- Engaged in Unfair Trade Practices and Deficiency in Services ^Closed

Parth Singh filed this complaint against Thrillophilia on Jan 14, 2022

Dear Sir/Ma'am,

This is with regards to the two bookings I have made on Thrillophilia. Booking ID BKDJBDFZVXN and Booking ID BKDS**SOUSO, by name of Mr. Parth, payment made via credit card American Express online at New Delhi on **th December and **th December, **** accordingly. There have been several discrepancies, unfair trade contracts and unfair trade practices while booking the same services. Despite several telephonic conversations, there has been no solution to the issue I have faced in the duration of the same activity.

As per the Consumer Protection Act, ****; Section *, Sub-clause

(**) "unfair contract" means a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such terms which cause significant change in the rights of such consumer, including the following, namely:—

(vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage;

and,

(**) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices.

According to the following problem with the Booking ID:

*. Scuba Diving In Dubai was booked for approximately * people at a cost of approximately Rs. **, *** + Rs. **, *** = Rs. **, ***.

*. When making a reservation, the thrilophilia website as stated on the link https://www.thrillophilia.com/tours/scuba-diving-dubai that the scuba dive activity will be ** feet deep.

*. Taking this into consideration, we booked the activity and traveled to Dubai from India via New Delhi.

*. We received the booking confirmation via email at s***********@gmail.com, and we were also helped/assisted by the Whatsapp number +** ***** *****.

*. At **:** P.M. on December **, ****, one of Representative named - Nikhilesh via +** ***** ***** got in touch with me via Whatsapp chatting and shared the details of Scuba Diving. We checked and audited the plan after receiving the thrillophilia website's hyperlink, because Thrillophilia offered a **-feet-deep scuba adventure activity.

*. Following booking confirmation, approximately * people, including myself, borne the expenses for travelling to Dubai, which included booking a hotel, flights, and other miscellaneous expenses.

*. On December **, ****, at approximately **:** a.m. Indian time, we were informed by the third party that our scuba dive would only go to about **-** feet and that our booking was not for ** feet. At approximately **:** a.m., I dialed +** **********. to reach a representative of Thrillophilia.

*. Please note, we had a * minute ** second telephonic conversation during which the representative confirmed that the scuba dive is booked for ** feet. Following confirmation, I informed the representative of our problem, for which he requested * minutes of his time in order to resolve it quickly, with no instructions or directions provided in the meantime.

*. At approximately **:** a.m., I made a phone call to the same mobile number +** ********** after exactly * minutes. During this time, I was standing on the beach, dressed in a scuba jacket and fully equipped, ready to dive, with no other choice but to call Thrillophilia representative after representative after representative.

**. After nearly calling * times, the representative finally picked up my phone call at **:** Indian time, and we had a conversation about our terrible, exploited Scuba Diving experience.

This matter was discussed with Miss Rubal/Rupal on December **, ****, and Ma'am is aware of the entire incident. We were promised a quick resolution and solution to our problem, but despite numerous phone calls and messages, we have yet to receive a response from the Thrillophilia team.

According to my phone conversation with Miss Rubal, we were informed that Mr. Aditya is already working on a resolution towards our problem and he will come out to a solution in a good-will gesture, since we are a long term customer to Thrillophilia. Since then till today, we have not received any response from him or his team till date.

Despite paying for a **-feet activity, we were not provided with the same service and were instead placed in such an unfair situation that being a consumer was difficult. With the services being provided, I am disadvantaged, exploited, and harassed. I'd also like to mention in this notice that the Thrillophilia website updated the **-foot adventure activity to a **-foot activity on December **th, ****. I have all of the screenshots, phone conversations, and booking IDs.

I understand that mistakes happen, and such mistakes should not happen to anyone, including myself. Despite being a customer of Thrillophilia since ****, I did not expect to be subjected to such harassment, and I did not expect to be writing the final notice to the Thrillophilia family in order to seek final redress for my complaint.

The following are the few responses I've received from Thrilophilia Representatives regarding my reservation:

a) Contact Customer Service; only they can assist you.

b) The price of a **-feet scuba dive differs from the price of a **-foot dive. That's why I made the reservation, because I was getting such a great deal on this website. I would never have booked the dive if the website had stated clearly that it is only subject to a depth of ** feet.

c) If you have already completed the activity, our internal system does not support it. I called * times in about two hours and received no response, despite the fact that I was in a foreign country with different laws. I was forced to do that activity because I had paid such a high price for being disadvantaged, without a choice, with limited telephonic connectivity and resources available.

d) A professional dive is ** feet deep, while a beginner dive is ** feet deep. Neither the academy nor the Thrillophilia organisation asked for any professional licences. This cannot be the reason for something for which we have paid. The service purchased was for ** feet, but we received less than a **-foot ride in return.

Please contact me as soon as possible so that we can discuss the options we have for both bookings. I've tried and tried again and again to contact a Thrillophilia representative, but no one is ready to provide a solution to my problem.

The payment was done for ** Ft. Scuba Diving at your website, and that service was in turn happened to be a fraudulent activity. I would only like a few questions to be further added to your investigation.

*. Did your website sold us the voucher with advertisement of ** feet Scuba Diving at Rs. *, ***?

*. Have the Thrillophilia informed us to not continue with the activity? Why was there a delay of * hours in responding to the service when repeated calls were dialled by the consumer?

*. Have Thrillophilia edited the scuba diving link - website, post the activity was completed ?

*. Despite, knowing for fact, that ** feet Scuba diving is not for professional, have any one of the representative at thrillophilia informed me prior or post the booking of the activity?

*. Did the Operator gave any option to refund for the same activity?

In addition to the activity and absurd statements being provided by the response. Let me make one thing clear, it's about the fairness policy thrillophilia is showing. That's why I have raised a concern under Unfair Trade Practices of the Consumer Protection Act, ****.

In addition, some seperate questions to be added for the investigation team.

*. Had any of the representative or the investigation team informed me (including you or rupal) that the cost for both ** feet and ** feet is same? As far as I remember, Miss. Bhavika and Miss Rupal had repeatedly claimed again and again that both the activity ** Feet and ** Feet are of same cost. But later when I informed the investigation team, that th y are wrong for the fact, then it was duly considered. And the same has also been confirmed by the team.

a. Is there any negligence of thrillophilia while posting an advertisement and confirming the same for ** feet on the website?

*. Did the Operator or Thrillophilia asked us whether we had any Professional PADI certificates?

*. For the transportation, had the operator or the any of the representative of thrillophilia informed us that they wouldn't be able to pick us from Sharjah? If yes, had the team or the operator informed us prior to the booking confirmation?

The reason behind booking ** feet Scuba diving was clear:-

A. Reasonable Prices being offered by thrillophilia for ** feet Scuba Diving. We wouldn't have considered if they would have correctly mentioned it's ** feet.

B. Trust for this company over Indian customer and legal jurisdiction.

As being a consumer I was never asked or given an option of refund by the operator. Neither did your team stopped me from doing this activity. Do you have any response for the same?

Thrillophilia is unable to assist me, this conversation will be recorded and used against you in future criminal and civil proceedings in accordance with the Consumer Protection Act ****. I've been trying to file a complaint/grievance since I was wrongfully charged for a ride I never intended to book and was forced to do so by third-party representatives. This notice is about unfair trade practises and consumer exploitation. As a consumer, I've been duped, harassed, and exploited. Because Thrillophillia is using such unethical tactics.

I have suffered losses/incurred expenses of Rs. **, *** additional AED *** for travel charges for coming from Sharjah
Regards,

Advocate Parth Singh

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