT ADDRESS - HARYANA,HARYANA.
.......Appellant(s)
Versus
SUSHMA AND OTHERS
PRESENT ADDRESS - HARYANA,HARYANA.
.......Respondent(s)
BEFORE:
MR. S . P . SOOD , JUDICIAL MEMBER
MR. SURESH CHANDER KAUSHIK , MEMBER
FOR THE APPELLANT:
MS. AMITA GARG, COUNSEL FOR THE APPELLANTS.
FOR THE RESPONDENT:
MR. SAURABH DALAL, COUNSEL FOR THE RESPONDENTS THROUGH VIDEO
CONFERENCING.
DATED: 07/01/2026
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 15.07.2022 Date of final hearing: 07.01.2026 Date of order: 07.01.2026 First Appeal No.322 of 2022 IN THE MATTER OF:-
1. M/s Charming Yatra, Corporate Office, Office No.7, 3rd Floor, Pankha Road, East Uttam Nagar, New Delhi-110059, Mob No. 9717729644, 9654274599.
2. Shanti Pawar, Senior Travel Exert, Charming Yatra, 110, 1st Floor, Jainia Tower, District Centre, Janak Puri, Delhi-110059.
Second Address:-
Office No. 8, 3rd Floor, Pankha Road, East Uttam Nagar, New Delhi-110059.
...Appellants Versus
1. Ms. Sushma D/o Daya Singh, R/o H. No.2026, Sector-2, Rohtak, Haryana, In-
charge of her group consisting of 11 Adult.
2. Neena D/o Sh. Daya Singh, R/o H. No.2026, Sector-2, Rohtak.
3. Surendera Singh S/o Sh. Raghubir Singh, R/o H. No. 1889, Sector-2, Rohtak.
4. Kiran Lata D/o Sh. Surendera Singh, R/o H. No. 1889, Sector-2, Rohtak.
5. Twinkle D/o Sh. Surendera Singh, R/o H. No. 1889, Sector-2, Rohtak.
6. Tushar S/o Surendera Singh, R/o H. No. 1889, Sector-2, Rohtak.
7. Veer Khatkar S/o Kulender Pal Khatkar, R/o H. No. 10C, New Quarters, Haryana Agriculture University, Hisar.
8. Meena Sewhag D/o Sh. Daya Singh, R/o H. No. 10C, New Quarters, Haryana Agriculture University, Hisar.
9. Rudra Khatkar S/o Kulender Pal Khatkar, R/o H. No. 10C, New Quarters, Haryana Agriculture University, Hisar.
10. Naina D/o Surender Dhariwal, R/o H. No. 2026, Sector-2, Rohtak.
11. Siya D/o Sh. Surender Dhariwal, R/o H. No. 2026, Sector-2, Rohtak.
.....Respondents
CORAM: SH. S.P. SOOD, JUDICIAL MEMBER
SH. S.C. KAUSHIK, MEMBER
Present:- Ms. Amita Garg, counsel for the appellants.
Mr. Saurabh Dalal, counsel for the respondents through video conferencing.
ORDER PER: S.P. SOOD, JUDICIAL MEMBER:-
Delay of 60 days in filing of present appeal stands condoned for the reasons mentioned in application seeking condonation of delay.
2. In present appeal No.322 of 2022; legality of order dated 01.02.2022 passed by learned District Consumer Disputes Redressal Commission, Rohtak (In short "District Consumer Commission") in complaint case No.712 of 2019 has been assailed; vide which complainants' complaint has been allowed.
3. On 21.09.2019, complainants booked a tour package for Andaman & Nicobar known as Andaman Package for her group consisting of 11 Adults for 5 nights and 6 days @ Rs.31,000/- per person with flight and paid Rs.10,000/- paid in cash to OP No.2. OP gave the Itinerary of tour package on the same day and the tentative date of departure was given end of November 2019. As per the advance payment policy of OP, complainant has to pay the amount according to schedule.
Complainant made the payment of Rs.3,18,000/- to OPs on different dates before departure and Rs.50,000/- on 24.11.2019 at Port Blair through First Light Tour & Travels. On 03.10.2019, OPs booked the hotels namely Hotel Silver Spring Port Blair for the period 24.11.2019 to 26.11.2019 and Hotel Havelock Island for the period 26.11.2019 to 27.11.2019. On 18.10.2019, after receiving the amount of Rs.2,35,000/-, they changed the itinerary by their own without consent of complainant and also downgraded the Hotel standard beside this they also postponed the date of departure from 21st November to 24th November and rates were escalated from Rs.31,000/- to Rs.33,500/- per person. On 20.10.2019, complainant requested OPs to cancel the tour and refund the money paid by them but the same was flatly refused by OPs. OPs also transferred the Tour package from Charming Yatra to so-called First Light Tour & Travels. The First Light Tour & Travels hopelessly failed to provide the facilities as promised by Charming Yatra in their first itinerary. OPs have adopted illegal trade practice just to earn wrongful gain to them and loss to complainant. At the time of stay at Hotel Pearl Marina on 24th, 25th and 28th November 2019, complainant and her group faced many problems. To apprise about the above said inconveniences and misdeeds complainant made umpteen calls and also made complaints through whatsapp to the OP No.2 but neither she picked the calls, nor replied satisfactorily. The act of OPs amounts to unfair trade practice and deficiency in their service.
4. Upon notice, OPs raised its contest and submitted that complainant has not made payment as per payment policy. Complainant failed to pay Rs.1,07,415/- i.e. 30% advance, which was to be paid by the customer at the time of booking not within 30 days. Complainant paid Rs.10,000/- on 21.09.2019 on behalf of 11 adults with flight package, which is not possible for OPs to book 11 flight tickets for both sides. Because of only this reason the Hotels which were mentioned in itinerary were not booked till the day when complainant paid next installment and the fare charges of flights were increased similarly. Complainant herself made a telephonic call on 02.10.2019 and requested to prepone the date of departure from 21.11.2019 to 19.11.2019 and on next day she once again called OP No.2 and again requested to postpone for 20.11.2019 instead on 19.11.2019 and thereafter complainant requested OPs to provide land package without flight. OPs provided the itinerary for land package @ Rs.12,000/- per person. Even after that complainant kept OPs in doubt, whether she want to book the package or not. Thereafter, one other fellow namely Ms. Kiran contacted OPs and requested for complete package including flight with new schedule i.e. 24th November 2019 and due to these frequent changes, the flight fares increased. As per policy of OPs, if any increase took place due to change of schedule then the customer has to pay the increased charges and accordingly the charges per person were increased from Rs.31,000/- to Rs.33,500/- including flight with final hotel, which were available on that time after confirmation from the complainant. In fact it was the complainant who kept on rescheduling the tour package herself. Lastly she engaged other team members to finalize the tour package and after confirmation from the team members and complainant herself, the OPs finalized the other hotels as the Itinerary given at the time of booking were full on the dates of their tour. Complainant herself compelled OPs for rescheduling the tour package as per her own convenience. The increase in package price and change of Hotels was the result of non-finalization of dates by complainant. No loss is caused to the complainant rather she enjoyed the tour and now she wants to grab the huge amount by misusing the process of law.
5. Parties led their respective evidence. On analyzing the same; learned District Consumer Commission, Rohtak has allowed complaint vide impugned order dated 01.02.2022 and directed OP to refund the amount paid by the complainant to OPs on account of package cost i.e. Rs.3,58,000/- along with interest @ 9% p.a. from the date of filing the complaint i.e. 20.12.2019 till its realization and also to pay Rs.20,000 for compensation on account of deficiency in service and Rs.5,000/- towards litigation expenses to complainant within one month from the date of decision.
6. Feeling aggrieved; OPs have filed this appeal.
7. We have heard learned counsel for the parties at length. With their able assistance; record too has been perused.
8. Learned counsel for appellant has urged that the change in final price of the package from Rs.31,000/- to Rs.35,000/- and hotels booking occurred due to delay and frequent changes the date of departure as well as nature of package by respondent No. 1 and because of this reason the fares increased at the time of final booking. As per policy of the appellants, in case there is any increase in the fare due to customers, they are liable to pay such increased fare amount. Appellants has not changed the date of departure on their own.
9. Learned counsel for complainants/respondents has contended that impugned order dated 01.02.2022 passed by learned District Consumer Commission does not warrant any interference. All facts have been dealt with by learned District Consumer Commission in proper legal perspective.
10. Admittedly, respondent No. 1 booked a tour package with appellants for Andaman & Nicobar for her group consisting of 11 Adults for 5 nights and 6 days @ Rs.31,000/- per person with flight on 21.09.2019. A perusal of the whatsapp chatting between the parties, it is clear that hotels as shown in the itinerary were not provided, there was no cleanliness in the hotels, vehicle and food as promised were not provided by appellants. In wake of above discussions, this Commission has arrived at an inescapable conclusion that no fallacy, legal or factual has been committed by the learned District Consumer Commission while passing impugned order dated 01.02.2022. Order dated 01.02.2022 passed by learned District Consumer Commission is maintained and upheld. Present appeal is hereby dismissed being devoid of merit.
11. Statutory amount of Rs.25,000/- deposited by appellants at the time of filing of this appeal be refunded to appellants, after due identification and verification as per rules.
12. Application(s) pending, if any stand disposed of in terms of the aforesaid judgment.
13. A copy of this judgment be provided to the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.
14. File be consigned to record room.
07th January, 2026 S.C. Kaushik S.P. Sood
Member Judicial Member
Addl. Bench Addl. Bench
D.K.
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S . P . SOOD
JUDICIAL MEMBER
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SURESH CHANDER KAUSHIK
MEMBER