SYMBIOSIS LAW SCHOOL, PUNE

3rd Internal Assessment

1st year BABBA LL.B. (Batch 2018-23)

Law of Torts including MV Accident Act and Consumer Protection Laws II

Q. Draft a consumer complaint and written statement on the basis of the facts below, in the
appropriate format and using the relevant provisions of law and supporting cases.

(15 marks)

The distribution of marks shall be as follows:

1. Format & design (Structure, flow of language & expression, 3

use of appropriate terminologies, drafting skills)
2. Content of Complaint 4

3. Content of Written statement 4

4. Relevant provisions of law 2
5. Relevant Cases 2

Facts:

Mr. Sunny, a resident of Pune, works for an MNC. He recently got married to Miss Meena. On
having planned to go to Andaman for their honeymoon, Mr. Sunny enquired about the expenses
of the Andaman trip on many websites and realized that it would cost at least 1.5 lakh rupees or
above, which was out of his budget. On searching for more packages on various sites, he came
across a tourism company named Happy Travels Pvt. Ltd. which offered attractive tour packages
at desirable prices. Mr. Sunny wrote a mail to the company for requesting to book the package
on 02.03.2017.
Mr Sunny was not very sure whether the website is genuine because the packages offered by the
said company were comparatively half the price of the tour packages available on the other sites.
Mr. Sunny received confirmation mail from the representative of the tourism company
immediately on the same day, following which he contacted the representative on 03.03.2017 on
the 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. Acting on the assurance given by the representative, Mr
Sunny deposited Rs. 5000/- in the company’s account on 05.03.2017, towards advance for
booking the package. On the same day, the representative sent Mr. Sunny the one-way flight
tickets from Pune to Andaman. Next day, as per demand from the representative, Mr. Sam
deposited another sum of Rs. 30,000/- through IMPS in the company’s account, to book the
return tickets as well. Although the representative had committed to book the confirmed return
tickets on the very same day, he did not book the same. The representative then asked Mr. Sunny
to deposit the full amount of the package so that he could book hotels as well as the return flight
tickets, as the total cost of the flight tickets was Rs. 52,000/- alone and he had received only
partial payment. Mr. Sunny requ`ested the representative that he would deposit the balance
amount on arrival to Andaman. The representative explained his inability to accept the request
and asked him to pay at least the total cost of the package excluding his profit which was around
Rs, 70,000/-. On 10.03.2017, as per the instructions and demand made by the representative, Mr.
Sunny again deposited a sum of Rs. 40,000/- through IMPS in the company’s account. However,
despite repeated requests, the return tickets were not booked. The dates of the trip were decided
by the couple, and the approval of leave by Mr. Sunny’s office was subject to, inter alia,
presenting all the details of trip by Mr. Sunny via the representative on 20.03.2017.
Unfortunately, owing to the failure of the representative to confirm the bookings on time, the
leave application got rejected.

Mr. Sunny repetitively called the representative over a period of time, but the response was very
unsatisfactory. Since the leave application got rejected because of the Travel company’s
unprofessional conduct, he sent an email to the company on 30.03.2017 for cancelling the
package and refunding the money.