For the Complainants - Mr. Soumen Sekhar Ghosh, Advocate
For the Opposite Party-2 - Mr. Prasanta Banerjee, Advocate
FINAL ORDER/JUDGMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainants in brief; is as follows :-
Complainants booked Australia tour for 15 nights and 16 days on payment of Rs.3,12,000/- including hotel charge, flight fair, fooding and visa charges for themselves.OP-3 did not grant visa to the complainants. OP-1 regretted the request of the complainants to refund the deposited amount. There is gross negligence on the part of the OP-1 for not rendering proper service to the complainants, for such activities the complainants have to suffer huge mental agony, physical stress and consequential and financial hardship. Hence, the complainants pray for direction upon the OP-1 to refund Rs.3,12,000/- including interest and compensation.
OP-2 has contested the case by filing Written Version wherein they have challenged the maintainability of the consumer complaint. The complainants made no allegation against the answering OP/ Indusind Bank. There is no negligence and deficiency in service on the part of the answering OP. The answering OP has prayed for dismissal of the complaint with cost. In this context, it is pertinent to mention here that the name of the OP-2 has been expunged vide order dated 21.08.2019
Despite service of notice, OP-1 did not turn up to contest the case. As such, the case has proceeded ex parte against the OP-1.
Points for Determination
- Whether the complainants booked package tour for Australia with OP-1?
- Whether there is any deficiency in service on the part of the OP-1?
- Whether the complainants are entitled to refund the deposited amount including interest and compensation ?
Decision with reasons
Point Nos. 1 to 3 :-
All the points are taken up together for the sake of convenience.
We have perused the consumer complaint, examination in Chief of complainant No. 1 and documents on record. On scrutiny of the documents annexed with the complaint petition we find that complainants booked Australia tour for 15 nights and 16 days with OP-1 and also transferred Rs.3,12,000/- to the OP-1 through OP-2 Indusind Bank against receipt. OP-3, Australian High Commission refused to grant Visa to the complainants and the OP-1 refused to refund the deposited amount to the complainants in spite of legal notice dated 25.10.2018 which is contrary to the agreement of the tour programme. Therefore, we hold that the complainants are consumer U/Section 2(1) (d) (ii) of the Consumer Protection Act, 1986. The OP-1 failed to render service to the complainants. Thus, they are deficient in rendering services to the complainants. Therefore, the complainants sustained mental harassment and agony. As such, the complainants are entitled to refund deposited amount with compensation. Thus, all the points under determination answered in the affirmative.
In the result, the case succeeds in part. Hence,
Ordered
That the complaint case be and the same is allowed ex parte against the OP-1 with cost of Rs.5,000/- (Rupees five thousand) only.
OP-1 is directed to refund the deposited amount of Rs.3,12,000/- only to the complainants along with litigation cost within 45 days from the date of the order.
The OP-1 is further directed to pay Rs.25,000 (Rupees twenty five thousand) only as compensation for mental agony and harassment to the complainants within the statutory period.
Liberty be given to the complainants to put the order in execution, if the OP-1 transgresses to comply the order.
