By: Smt. Mini Mathew, Member

1) Complainant is a doctor by profession and practicing in a hospital at Cherupulassery at Palakkad District. He is a graduate in Medicine ie MBBS from the Calicut Medical College and Post Graduation from the University of Vienna. He was a student in 11the batch of MBBS from the Calicut Medical College. Who has decided to conduct a get – together to strengthen the friendship and relationship and in 2013, they have decided to conduct a foregin tour programme. The co-ordinator of the Programme was Dr. Moidu who is practicing at Panoor in Kannur District. He consulted with 1^st and 2^nd opposite parties and came to know that they are conducting 8 days package tour programme to Singapore - Malaysia. They are having required license to conduct the tour programme and is authorized to arrange tourist Visa, emigration clearance and other formalities. Complainant and his wife Smt. Thankam Sethumadhavan decided to join in the programme and the total expense for the tour programme was fixed as Rs.1,34,000/- per head. The date of the programme was fixed and would be commenced from 22-2-14 to 8 days. The place of embarkation was decided as Kochin International Airport at Nedumbasseri.

2) Complainant has sent three cheques to the 1^st opposite party on the following dates.

a) Cheque No. 10144108 dated 11-10-13 for Rs. 40000/- of the Federal Bank, Cherupulassery.

b) Cheque No.10144112 dated 19-11-13 for Rs.40000/- of the Federal Bank, Cherupulassery and

c) Cheque No.10144114 dated 5-12-13 for Rs. 58000/- of the Federa Bank, Cherupulassery. After the remittance of Rs. 80000/-, the complainant's wife became ill and she felt that they would not be able to travel, then she has stopped the payment of the 3^rd cheque for Rs.58000/-. In the month of January 2014 complainant's wife has badly been effected with high B.P and with severe diabetic mellitus and bilateral osteo artheitis and advised to take rest for 3 months. She was admitted in Karunya Hospital, Cherupulassery on 21-1-2014 and was discharged on 10-3-14. Due to the illness of the complainant's wife they could not attend the tour programme. So they asked for refund of the amount of the ticket or to re-schedule the journey for a period of 3 months time. After that on 10-3-14 complainant herein send a letter to the opposite parties by requesting either to refund the amount of the ticket or to extent the air tickets for a period of 5 to 6 months. But even repeated demands the complainant has not recived any favourable reply from the opposite parties. After that complainant has caused a lawyer notice to the 1^st and 2^nd opposite parties by demanding an amount of Rs.80000/-. Though they have received the lawyer notice, they neither sent any reply nor paid the amount so far. Hence this complaint.

4) Notice from this Forum served to opposite parties but they did not appear before the Forum and there was no representation also, hence their name was called and set ex-parte. Evidence of the complainant consists of the proof Affidavit filed by him and Ext. A1 to A6 marked for him. The non refunding of the amount of Rs. 80000/- being the air ticket charges despite of the fact that they have not traveled through the flight of 3^rd opposite party and cancellation of the ticket would amount to deficiency in service committed by the opposite parties who are jointly and severally liable to compensate the complainant.

In the result, we order that the oppsoite parties shall pay an amount of Rs.80000/- to the complainant as the air ticket charges paid to the opposite parties along with Rs.20,000/- as compensation for the metal agony suffered by the complainant within one month from the date of receipt of the copy of this order.

Dated this 16^th day of March , 2015

K.MOHAMMED ALI , PRESIDENT

R.K.MADANAVALLY , MEMBER

MINI MATHEW, MEMBER

                                                                                               APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1to A6

Ext.A1 : Abacus Electronic Ticket Passener customer copy

Ext.A2 : Tour package broucher of the 1^st opposite party

Ext A3 : Letter issued Dr. K..P.Santhakumaran, to the complainant's wife

Ext A4 : Photo copy of Advice on discharge issued by Karunnya Hospital

Ext A5 : Receipt of Professional Couriers

Ext A6 : Lawyer notice send by the Adv. C.V.Suresh kumar,

Witness examined on the side of the opposite party : Nil

Documents marked on the side of the opposite party : Nil

K.MOHAMMED ALI , PRESIDENT

R.K.MADANAVALLY , MEMBER

MINI MATHEW, MEMBER